非公司企业法人注销登记制度的缺陷与完善

现行企业法人注销登记制度在审查、公告环节及效力发挥等方面存在缺陷。本文认为．应摒弃计划经济时代形成的旧观念,修改法律法规、建立约束审查行为的监督机制,设立企业法人终止原因公告的环节．     

Development of STR profiles from firearms and fired cartridge cases

Fired cartridge cases are a common type of evidence found at crime scenes. However, due to the high chamber temperatures and touch nature of this evidence, DNA testing is not commonly sought because it is believed DNA is only present in low levels, whether it is due to initial low levels of DNA and/or DNA degradation from the heat or inhibition of the PCR reaction. Moreover, very few laboratories report STR typing success with fired cases. This study focused on obtaining STR profiles from fired cartridge cases using the AmpFℓSTR^® MiniFiler™ kit, which is designed to amplify DNA from low level, inhibited, and degraded samples. Comparisons to other STR amplification kits were also conducted. In attempt to simulate casework, random individuals loaded cartridges into a firearm. DNA was recovered from the fired cartridge cases using the double swab technique and extracted using an automated large volume DNA IQ™ method. Initially, testing focused on known shedders handling cartridges for 30 s prior to firing. A significantly greater number of alleles was obtained following amplification with the MiniFiler™ kit versus the PowerPlex^® 16 BIO kit. No alleles were observed using the Identifiler^® kit. In an attempt to better simulate casework, a random selection of laboratory personnel handled shotshells for as long as needed to load and fire the weapon. In this mock sample study, the MiniFiler™ kit successfully amplified an average of 22% of expected alleles from DNA recovered from shotshell cases versus the PowerPlex^® 16 BIO kit where an average of 7% of alleles were observed. However, the total number of alleles obtained from the two kits was not significantly different. The quality of the DNA obtained from fired cases was studied with evidence of inhibition in at least 11% of shotshell case samples. After swabbing the head and the hull of three shotshell cases separately, a significantly greater number of alleles was obtained from the hull as opposed to the head of the fired shotshell case. In addition, after firing, various internal firearm surfaces were swabbed, including the chamber of barrel, ejection port, and breechface, in an attempt to obtain amplifiable DNA. DNA was obtained from the chamber of the barrel and was amplifiable using the MiniFiler™ kit, although mixtures were obtained with extensive drop-in and drop-out making this analysis unlikely to aid an investigation.     

基层法院协作型HPWS审判人力资源管理探析——以新型审判团队运行为视角

在编制限制审判力量背景下,如何化解人案矛盾,满足人民群众日益增长的司法需求成为当务之急。刚性人力资源管理忽视审判团队成员协同性对于提高组织二元绩效的意义,为此建议,引入协作型高绩效管理系统(HPWS),制定法官助理兜底的职责分工规则,审判团队以双向选择为主,搭建知识共享型的审判团队,构建双元绩效管理体系,以期驱动审判团队成员间关系的协调性,激发新型审判团队的内生动力,化解人民群众日益增长的司法需求与有限司法资源之间的矛盾。     

试论法治与现代伦理精神的建构

要建立现代法治国家,必须重视现代伦理精神,因为这两者是互相促进的．现代伦理精神是指符合现代法治的要求,体现了蕴含责任的自由精神、社会整体和谐基础上的个体进取精神、与效率的统一的平等精神、与法治相统一的民主精神。现代伦理精神的形成既有赖于市场经济的充分发展和民主政治的高度完善,又深刻地影响着它们．因此,我们一方面要加强市场经济法制建设,以促进现代伦理精神的形成;同时又应该积极主动地培育和建构现代伦理精神,以推动现代法治国家的真正建立．     

论物权人的原物返还请求权

物权人的原物返还请求权是内容最为丰富的一种物权请求权,其适用的范围包括所有权、地上权、典权、动产质权以及留置权,但不包括地役权和抵押权。返还请求权以物权人失却占有但原物尚存为构成要件,请求权人既可以是物权人本人,也可以是物权人的财产代管人、破产管理人、代理人以及代位权人等。返还请求权的效力及于原物的返还、孳息的返还、返还费用的负担等;为防止物权人滥用返还请求权,相对人可以动产善意取得、取得时效、消灭时效、给付不能以及权利失效等事由进行抗辩。     

我国环境保护中风险预防原则的缺失及完善

科学技术的迅速发展给人类带来了惊喜的同时也带来了巨大的风险.在环境领域,科技发展的并发症已经使生态遭受严重破坏而难以回复,而潜在的环境风险则使人们感到害怕而又无奈.正是在这样的背景下,为了应对具有科学不确定性环境问题,风险预防原则应运而生.本文通过研究外国环境法中关于风险预防原则的法律制度和实践,分析了我国环境法中风险预防原则存在的问题,提出了完善该原则的相关建议.     

The Political Economy of Village Sanitation in South India: Capture or Poor Information?

Despite efforts to mandate and finance local governments' provision of environmental sanitation services, outcomes remain poor in the villages surveyed in the four South Indian states. The analysis indicates some key issues that appear to hinder improvements in sanitation. Local politicians tend to capture sanitary infrastructure and cleaning services for themselves, while also keeping major village roads reasonably well-served. Their decisions suggest, however, that they neither understand the health benefits of sanitation, nor the negative externalities to their own health if surrounding areas are poorly served. Our findings suggest that improving sanitary outcomes requires disseminating information on the public goods nature of their health benefits, as well as on the local government's responsibilities. It also requires putting public health regulations in place, along with measures to enable accountability in service provision.     

Application of the BioMek 2000 Laboratory Automation Workstation and the DNA IQ System to the extraction of forensic casework samples

Robotic systems are commonly utilized for the extraction of database samples. However, the application of robotic extraction to forensic casework samples is a more daunting task. Such a system must be versatile enough to accommodate a wide range of samples that may contain greatly varying amounts of DNA, but it must also pose no more risk of contamination than the manual DNA extraction methods. This study demonstrates that the BioMek 2000 Laboratory Automation Workstation, used in combination with the DNA IQ System, is versatile enough to accommodate the wide range of samples typically encountered by a crime laboratory. The use of a silica coated paramagnetic resin, as with the DNA IQ System, facilitates the adaptation of an open well, hands off, robotic system to the extraction of casework samples since no filtration or centrifugation steps are needed. Moreover, the DNA remains tightly coupled to the silica coated paramagnetic resin for the entire process until the elution step. A short pre-extraction incubation step is necessary prior to loading samples onto the robot and it is at this step that most modifications are made to accommodate the different sample types and substrates commonly encountered with forensic evidentiary samples. Sexual assault (mixed stain) samples, cigarette butts, blood stains, buccal swabs, and various tissue samples were successfully extracted with the BioMek 2000 Laboratory Automation Workstation and the DNA IQ System, with no evidence of contamination throughout the extensive validation studies reported here.     

Validation and implementation of the PowerPlex 16 BIO System STR multiplex for forensic casework

The PowerPlex 16 BIO multiplex short tandem repeat (STR) system contains the 13 CODIS loci (FGA, TPOX, D8S1179, vWA, D18S51, D21S11, TH01, D3S1358, CSF1PO, D16S539, D7S820, D13S317, and DS5S818), plus two pentanucleotide repeat loci (Penta D and Penta E) and the sex-identifying locus. Amelogenin. The PowerPlex 16 BIO System is optimized for use with the Hitachi FMBIO gel imaging systems. A consortium of seven independent laboratories collaborated to perform the studies defined by the FBI standards for performing a developmental validation, including the evaluation of sample concordance, percent stutter determination, nonprobative casework, precision, sensitivity, mixture determination, effect of substrates, the impact of environmental insults, and species specificity. All samples tested for concordance were consistent except for one sample from the Virginia Division of Forensic Science database that displayed discordance at D13S317, a locus whose primer sequence was altered. Stutter values were comparable to those of other STR multiplex systems, the precision was comparable to other multiplexes analyzed by gel electrophoresis, the DNA profiles were unchanged by the substrate upon which the blood samples were placed, and the nonprobative casework samples re-typed for the PowerPlex 16 BIO System were consistent with previous typing results. When greater than 0.125 ng of DNA was placed into the PowerPlex 16 BIO System amplification reaction, a full profile was generated by all laboratories. The mixture study results were comparable to those reported for other multiplex systems, the environmental study demonstrated a loss of larger molecular weight loci when samples were incubated at elevated temperatures for a prolonged period of time, and the only notable cross species hybridization was observed with primate DNA samples. This extensive validation work performed demonstrates that the PowerPlex 16 BIO System provides STR data of a quality comparable with other PowerPlex STR multiplex kits as well as other widely used STR multiplexes and is thus suitable for evidentiary casework analysis as well as database sample profiling.     

In Search of Real-Life Images in China: realism in the age of spectacle

This essay re-examines new realism in documentary film and photography in China. Distinct from official realism, genuine realism requires that experience be seen within its real environment and characters and actions of a realist work be shaped by that environment. This principle challenges the visual regime of spectacle controlled by the expanding global cultural industry. Documentary realism represents a penetrating social comment but also recovers a materialist understanding of workers' life and conditions in China. Photo-realism on the other hand uncovers the forgotten ways of life among ordinary people in the fast modernization of the cities.