论中国核战略的演进与构成

中国核战略有两个基本出发点,即中国国家安全和人道主义。中国核战略具有很强的连续性,同时又根据国内外情况的变化有所调整,经历了一个从反核讹诈战略逐步演变到最低核威慑战略的进程。与其他核武器国家的核战略相似,中国的核战略也由五个具体政策构成:声明政策、发展政策、部署政策、使用政策、核裁军政策。由于具体情况和战略文化的不同,中国的核战略又具有自己的特色。     

Death in sauna

Bathing in sauna is common in Finland, where there are approximately 2 million saunas among the population of 5.2 million. In this paper, deaths occurring while in a sauna in 1990-2002 in Finland were studied by analyzing police and forensic autopsy reports, death certificates, and toxicological results. The annual rate of death occurring while in a sauna was less than 2 per 100,000 inhabitants. Close to half (51%) of the cases were determined to be natural deaths and exposure to heat was the cause of death in 25%. Overall, 50% of all cases were under the influence of alcohol. The main conclusion is that death in the sauna is a rare event even in Finland where the frequency of sauna bathing is high. The role of alcohol as a risk factor has grown. The prevention of these deaths should focus on less drinking of alcohol and avoid leaving a drunken bather alone in the sauna.     

Digital forensic osteology--possibilities in cooperation with the Virtopsy project

In forensic pathology, the reactions that occur in the body from somatic death to cell death are commonly termed "supravital reactions". There are many reports of grossly visible and microscopic supravital reactions; however, few papers are available on the supravital reaction concerning gene expression. The aim of this study was to examine the gene expression of immediate early genes (IEGs) including c-fos, fos-B and c-jun in mechanically asphyxiated mouse brain and lung after somatic death and to identify the IEGs expressed at the point of supravital reaction in the brain and lung. Our results confirm that the expression of IEGs changed after death during supravital reaction and that the alterations differed according to the cause of death and the types of organ examined. In addition, IEG expression significantly increased following mechanical asphyxia. These results suggest that there is a specific pattern of gene expression following asphyxia. It is therefore important to identify the specific genes involved, as this may give significant information to aid in the post-mortem diagnosis of strangulation and hanging.     

Antisocial process screening device: validation on a Russian sample of juvenile delinquents with the emphasis on the role of personality and parental rearing

The objectives of the present study were 1) to validate the Antisocial Process Screening Device (APSD) in a sample of Russian juvenile delinquents; 2) to examine subgroups of delinquents with higher versus lower levels of childhood problem behaviors with respect to the APSD subscales, personality traits, and parental rearing; and 3) to attempt to replicate the previous finding that the APSD subscale measuring callous/unemotional traits can differentiate subgroups of delinquents with different precursors for problem behaviors (predominantly biological versus predominantly social). A group of 250 Russian juvenile inmates (mean age=16.4) was examined by means of the APSD completed by the staff at the correctional institution. The inmates completed several self-reports assessing their current and childhood behavior problems, personality traits and experienced parental rearing practices. A factor structure of the APSD was obtained that is similar, albeit not identical, to that from the original studies by Frick and colleagues [Frick, P.J., O'Brien, B.S., Wootton, J.M., McBurnett, K., (1994). Psychopathy and conduct problems in children. Journal of Abnormal Psychology, 103, 700-707]; [Frick, P.J., Barry, C.T., Bodin, S.D., (1999). Applying the concept of psychopathy to children: Implications for the Assessment of antisocial youth. In Gacono, C.B. (Ed), The clinical and forensic assessment of psychopathy: A practitioners guide. Hillsdale, NJ: Erlbaum]; [Frick, P.J., Lilienfeld, S.O., Ellis, M., Loney, B., Silverthorn, P., (1999). The association between anxiety and psychopathy dimensions in children. Journal of Abnormal Child Psychology, 27, 383-392]; callous unemotional traits in the present sample were expressed in manipulative behavior. Results further disclosed higher levels of antisocial and aggressive activities, higher levels of personality attributes such as narcissism and novelty seeking, as well as lower cooperativeness, and negatively perceived parental rearing in a subgroup with higher (versus lower) number of childhood symptoms of conduct disorder and oppositional disorder. The juvenile delinquents with higher levels as compared to lower levels of callous unemotional traits also perceived their parents as using more negative rearing strategies. The findings are discussed in terms of interactional processes between personality of the juvenile delinquents and parental rearing in the development of antisocial behavior.     

Skeleton find from Roman times suspected as an homicide victim

A human skeleton was found during construction work on the concrete foundations of a fence built 17 years before. The situation seemed to suggest that a corpse had been disposed of 17 years ago. Forensic and osteological examinations showed that death had been caused by semi-sharp and blunt craniocerebral trauma. However, there were morphological findings which indicated that the body had been buried in soil for at least 50 years. Several additional objects found nearby and the proximity to the Limes pointed to a Roman context. With the help of the radiocarbon method, the time of death could be dated to about 245-263 AD. A recent act of violence could hence be ruled out. According to the situation at the scene, it had to be assumed, however, that the skeleton must have been discovered already during the construction work done 17 years before and that the find had not been reported. Such behaviour is a phenomenon quite often encountered in practice.     

The precarious practice of forensic psychiatric risk assessments

The development of forensic psychiatric risk assessments is discussed from a clinical point of view using the example of Sweden. A central task in forensic psychiatry has traditionally been to identify dangerous, mentally disordered subjects considered to be prone to commit violent acts. Over time, “dangerousness” has been reworded into “risk”. Nevertheless, such assessments have generally been based on the psychiatric factors characterising the individual patient, while group interaction, situational factors, or social and cultural circumstances, such as the availability of alcohol and drugs, have been largely overlooked. That risk assessments have a focused on people with a diagnosis of “mental disorder” and been used as grounds for coercive measures and integrity violations has somehow been accepted as a matter of course in the public and political debate. Even the basic question whether offenders with a mental disorder are really more prone to criminal recidivism than other offenders seems to have been treated light-handedly and dealt with merely by epidemiological comparisons between groups of persons with broad ranges of psychosocial vulnerability and the general population. Legal texts, instructions and guidelines from the authorities in charge are often vague and general, while actors in the judicial system seem to put their trust in psychiatric opinions. The exchange of professional opinions, general public expectations, and judicial decision processes poses a huge risk for misunderstandings based on divergent expectations and uses of terminology.     

论民事诉讼程序参与原则

从权利的角度说,"程序参与原则"旨在保障当事人及相关第三人的"程序参与权"(包括诉讼知情权、诉讼听审权),因而属于"正当程序保障"的范畴。在民事诉讼中,程序参与原则普遍适用于争讼程序、非讼程序和执行程序及裁定程序,但适用情形和具体要求各有不同。作为法律原则,若当事人及相关第三人和法院违反程序参与原则的,均产生相应的法律后果并有相应的纠正程序或救济程序。     

离婚时处理按揭房屋的法律问题探析

婚姻期间购买的按揭房屋在夫妻离婚时如何处理是司法实践中的难点问题,《法释[2003]19号》第21条将按揭房认定为"尚未取得所有权"的房屋,要求人民法院在夫妻离婚时仅就按揭房屋的使用权予以判决。这一处理方式,既不符合物权法定分止争、物尽其用的立法宗旨,也不符合婚姻法确立的夫妻财产分割原则,更有违法律的公平正义。本文试图通过探讨按揭房屋的产权问题,特别是夫妻以一方名义购买的按揭房屋在离婚时的分割问题,突破现有的处理方式,以解决因处理按揭房屋衍生出的各种矛盾。     

论我国食品召回制度的改革及完善

《中华人民共和国食品安全法》及配套制度革命性地变动了我国食品管理体系,初步建立了我国食品召回法律制度。在发掘食品召回制度学理、比较发达国家相关制度设计、缕析我国先前制度演进与实践之后,笔者对当下法律及相关规则中涉及食品召回制度召回主体、召回程序、召回责任保险、食品安全赔偿基金、食品溯源管理制度等内容提出完善建议。