A New Tool for Coding and Interpreting Injuries in Fatal Airplane Crashes: The Crash Injury Pattern Assessment Tool Application to the Air France Flight AF447 Disaster (Rio de Janeiro–Paris), 1st of June 2009

For investigation of air disasters, crash reconstruction is obtained using data from flight recorders, physical evidence from the site, and injuries patterns of the victims. This article describes a new software, Crash Injury Pattern Assessment Tool (CIPAT), to code and analyze injuries. The coding system was derived from the Abbreviated Injury Score (AIS). Scores were created corresponding to the amount of energy required causing the trauma (ER), and the software was developed to compute summary variables related to the position (assigned seat) of victims. A dataset was built from the postmortem examination of 154/228 victims of the Air France disaster (June 2009), recovered from the Atlantic Ocean after a complex and difficult task at a depth of 12790 ft. The use of CIPAT allowed to precise cause and circumstances of deaths and confirmed major dynamics parameters of the crash event established by the French Civil Aviation Safety Investigation Authority.     

论全国人大常务委员会法律统一解释体制构建

1982年《宪法》明确赋予了全国人大常务委员会法律解释权、法律修改权与非基本法律制定权.2000年《立法法》进一步明确了全国人大常务委员会法律解释程序.从2000年开始全国人大常务委员会充分地行使了法律解释权,针对《刑法》共颁布了九个立法解释,由此也引发了刑法立法解释与刑法司法解释如何区分,是否有独立存在意义的争议.通过对刑法立法解释的实证分析,我们可以发现全国人大常务委会法律解释体制的特征不在于其解释方法的特殊性,而是其特殊的法律统一解释功能.在社会主义法律体系逐步完备之后,如何保障法律体系内部的协调,将成为越来越重要的任务.全国人大常务委会法律解释体制应承担此重要的功能,这既是1982年《宪法》所赋予的权力,也是构建宪政国家不可或缺的环节.应基于这种法律统一解释功能来构建全国人大常务委员会的法律解释程序.     

PUBLIC ADMINISTRATION REFORM IN POST‐CONFLICT SOCIETIES: LESSONS FROM ACEH,INDONESIA

Post‐conflict reconstruction programs increasingly include components designed to strengthen the performance of the public service and to support public sector reform. Although there is a growing body of literature on the relationship between public administration, and peace and development, there have been few case studies of donor efforts to strengthen public administration as part of post‐conflict reconstruction. This study examines efforts to strengthen the civil service in Aceh, Indonesia, following the province's first post‐conflict elections in 2006. It examines the impact of a donor‐funded program designed to assist Aceh's first post‐conflict administration (2007–2012) to reform its personnel management practices. The case study sheds light on weaknesses in current donor approaches to public administration reform in post‐conflict situations. Copyright © 2012 John Wiley & Sons, Ltd.     

危害食品安全犯罪刑法规制之重构

虽然《食品安全法》和《刑法修正案（八）》对食品安全违法犯罪作了新的调整,但是现行的刑法规制不尽如人意。如《刑法》第一百四十三条、一百四十四条和第一百四十条之间区分标准不统一,容易造成法条的误读,与前置法也不能有效衔接。如果对相关法条进行重构,不仅能解决上述问题,还能明确食品安全犯罪的阶梯关系,与国际通行立法例相一致。     

“The one single primary cause”: divorce,the family,and heterosexual pleasure in postwar Australia

Abstract

In the late 1940s, the popular Australian journal Smith's Weekly boldly announced that “the one single primary cause” of divorce was “physical maladjustment between man and wife through ignorance of sex.” By the 1950s, the links between sex and divorce were omnipresent. Regardless of the traumas of World War II and the difficulties faced by both men and women in re-acclimatising to “normal” civilian life, rising divorce rates were commonly linked to sexual dissatisfaction within the marital bed. The new model of heterosexual pleasure demanded a certain kind of sexual life: regular, penetrative, and completed by the simultaneous orgasm. Anything else was troubling and probably unsatisfactory. Given that various sex writers suggested that at least half of all married women were sexually frustrated, the potential for divorce hence social disaster was clear. The sexual lives of citizens, then, were ripe for a raft of public commentaries—for marital sex could undermine postwar population, the nuclear family, and the very foundations of 1950s Australian citizenship. This article will explore the twin concepts of divorce and heterosex and the multiple ways sexual dissatisfaction was linked to social and sexual disorder.     

Sibship Analysis Based on Parental Genotype Reconstruction from Any Number of Reference Siblings

Previous analyses of alleged siblings have calculated the conditional probability of a test sibling's genotype given a reference sibling's genotype; however, more genetic information is available when two or more reference siblings are tested. Based on the root concept of identity by descent (IBD), we present a sibship method of parental genotype reconstruction (PGR) that can use any number of reference sibs. Nine PGR patterns, along with their respective IBD proportions of full‐sibs and half‐sibs, were identified and used to calculate joint sibship probabilities and likelihood ratio formulas. In addition, a correction PGR was developed for situations involving the same genotype repeating in the reference sibs. The method is simple and can be applied to any number of alleged full or half‐siblings.     

犯罪心理现场特征辩

心理现场与物质现场的关系,诚然有一种反映与被反映的关系。但是,需要辨析“反映性”和“反应性”两个不同的概念,以及它们相互之间的联系。心理现场的物质支点是心理痕迹,它是以记忆痕迹为基础的物质痕迹之转换。犯罪心理现场区别于犯罪物质现场,有其自身的基本特点,把握了这些特点,就能更加自觉而有效地在案侦中重建犯罪心理现场。而犯罪心理现场运用的特点,需要辩明心理现场的重现与重建,如何提取犯罪心理痕迹,心理现场在犯罪重建中的运用等问题。     

犯罪构成理论体系改造研究的现场叙事——兼对一种改良论主张的若干评论

对于现行的犯罪构成理论,我国刑法学界存在维持论（维持现状）、改良论（修修补补）和重构论（推倒重来）三种倾向。“维持论”者在理论和实践上可能存在着“两头轻”问题,此种观点首先需要摒弃。改良论尽管较之维持论具有一定的进步意义,但是在立场上是不彻底的。事实上,改良论者的两点改良建议已经分别从外观和内容上具有了重构现有犯罪构成理论的朦胧韵味,应该将改良论的主张再向前推进一步,直接导入德日的阶层式体系作为我国重构犯罪论体系的目标。也就是说,应当坚持激进的重构论的主张。     

The Physical Effects of Contact and Close‐Distance Gunfire on Sweatshirt Fleece

Powder stippling caused by the impact of propellant particles during close‐distance gunfire has been previously described on skin and solid objects only. Additionally, radial tearing has been described as clear evidence of a contact‐distance shot, requiring no further testing. Patterns of discrete perforating holes (referred to here as “stippling perforations”) and other physical damage on sweatshirt fleece fabrics were prepared. Using the firearm and ammunition in this study, stippling perforations were observed to a maximum muzzle‐to‐target distance of 35 cm (10 inches). In addition, radial tearing and disintegration were present (and often more extensive) at greater than contact distance. The presence of stippling perforations could augment muzzle‐to‐target distance estimates generated using the Griess test, or allow distance estimates when the Griess test is not feasible. Unlike what has been previously reported, testing on the original evidence (or similar substitute) is warranted when physical damage is used to estimate shooting distance.     

以刑法规范为核心重构刑法学体系

刑法规范是形式和内容的有机统一,统领刑法的所有概念。以刑法规范为核心重构刑法学体系,能够反映刑法学研究的全部对象,能够促使刑法学研究向形式合理性的转变,能够将刑法学研究从孤立、静止、封闭状态中解放出来,能够正确处理刑法学与犯罪学的相互关系。