程序法与实体法关系考辨——兼论程序优先理论

程序法与实体法的关系可以从两个方面来理解 :一方面 ,程序法对实体法的实施起着保障作用。这是程序法对于实体法的工具性价值。但是 ,不容忽视的是 ,另一方面程序法相对于实体法也具有某种独立性 ,程序法同时也具有自身的独立性价值。由于实体公正的不确定性以及程序公正的相对确定性 ,在程序公正与实体公正发生冲突的情况下 ,应当坚持程序公正优先。     

Reentry and Removal: Implications for Juvenile Confinement Facilities

An important national initiative in juvenile justice is Juvenile Offender Reentry (JOR). The renewed emphasis on offender reintegration has generated significant attention to juvenile justice practices, with the notable exception of juvenile confinement facilities. Juvenile detention and, to a lesser degree, juvenile corrections practitioners are involved but not invested in reentry, having made very few programmatic changes to accommodate JOR initiatives largely because these initiatives have been external to the institution and its staff. Yet, reentry is a powerful concept for juvenile facility practitioners, and the application of reentry principles could have a profound impact on daily operations. This article addresses a range of issues about investing juvenile institutions in reentry practices. Several reentry models are discussed along with their implications for daily operations and programs.     

中国高等教育的将来

目前,我们处在一个相互依赖和多元文化的全球社会。世界变了,高等教育却仍然没有出现任何实质性的变革。因此,我们需要对高等教育重新进行思考,我们需要全新的教育内容、途径以及步骤。教师必须学着将学生们自己的知识看成是教——学过程中一个非常重要的新资源,同时应该继续掌控学生在课堂的学习过程。我们有关学习的新的认识和当前实际的学习方式是互相矛盾的。对于真正的素质教育来说,培养更高层次的思考方法必须优先于实际知识的学习。与其他社会制度一样,高等教育也往往抵制变革。因此我们必须设计出新的机制,不断进行变革,使这些变革对于所有的教育机构、教职员工和学生来说都是很平常的,都是容易实现的。我提议,邀请大学和学院参与进来,重新定义中国的高等教育。批准参与的大学和学院都将收到一笔特殊基金,用于贯彻实施他们自己设计的独立的改革方案。这些方案都须是小型的、独立的,并且是不受传统的和官僚性的改革方案限制的。     

The extent of aspartic acid racemization in dentin: a possible method for a more accurate determination of age at death?

In the current study the objective was to find to what extent a reliable determination of age at death is made possible by establishing the degree of aspartic acid racemization in the dentin of teeth. The results of the investigation of 46 teeth are in agreement with the values found by other authors. The method presented makes a reproducible and accurate estimation of age possible. We intend to elaborate and improve this promising method for determination of age at death. The relevant points are presented here.     

Sensitivity of various study technics in blood stains

Quadratic pieces of fleece measuring 16 mm2 were soaked with 10 different blood-samples in the dilution steps of 1:1, 1:10, 1:100, 1:1000, respectively, and were tested in blood group typing and identification tests of forensic serology. The above spezified dilutions correspond with 5 microliters, 0.5 microliter, 0.05 microliter and 0.005 microliter of blood, respectively. The detection limit of the microspectrometric test for blood was the dilution 1:10, of the porphyrine test a dilution above 1:100, whereas the preliminary test for blood (peroxidase) succeeded always up to a dilution of 1:1000 and the species determination by the radial immunodiffusion test in agar gels succeeded in most cases op to a dilution of 1:1000. The detection limit of the anti-human globulin inhibition test was between the dilution steps 1:10 and 1:100 when non-titrated and undiluted anti-human globulin serum was used. Gc- and ABO-grouping were possible up to a dilution of 1:100 and were thus the most sensitive grouping systems. Phenotyping of the enzyme-systems and the Gm/Km-system usually required stains with considerably higher blood concentrations i.e. stains of undiluted blood.     

Fatalities in west Austrian prisons

The purpose of this study is to review 23 causes of death that have occurred in Western-Austrian prisons from 1974 to 1989. The majority of them (11 cases) were due to suicides. Among 9 cases of natural death there was a 25 years old man, who died of an unknown purulent meningoencephalitis. Two drunken prisoners had not been supervised and therefore died of alcohol poisoning. In one case the police jail physician did not recognize an epidural hematoma.     

Separation of stomach contents using the sieve-tower technique]

The authors present a method to separate and preserve stomach contents for forensic purpose. Analysis by "sieve tower" technique is simple and quickly done during autopsy. Solid phases of stomach content are arranged size up and can be stored for subsequent examinations. With the fluid phase drug analysis or microscopic analysis to confirm identy of the foodstuffs may be done. By adding alcohol (70%) enzymatic digestion and bacterial degradation of the stomach content are stopped.