关于经验法则的思考

本文从经验法则的概念入手,厘清了经验法则的起源和限定,进而讨论了经验法则的具体类型。在此基础上,阐述了经验法则的三种功能:"启发性"功能;"认识性"功能;以及"证明性"功能,并就如何运用经验法则提出具体意见。     

紧扣新农村主题建设创新型党支部

推进社会主义新农村建设,作为解决好当前和今后一段时期我国"三农"问题的突破口和切入点,已经摆到了国家经济社会发展的重要战略位置.建设社会主义新农村的重任,最终要落在农村基层党组织身上.必须通过强化村党支部建设,使村党支部真正成为坚强的战斗堡垒和建设社会主义新农村的力量源泉.     

论应急预案的性质和效力——以国家和省级预案为考察对象

应急预案在本质上是各种应急法律规范的具体执行方案,但分析发现,目前的国家和省级预案却创制、补充了大量的法律规范用于弥补立法缺陷,事实上已使预案本身异化为应急法律体系的一部分。对于预案中暂时替代法律发挥作用的这些内容,为了保证其合法性,有必要在形式上将一定级别的预案上升为行政法规和规章,从而需要对预案的编制程序和内在结构进行必要的调整。     

Living victims of strangulation: a 10-year review of cases in a metropolitan community

The prevalence of reported domestic violence or intimate partner violence has greatly increased, with approximately 1.5 million women violently assaulted annually in the United States by an intimate partner. Strangulation is often seen in violence against women, including domestic violence cases. Strangulation is defined as "a form of asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck." This is a 10-year case review of 102 living victims of strangulation who underwent medicolegal evaluation at the Clinical Forensic Medicine Program at a State Medical Examiner's Office serving Southern Indiana and all of Kentucky. The majority of victims (79%) were strangled by an intimate partner, and manual strangulation was the most common method (83%). A total of 38 victims (38%) described a history of domestic violence, and the same number lost consciousness while being strangled. Nine (9%) women were pregnant at the time of the attack, while 13 (13%) had a history of being sexually abused in addition to being strangled. A paucity of cases involved only strangulation, as most of the victims were subjected to myriad forms of blunt force trauma which included not only the head and neck but also other bodily regions. This is a unique presentation of strangulation of living persons as most evidence of strangulation in the forensic literature has been derived from postmortem examinations of the victims. This comprehensive study discussing the examination of a living strangulation victim offers valuable insight into the mechanism and the physical findings involved in the strangulation process.     

Children in motor vehicle collisions: analysis of injury by restraint use and seat location

This study was a retrospective chart review of hospital records and autopsy reports of 499 children nine years old or younger involved in motor vehicle collisions from 1994 to 1998. The objective was to evaluate the frequency and severity of injuries as a function of age, restraint use, and seat position. We found that 33% of the children were unrestrained and 20% were improperly restrained. Unrestrained children had the highest mean Maximum Abbreviated Injury Scores (MAIS) and Injury Severity Scores (ISS), accounted for 70% of the fatalities, and had the highest incidence of head injuries. Although most of the head injuries were superficial, 80% of the fatalities were the result of a head injury. Improperly restrained children had the highest frequency of abdominal injuries. Regardless of restraint use, the back seat was associated with fewer head injuries and lower mean MAIS and ISS scores compared to the front seat. Also, properly restrained children in the front seat had lower mean MAIS and ISS scores than unrestrained children in the back seat, suggesting that restraint use is more beneficial than seat position.