论口供获取与人权保障

任意性和真实性是口供的两个基本特征.基于对控制犯罪与保障人权的诉讼价值的诉求和对口供特征的尊重,既要首肯侦查人员获取口供的权力,又要通过限制"权力"或扩张"权利",寻求刑事诉讼双重价值的平衡.口供作为追诉犯罪的重要裁判证据,在侦查程序中的获取具有社会安全秩序意义上的该当性,但考虑到口供获取过程的特殊性,遵循正当程序的要求,则当对口供获取的原则、方式、时间、地点、程序等予以全面规制.在法治的视野下,沉默权是讯问制度中犯罪嫌疑人应当享有的重要权利,辩诉交易则又是犯罪嫌疑人打破沉默、自愿供述的激励机制.一套完整的侦查程序中口供获取与人权保护的法制体系,有待于我们在刑事诉讼法之再修改时予以构建.     

Background Levels of Salivary-α-amylase Plus Foreign DNA in Cases of Oral Intercourse: a Female Perspective

Saliva plus DNA from a suspect is commonly encountered in sexual assault cases on bodily swabs. However, without background knowledge, the weight of this evidence is unknown. It may indicate the presence of saliva resulting from cunnilingus, or it may represent indirect transfer. In this study, females who refrained from cunnilingus donated 43 items of underwear and 19 vaginal swabs. The samples were subjected to Phadebas^®, RSID^™-Saliva and mRNA profiling and were subsequently DNA-profiled to determine the prevalence of background saliva in the female population. The results report that 15.8% of females who refrained from cunnilingus were positive for saliva and a further 10.5% also had DNA from unknown source(s). These findings of the rate of indirect transfer were evaluated with the Bayesian approach, and it was found that the evidence of saliva plus a high foreign DNA source adds moderately strong support to the allegation of cunnilingus.     

Contesting Mestizaje: Black Politics and Oral Traditions in Venezuela

Afro-descendant oral traditions are powerful modes of political expression that disrupt anti-black logics within Latin America's mestizaje. Scholarship on Afro-Latin American anti-racist mobilisation centres on large-scale, collective action. Instead, in this article, I examine songs and décimas, central forms of Afro-descendant cultural subjectivity. Drawing on thirteen months of ethnographic fieldwork in La Guaira state, Venezuela, I show how oral traditions are place-based forms of resistance against anti-black racism. This research calls on scholars to attend to oral traditions and their geographies as a tool of anti-racist political mobilisation.     

Stumbling among Giants: Europe's Frustrated Solidarity with Guatemala, 1979–1996

In the 1980s, Central America became the Cold War's centre stage as Western solidarity committees rushed to shine a global spotlight on the region's revolutionary movements. Drawing on archival research and activist testimony, this article explores the uncharted European solidarity movement with Guatemala (1979–1996) and its transnational structural weaknesses. Additionally, this contribution aims to revisit recent transnational approaches to solidarity movements that highlight the purposive role of actors of the Global South in generating and shaping solidarity. Instead, it argues that restricted political spaces severely constrained Guatemalan agency domestically, affecting the strategies and tactics deployed on the international front.     

美国非法口供的排除标准及对我国的启示

美国非法口供的排除标准从开始的不具有任意性这一主观标准,扩大到包括违反“米兰达规则”这一客观标准。主观标准和客观标准各有利弊。我国对非法口供的排除目前仅规定了客观标准。为更好地实现刑事诉讼打击犯罪与保障人权两大目的,有必要对我国非法口供的排除标准进行完善,在这方面美国的实践给了我们一定启示。     

猪传染性胃肠炎病毒TH-98株S基因核酸疫苗的构建及其免疫效力

利用DNA重组技术,将编码猪传染性胃肠炎病毒(TGEV)TH-98株的全长S基因和主要抗原位点的Sa片段分别插入真核表达载体pCI的多克隆位点中。应用酶切、PCR方法鉴定阳性重组子pCI-Sa和pCI-S。将昆明鼠随机分成A、B、C 3组(A组为pCI-Sa免疫组、B组为pCI-S免疫组、C组为pCI载体对照组),每组35只,每只鼠肌肉注射100μg,免疫3次,每次间隔2周。于初次免疫后第0、14、21、28、354、2 d采血,用ELISA检测血清抗体动态变化,流式细胞仪检测外周血CD4 和CD8 T细胞数量变化。结果表明,重组真核表达载体均能诱导免疫鼠产生特异性的体液免疫及细胞免疫应答,而且pCI-Sa的免疫效果优于pCI-S。     

关于警务口语教学中任务型教学法的应用

随着我国与国际交流日趋紧密,作为警务英语的子范畴,警务口语的重要性不容忽视。文章通过完整的教学案例展示,提出任务型教学法在警务口语教学中的运用,旨在让学员通过完成任务提高警务口语学习的动机和兴趣,进而增强学员的综合素质。     

高职高专英语口语测试体系浅析

自2004年以来,高职高专英语教学的教学目标发生了很大的变化,尤其体现在对学生英语口语的要求上。本文主要探讨高职高专英语口语测试框架体系。文章介绍了适合高职高专学生参加的英语口语测试,在分析的基础上概括出其共同特点,并指出目前英语口语测试体系存在的问题,提出相应的解决办法和建议。     

‘Two children to make ends meet’: the ideal family size,parental responsibilities and costs of children on two sides of the Iron Curtain during the post-war fertility decline

One of the major corollaries of the post-war fertility boom and decline is that two-child families became common across Europe after the 1970s. Despite the general agreement on the convergence of fertility trends, there is still little understanding of how this change took place in a comparative perspective of Western and Eastern Europe, which at that time were characterised by Cold War tensions of different ideological regimes. This study addresses this aspect by focusing on individual decisions around childbearing, child-rearing and family size. Based on 104 oral histories from Switzerland and Ukraine, this study illuminates that the urban setting provided parents with a similar set of constraints and opportunities, which eventually resulted in strikingly similar perceptions of the costs of childrearing on two sides of the Iron Curtain. Individuals’ motives to postpone first birth in Switzerland and second birth in Ukraine rested on a similar aspiration to invest in the well-being of children by ensuring material security for the family. This aim was increasingly achieved through female labour-force participation and adoption of modern contraception – the pill in Switzerland and abortion in Ukraine. While the timing of returning to the labour market and the share of women working after entering parenthood might have varied across the two contexts, a good mother became increasingly defined in both contexts in terms of providing emotionally and financially for her children. Although the introduction of modern birth control methods allowed couples to plan family size more carefully, it also made Swiss and Ukrainian women increasingly carry the major costs and actual burden of birth control. Altogether, this study challenges the common assumption around the persistence of strikingly different demographic realities in post-war Western and Eastern Europe by uncovering the mechanisms behind the stabilisation of family size around the two-child family ideal.     

Development and Validation of a Method Using Dried Oral Fluid Spot to Determine Drugs of Abuse

A liquid chromatography–mass spectrometry method using dried oral fluid spots was developed and validated for the simultaneous quantification of cocaine, benzoylecgonine, cocaethylene, amphetamine, and 3,4‐methylenedioxymethamphetamine. The oral fluid was applied to a Whatman 903 grade paper and submitted to a drying time of 2.5 h. The extraction procedure was optimized by chemometric approach using simplex centroid design. Spots were extracted with a mixture of acetonitrile, buffer, and methanol. Calibration curves covered a linear concentration range of 40–500 ng/mL. Validation parameters of linearity, precision, accuracy, selectivity, carryover, matrix effects, and stability were evaluated and showed satisfactory results. Spot homogeneity was also satisfactory, with less than 15% of deviation from nominal concentration. Spot volume did not influence accuracy when less than 100 μL of the sample was applied to the spot. The validation of the proposed method suggests a potential application in different scenarios in toxicology.