义务犯的正犯原理

义务犯是一种有别于支配犯的独立正犯形态。义务犯之义务是一种专属于义务主体的积极义务,该义务未必是来自于刑法之外的先刑法义务。一方面,义务犯具有独特的理论价值：一是能够克服传统理论对身份犯处理的误区,并赋予身份性构成要件以特殊的地位;二是弥补传统支配犯理论在处理不作为犯上的不足,并为解决不作为犯中的理论难题提供完善的解决方案。另一方面,为了防止义务犯走向过度保护法益的消极面,也要对义务犯的适用空间进行合理限缩。     

Nonmetric sex determination from the distal and posterior humerus in black and white South Africans

The successful identification of human skeletal remains relies on proven diagnostic techniques for sex determination. This research utilized 608 individuals from South Africa (420 men, 188 women) to conduct a blind nonmetric determination of sex from three features of the distal humerus: olecranon fossa shape, angle of the medial epicondyle, and trochlear extension. A scoring system between males and females was implemented, and the aggregate score of the three features determined the estimated sex of the skeletal element in question. With all features combined, black and white South Africans were categorized successfully as either male or female 75.5% (77% accuracy rate for females, 74% accuracy rate for males). This classification rate is lower than what was found in previous studies, but suggests that characteristics of the distal humerus are still quite valuable when estimating skeletal sex. More research is needed to assess reasons for the differential expression of these traits in different populations and to determine whether the method is nonpopulation specific.     

Sex determination from hand and foot dimensions in a North Indian population

Hands and feet are often recovered from the site of natural as well as man-made disasters because of bomb blasts, train accidents, plane crashes, or mass homicides. This study is intended to establish standards for determination of sex from the dimensions of hands and feet in a North Indian population. The data for this study comprise 123 men and 123 women aged between 17 and 20 years from the "Rajput" population of Himachal Pradesh in North India. Four anthropometric measurements viz. hand length, hand breadth, foot length, and foot breadth have been taken on both sides of each subject following international anthropometric standards. The hand index (hand breadth/hand length × 100) and the foot index (foot breadth/foot length × 100) were calculated. Sectioning points and regression models are derived for the hand and foot dimensions and the derived indices. The hand and foot dimensions show a higher accuracy in sex determination by sectioning point analysis when compared to hand and foot index. Of the hand and the foot dimensions, hand breadth and foot breadth showed better accuracy in sex determination. Hand index and foot index remain poor sex discriminators in the study.     

利用右侧髋骨正位DR片判定贵州成人性别

目的建：抗利用成人右侧髋骨数字X线摄影DR片判定性别的厅法,并评价其应用价值。方法收集203例贵州地区成人右侧髋骨正位DR片,根据髋骨骨骼标本测量方法,结合DR片特点,选定9项测量指标（MI～M9）进行测量,运用SPSS统计软件分析测量数据,进行正态性检验、厅差齐性检验、T检验及秩合检验。结果剔除不符合条件的2项指标（M1、M7）,建立7项指标单项、7项指标联合使川以及3项指标（M2、M4、M9）逐步分析的判别方程,各方程判别函数回顾性与交叉性考核结果：单项指标59．6％～93．6％,7项联合和逐步分析均为95．1％。结论本文建立的利用成人右侧髋骨DR片判定性别的方法判别准确率最高达95．1％,町存实践中选用,并为相关研究提供数据参考。     

Cone‐beam Computed Tomography for Analyzing Variations in Inferior Alveolar Canal Location in Adults in Relation to Age and Sex*

Abstract: Previous studies have indicated that the relative position of the inferior alveolar canal and its mental and mandibular foramina in adults vary with age and show sexual dimorphism. Conceivably, these purported differences could be of forensic value for determining identity of human remains. This study was designed to determine the influence of age and sex on the relative position of inferior alveolar canal and its foramina in cone‐beam computed tomography (CBCT) studies of adults. Existing CBCT studies of the maxillofacial region from dentate adult patients selected at random and ranging in age from 18 to 80 years (110 women and 55 men) were acquired, and the location of the inferior alveolar canal was assessed at three points: the mandibular foramen in axial view, the inferior alveolar canal in coronal view, and the mental foramen in coronal view. Measurements were also expressed for the mental foramen as the percentile position from the nearest superior bony crest to the inferior border; corresponding position of the mandibular foramen from the anterior to the posterior border of the mandibular ramus; and for the inferior alveolar canal at the level of first permanent molar from the nearest buccal bony surface to the lingual surface and from the superior alveolar crest to the inferior border. Regression analyses were performed on the variables with regard to the effects of age and sex. Most analyses resulted in no statistical significance (p < 0.05). A few of the sex‐specific traits demonstrated near‐statistically significant effects; however, these characterizations generally resulted in a 1% or less change per age decade. Overall, the results demonstrated that the relative location of the inferior alveolar canal and associated foramina in adults remain fairly constant without regard to age and sex.     

Sex Determination Using the Second Cervical Vertebra—A Test of the Method*

Abstract: Sex is one of the critical questions addressed when unidentified skeletal remains are discovered in forensic or archeological contexts. Continuous testing and re‐evaluation of existing techniques is essential to improve accuracy and precision. The Wescott (J Forensic Sci 2000; 45 (2):462–6) method of sex determination from dimensions of the second cervical vertebra was blind‐tested on 153 adult individuals from the Spitalfields documented collection of human skeletal remains held at the Natural History Museum, London. Significant sex differences were determined for all dimensions measured (independent two‐sample t‐test, p < 0.05–0.001). The discriminant functions developed by Wescott were shown to have an overall accuracy of classification of 76.99%. Using stepwise discriminant analysis, a discriminant function based on the Spitalfields data correctly classified sex in 83.3% of individuals and was able to classify males and females with equal accuracy. Additional discriminant functions are presented for use in instances where preservation of the second cervical vertebra is poor.     

Sexual offenders with serious mental illness: prevention, risk, and clinical concerns

Individuals with serious and persistent mental illness who have also engaged in illegal sexual behavior present a unique challenge for our legal and clinical systems. Frequently, these individuals may engage in problematic sexual behaviors which result in hospitalization rather than incarceration, and an overburdened and resource-deficient public community mental health system is ill-equipped to address the seriousness of these sexual behaviors. We have a rather limited understanding of how prevention programs, intervention strategies, and risk assessment would work with this population. Here we evaluate data from a sample of 245 inpatient psychiatric sexual offenders in a forensic mental health setting and compare these with what information has already been presented in some of the literature. Through an examination of seriously mentally ill sexual offenders and their clinical presentation, legal history, and risk management concerns, we illustrate a variety of tertiary prevention needs. Future directions in the area of prevention and risk management for seriously mentally ill sexual offenders are also discussed.     

Forensic psychiatry in China

This article reviews the legal basis for the development of forensic psychiatry in China, the organization of clinical assessments, and training of forensic psychiatrists. Regulations for the management of patients in Ankang hospitals and the role of forensic psychiatrists within the Criminal Justice system are described. The primary role of forensic psychiatrists is to provide expert opinions on competence to stand trial and criminal responsibility in criminal cases. They are increasingly involved in civil court proceedings and tribunals at the request of a range of official agencies. The clinical cases assessed by Chinese forensic psychiatrists are very similar to those of their counterparts in Western countries, but the organizational and legal framework for these assessments reflects a very different system that has evolved independently.     

村级女干部的“去女性化”:性别、社会性别和领导力

本文对村级女干部去女性化的现象进行反思,在为什么村级女干部会‘去女性化’?的问题导向下,从众多的影响因素中选取领导力(leadership)为切入点,提出假设:是不是因为女性的领导力低于男性,所以才会出现去女性化?通过借鉴国外对领导方式的2T分析框架,探讨村级女干部参与治理的应然和实然,即从应然上说,没有领导力效率的性别高低之分,只有工作类型的合适与否。从实然上分析,存在村级女干部去女性化的原因是观念、制度和现实的共谋。结论是在村级治理中,对男性化和女性化进行优势叠加的中性化是村级女干部的必然趋势。