司法公正与司法权的国家本位

司法公正是司法活动的本质要求,是法院和其他司法机关所追求的根本目的.司法权的国家本位是一种国家完全主导司法活动的"司法状态".司法权的国家本位对司法公正的影响是深重的.它使"无讼是求"成为主流的司法文化,也使得司法活动不重程序,司法活动和司法制度过分强调国家和社会"秩序".要真正实现司法公正,必须适当调整司法权的国家独占,让社会和公民在司法活动中发挥更重要的作用.     

发展的伦理反思

现代人类面临发展危机,危机的症结和根源在于发展的异化。现代人要对发展的天然合理性产生质疑,区分"有能力做的"并非一定是"应当做的"。发展伦理学作为一种新型伦理的产生有其深刻的时代背景和现实基础,它是批判传统发展观和生态发展观的缺陷以及重视人类生存需要基础上生成的。而发展伦理之所以能够成为一种解决发展实践困惑的新兴伦理,就在于它有其深刻的哲学依据、政治依据、经济依据和生存依据。     

Free Fatty Acids Composition in Adipocere of the Kwäday Dän Ts’ìnchí Ancient Remains Found in a Glacier*

Abstract: Adipocere is a postmortem decomposition product consisting of mostly a mixture of free fatty acids (FFAs) that are formed because of the hydrolysis of triglycerides in adipose tissues. This article describes a simple and robust method for the extraction, identification, and quantification of FFA commonly found in adipocere using gas chromatography–mass spectrometry (GC/MS). This method was applied to analyze tissues from Kwäday Dän Ts’ìnchí, ancient remains discovered in a retreating glacier in the Tatshenshini‐Alsek Park, British Columbia, Canada in August 1999. The lyophilized tissues were grinded and extracted with hexane. The trimethylsilyl fatty acid derivatives were analyzed by GC/MS, and the relative abundances of myristic acid, palmitic acid, oleic acid, and stearic acid were determined. Milligram per gram levels of saturated fatty acids were found in the tissues of the ancient remains, while the levels of unsaturated fatty acids, such as palmitoleic acid, were found to be negligible. The results provided further evidence of the existence of adipocere found during forensic examination of the Kwäday Dän Ts’ìnchí ancient remains.     

An Assessment of the Utility of Universal and Specific Genetic Markers for Opium Poppy Identification

Abstract: The proper identification of illicit plants such as Papaver somniferum L (opium poppy) is important for law enforcement agencies. The identification of opium poppy was presently tested using 10 genetic markers that are universal for all plants or specific to a few poppy plants. The genetic distances of universal markers such as nuclear internal transcribed spacer (ITS), 18S rRNA, plastid rbcL, and trnL‐trnF intergenic spacer (IGS) of 14 species included in the Papaveraceae and Fumariaceae family were acquired by sequence comparisons. Both the ITS region and trnL‐trnF IGS showed high levels of interspecific divergence. Six Papaver genera‐specific markers were developed from coding regions involved in morphine biosynthesis. Three markers (TYDC, NCS, and BBE) produced amplicons only in opium poppy, providing a presence/absence test for opium poppy, while three additional markers (CYP80B1, SAT, and COR) were genus specific. These 10 markers might be useful for the forensic DNA analysis of opium poppy.     

Where juvenile serious offenders live: A neighborhood analysis of Wayne County, Michigan

This study investigated the relationship between neighborhood factors and juvenile serious offenders in Wayne County, Michigan. Wayne County is home to Detroit, a city with a glorious past but a bleak future. Administrative data were linked to tract-level census characteristics that proxy for social disorganization structural factors. Results by negative binomial regressions found significant associations in the expected direction with concentrated disadvantage, concentrated affluence, and inequality. Concentrated immigration, however, was insignificantly related to juvenile serious offending, and residential stability increased rather than decreased offending. These counter-theoretical results might be due to the presence of homes inhabited by students and young professionals and the vibrant Latino immigrant communities. The stark contrasts this analysis documented, combined with the high correlation of economic conditions to juvenile crime, demand urgent and radical responses to completely transform impoverished neighborhoods in Wayne County.     

Who is better for handling domestic violence? A comparison between Taiwanese female and male Officers

This study examined Taiwanese female and male police officers’ perceptions of handling domestic violence. Specifically, it assessed officers’ attitudes toward whether female officers, male officers, or a combination of female and male officers are more suited for handling cases of battered women, offenders, and domestic violence overall. Survey data were collected from 96 female and 156 male officers from two police departments in Taiwan. Frequency distributions showed that a combination of male and female officers were most preferred by officers for handling abused women, offenders, and domestic violence overall. Regression analysis found that female officers were significantly more likely than male officers to favor a combination of male and female officers over female officers alone for handling battered women. Female officers were found to be more likely than male officers to favor male over female officers and a combination of male and female officers for handling offenders. Police supervisors’ attitudes toward domestic violence also influenced officers’ attitudes toward who is more suited for handling offenders. Implications for future research and policy are discussed.     

The ‘relics of Joan of Arc’: A forensic multidisciplinary analysis

Archaeological remains can provide concrete cases, making it possible to develop, refine or validate medico-legal techniques.In the case of the so-called ‘Joan of Arc's relics’ (a group of bone and archaeological remains known as the ‘Bottle of Chinon’), 14 specialists analysed the samples such as a cadaver X of carbonised aspect: forensic anthropologist, medical examiners, pathologists, geneticists, radiologist, biochemists, palynologists, zoologist and archaeologist. Materials, methods and results of this study are presented here.This study aims to offer an exploitable methodology for the modern medico-legal cases of small quantities of human bones of carbonised aspect.     

反垄断法实施中的疑难问题分析

我国反垄断法实施中存在许多问题。反垄断执法机构设置问题、反行政垄断问题、反垄断法私人诉讼问题、反垄断司法机制问题是反垄断法实施过程中的核心疑难问题。通过对这四个疑难问题的分析,提出解决对策．对完善反垄断法的实施有所帮助。     

风险负担规则与合同解除

学说和立法草案多有以合同解除制度吸收风险负担规则的主张,在我国司法实践中,两者的交错也带来了法律适用上的困惑。合同解除制度和风险负担规则具有各自的优势领域,解除一元论和并存模式是目前具有代表性的两种制度安排。在我国合同法采并存模式的背景下,风险由债务人负担时可择一适用,但需就解除权期间、清算关系中的诉讼时效、风险负担抗辩等问题作出特别处理。风险由债权人负担时应当否定债权人的解除权。瑕疵给付时的解除与风险负担应适用合同法第148条、第149条的规定,但在立法论上有重新斟酌的必要。持续性合同可类推适用租赁合同的规定或部分解除制度。清算关系中的风险分配可有限制地准用合同法第148条的规定。     

浓缩DNA法结合miniSTR分型技术检验微量DNA

目的优化低拷贝数DNA STR分型方法。方法对采用磁珠法或Chelex-100法提取DNA,Identi-filer试剂盒扩增,未获得分型结果的日常检案检材,采用物理浓缩法或过柱浓缩法浓缩DNA,采用miniFilerTM试剂盒再次扩增分型。结果 127例检材中,47例磁珠法提取DNA未获得分型的样品,分型成功率为36%;80例Chelex-100法提取DNA未获分型的样品,分型成功率为30%。结论采用浓缩法和miniFilerTM试剂盒,可以提高日常检案中低拷贝数检材的STR检验分型成功率。