刑事代理制度的理论基础

刑事代理作为一项法律权利 ,具有利他性、权能性和自由性的属性。作为一项诉讼制度 ,它是刑事诉讼实体正义、程序正义 ,提高刑事诉讼效率的必然要求     

Immunological analysis of human placental lactogen in blood stains and its application to forensic science

Sex determination of blood stains from women who were in the late stages of pregnancy was possible by detecting human placental lactogen (HPL) in them. However, the agglutination time for positive reactions was prolonged as the stains aged.     

教育股份制的特质研究

教育股份制是借鉴企业股份制合理内核的一种教育运作的创新模式。它符合教育政策和法律,适应经济和社会发展变革的现实需求,是实现教育事业可持续发展和教育进步的有效途径。教育股份制体现了一种多元化的价值趋向,并以社会本位为核心,强调公私法的兼容和价值并存,并集中在资本和管理两个层面,寻求教育公益性和资本寻利性的最佳平衡和有机统一从而凸现出其作为一种独立制度设计的特质。     

注册会计师虚假验资对委托人的专家责任探讨

注册会计师因其在所在领域的专门知识与经验从而对委托人负有专家义务。由于注册会计师对委托人所负担的专家义务,注册会计师虚假验资情况下,委托人可选择请求注册会计师承担专家责任—违约责任。这种违约责任与注册会计师违反约定义务情形下的违约责任在构成要件与免责条件方面均有区别。     

西部人文资源的法律保护——以非物质文化遗产法律保护为典型

西部人文资源的法律保护的主旨在于对民族人文精神的维护和重构。这个主旨决定相关利益的分配,从而指引着主体权利与义务的安排。法律规则追求公平和效率,从而在规则的确立上显现了西部人文资源法律保护的特有逻辑。     

小议知识产权的私权和人权属性

现代知识产权制度主要构建在对财产权或私权认识的基础上,而《世界人权宣言》赋予了知识产权人权意义。正确认识知识产权私权和人权属性,有助于在兼顾个人利益和社会公共利益的基础上,重建或优化全球知识产权制度,并防止知识产权人滥用知识产权垄断市场的行为。     

Fragmenting Fatherhood: The Regulation of Reproductive Technologies

Reproductive technologies offer the potential to break down parenthood into a number of constituent parts. These disruptive possibilities mean that the regulation of reproductive technologies holds important potential for study, providing a significant resource that has been little analysed with regard to fatherhood. This study attempts to remedy that lacuna through consideration of a range of recent developments in this area of English law. It reaches two general conclusions. First, while the law regulating reproductive technologies attributes great importance to fatherhood, this is rooted primarily (though not exclusively) in concerns for the symbolic importance of fathers, rather than in more practical considerations such as ensuring financial provision or a second hands-on carer for a child. Secondly, the Human Fertilisation and Embryology Act (1990) contains a clear attempt to protect and entrench the role of the father as completing the nuclear family. However, recent developments suggest that this legal preference for the nuclear family is subject to clear emerging cracks.     

Enacting multi-layered citizenship: Turkey’s Armenians’ struggle for justice and equality

Throughout the history of the Turkish Republic, Turkey’s Armenians have been subjected to a trade-off between the limited minority rights granted by the 1923 Lausanne Treaty and equal national citizenship. Traditionally a closed, depoliticized community, the citizenship practices of the Armenian minority have become increasingly differentiated in recent years. Building on a notion of citizenship as multi-layered and constituted through collective practice, this article investigates the implications of the political acts of Turkey’s Armenian minority on sub-national and national citizenship in Turkey. We show that Turkey’s Armenians are coupling rights demands, identification, normative references, and mobilization at the sub-national, national, and transnational levels in innovative ways, and are thereby negotiating different layers of citizenship in Turkey in a way that strengthens equal national citizenship.     

Can whale-fall studies inform human forensics?

Experimental knowledge of human body decomposition in the deep ocean is very limited, partly due to the logistical challenges of deep-sea research. The literature on ecological responses to the arrival of naturally sunk and implanted whale carcasses on the seafloor represents a potential source of information relevant to questions of human body survival and recovery in the deep ocean. Whale falls trigger the formation of complex, localized, and dense biological communities that have become a point of interest for marine biologists for the past 2–3 decades. Researchers have documented whale falls by whale type, size, geographic location, water depth and water chemistry, and there have been some comparative analyses of decomposition rates and faunal presence on carcasses. We undertook a review and meta-analysis of the whale-fall literature to identify and statistically model trends relevant to human forensics. Results from studies using deep-sea cameras baited with pig carcasses and simulated carrion provided further validation of noted trends. The stages of whale carcass decomposition most relevant to human forensics are those characterised by mobile scavengers that strip the soft tissues from carcasses, and to a lesser degree, other biota that degrade skeletal material. Our statistical models used the number of faunal taxa attracted to the whale carcasses as a measure of the ecological response and the potential rate of decomposition. Negative binomial models identified significant influences of carcass age and dissolved oxygen concentration on the ecological response (taxon numbers). The strongest environmental effects were identified in data from experimental studies that implanted whale carcasses across a broad range of dissolved-oxygen conditions. We propose directions for further experimental research to refine models of environmental controls on decomposition in the deep sea. Our results also highlight the potential use of publicly available global databases on environmental conditions in the deep ocean for informing body scavenging activity and thus body survival. Applying a forensic lens to whale-fall studies provides a window into an otherwise unseen world from the standpoint of human forensic taphonomy.