危险驾驶罪若干问题探析——对《刑法修正案(八)》第22条的解读与展望

《刑法修正案(八)》第22条规定的危险驾驶罪在性质上属于抽象危险犯,该罪的主观方面是故意,客观方面的行为包括追逐竞驶和醉酒驾驶。危险驾驶行为的认定不仅涉及文义解释,还涉及到"情节恶劣"和醉酒状态的认定问题。作为抽象危险犯,该罪也可能存在预备、未遂和中止形态,但从刑法的谦抑性考虑,对其预备、未遂和中止形态应不予刑事处罚。该罪不仅存在共同犯罪问题,还与交通肇事罪和以危险方法危害公共安全罪相关,在司法实践中需予以仔细分析。     

论普选对香港特区政府的影响

即将实行的香港普选,既符合人民主权原则,也使特区政府面临中央和民众的"双重问责"。一方面,当行政决策的地方主体性被加强的同时,特区政府必须处理好与中央意志的平衡问题;另一方面,普选将推动政党、压力团体和民众的广泛政治参与,通过监督决策过程和效果,促使政务公开和透明,使特区政府更加民主和谨慎决策。     

翁文灏与抗战期间的西南大开发

被毛泽东称为"有爱国心的国民党军政人员"的翁文灏,不仅是我国现代地质学的奠基人,而且对中国大西南的开发作出过重大的贡献.当抗战形势需要对大西南进行开发时,翁文灏临危受命,作出组织工矿企业内迁的决策,并领导了这次大迁移.翁文灏主持的资委会开发西南,为抗战胜利作出了很大贡献,给西南引入了先进的管理经验和技术人才,对西南部地区的发展有着积极的意义.     

Postmortem Measurement of Human Chorionic Gonadotropin in Vitreous Humor and Bile

Abstract: Postmortem human chorionic gonadotrophin (HCG) blood assay can confirm postmortem diagnosis of pregnancy or document situations in which HCG levels are elevated. In some cases, however, blood sampling is not possible at autopsy. In this study, HCG was quantified by enzyme‐linked fluorescent assay (ELFA) in the bile (n = 5), vitreous humor (n = 4), and postmortem blood (n = 4) of five pregnant women. There were no false negatives in the pregnant subjects (n = 5) or false positives in controls (n = 34), enabling this test to be recommended for routine use in forensic contexts in which the detection of elevated HCG levels could be of interest.     

Giant berry aneurysms in a forensic setting: a series of 14 cases

This is a series reviewing 14 cases of giant saccular aneurysms diagnosed at the Office of the Chief Medical Examiner of New York City collected over an 11-year period. Data collected on all 14 cases included neuropathological findings, comorbidities, and toxicological findings. Of these 14 cases, 8 were in women, and the ages ranged from 3 to 79 years, with a mean and a median of 50 years. Women were overrepresented in the sixth through eighth decades. Of the 14 cases described, 11 presented with a subarachnoid hemorrhage; 3, no hemorrhage; 2, subdural hemorrhage; 8, intraventricular hemorrhage; 2, intracerebral hemorrhage; and 8, more than 1 hemorrhage type. Location of the aneurysms varied with 6 in the left side of the brain, 6 present in the right side of the brain, and 2 at the midline. We described the clinical, pathological, and toxicological findings associated with these giant aneurysms.     

Suicide by skull stab wounds: a case of drug-induced psychosis

Suicide by stabbing to the head and/or driving sharp objects into the skull is of extreme rarity. This article reports the case of a 27-year-old man, who committed suicide by multiple knife stabs and cuts to the head, the torso, one shoulder and the forearms. Autopsy showed a perforating wound of the skull and the 10-cm long broken blade of the knife being still embedded in the right temporal lobe of the brain. The deceased had no history of psychiatric illness but was currently treated by mefloquine, a quinine derivative associated with a high rate of psychiatric adverse effects. Toxicological examination confirmed a recent intake of mefloquine together with chloroquine, another antimalarial drug. To our knowledge, this is the first report of a completed suicide with very strong evidence of mefloquine implication. Discussion focuses upon mefloquine-induced psychiatric disorders and highlights the importance of performing toxicological investigations in cases of unusual suicides.     

Spanish legislation against trafficking in human beings: punitive excess and poor victims assistance

The article seeks to provide a perspective of human trafficking as one of the fastest growing criminal activities of the last few years in the area of organised crime and one that affects human beings’ most basic rights. In the main, the response to the problem has been its criminal prosecution, but without tackling the issues of need that underlie this conduct and which the traffickers take advantage of to abuse, assail and exploit the people they traffic. In this context, the evolution of Spanish legislation in terms of the criminalisation of this problem has made it one of the most repressive, although there is no clear evidence of its effectiveness. This punishment, which covers a wide range of criminal conducts, has not however been accompanied by any policies to support and integrate the victims of trafficking, which has led to a large number of victims being subjected to slavery who, in the majority of cases, fall under the control of the trafficking networks again.     

Who are Chinese Citizens? A Legislative Language Inquiry

By exploring the meaning construction of Chinese citizenship stipulated in Chinese legislation and its interaction with social identities and human nature in the Chinese society, the present study investigates the nature and evolution of the conception of Chinese citizens through three selected cases from Chinese legislations, which illuminate that Chinese citizens are essentially persons with independent personalities defined by the rights and obligations stipulated in legislation. This conception is further strengthened by the entitlement to private properties and equality before law. This conception of Chinese citizenship is concrete and meaningful in the sense that it is underpinned with reference to social identities as person, people and personality in Chinese legislations. The reference of the conception to human being constitutes the essence of Chinese legislation. The meaning construction of Chinese citizenship is indeed a dynamic process engineered in the social and cultural process. The findings on the evolution of the construction of Chinese citizenship in Chinese legislation suggest that the formation of legal identity through legislation varies greatly in different countries. Nevertheless, the realization of the conception of citizenship will necessarily be backed up by social identities as person, people and personality, which will be further strengthened and expanded by the legitimating of private properties and equality before law. Citizenship is achieved by social participants through mediation engineered within the social and cultural process.     

听力正常人颅顶慢反应阈值与行为听阈的比较

目的通过比较听力正常人的颅顶慢反应(slow vertex response,SVR)阈值与纯音测听(pure toneaudiometry,PTA)阈值的关系,探讨SVR检测技术在听觉功能障碍法医学鉴定中的应用价值。方法对听力正常的46名志愿者,分别对双耳进行0.125～8kHz频率范围内的PTA阈值及0.5～4kHz频率范围内的SVR反应阈测试,通过配对t检验比较0.5、1、2、4 kHz频率范围的SVR反应阈与PTA阈值的差异,并运用方差分析比较不同频率间的SVR反应阈与PTA阈值差值的差异。结果各频率的SVR反应阈与PTA阈值差异有统计学意义(P0.05)。SVR反应阈与PTA阈值的差值在1kHz频率时最小,为(3.86±6.12)dBHL,而在0.5、2、4kHz频率时的差值分别为(5.98±6.72)、(7.12±6.56)、(8.53±7.90)dBHL。不同频率之间的SVR反应阈与PTA阈值差值的差异有统计学意义。结论听力正常人的SVR反应阈在各频率均稍高于行为听阈,在运用SVR反应阈推断行为听阈时需进行校正。