关于破坏监管秩序罪的认定

破坏监管秩序,是罪犯在监狱及其他监管场所服刑期间时有发生的行为,破坏监管秩序,情节严重则构成犯罪。我国《刑法》第315条规定了破坏监管秩序罪的构成及其刑事责任。破坏监管秩序罪,是指被依法关押在监管场所服刑的罪犯,殴打监管人员,组织其他被监管人破坏监管秩序,聚众闹事,扰乱正常的监管秩序,殴打、体罚或指使其他人殴打、体罚其他被监管人,情节严重的行为。破坏监管秩序罪,处3年以下有期徒刑。     

"被害人自愿"与诈骗罪认定

行为人通过实施欺诈手段取得财产的行为不一定构成诈骗犯罪。诈骗犯罪中的欺诈手段和其他侵犯财产罪中实施的欺诈手段的根本区别是 :诈骗犯罪中的欺诈手段使被害人产生错误认识 ,其基于意志自由“自愿交付”财产。区分诈骗罪与盗窃、抢夺、抢劫、敲诈勒索等其他以实施欺诈手段侵犯财产的犯罪 ,必须从被害人在受到欺诈时的认识因素和意志因素两个方面来进行。     

Implementation and Optimization of the Sodium‐Rhodizonate Method for Chemographic Shooting Distance Estimation

In shooting incident investigations where it is important to estimate the shooting distance, the sodium‐rhodizonate coloring method has been used for the visualization of GSR patterns extensively. This publication describes the optimization of this method by the use of a heated press for the transfer of GSR traces on garments, as well as variation of a number of other important process parameters. Our final aim for this project was to prepare a formal validation of the coloring method as prerequisite for its inclusion into the scope of ISO17025‐certified methods in the GSR Laboratory. A number of important factors and process parameters were identified, such as buffer composition and pH, type of textile used as a substrate and resolution of the documentation of the results. Results were tested using a synthetic proficiency test. Our optimized method has been found to be a very effective technique for visualization of macroscopic GSR traces.     

实事求是的典范 --纪念陈云诞辰100周年

陈云是伟大的马克思主义者,无产阶级革命家、政治家.他的实事求是的思想和作风,为全党和全国人民树立了光辉的典范.他提出的"不唯上、不唯书、只唯实,交换、比较、反复",闪耀着唯物辩证法的灿烂光辉.     

诉讼证明理论中的四组相对概念之辨正

法律事实是个既有歧义又不必要的概念。客观真实说作为关于证明标准的观点和关于证明评价标准的观点都是不成立的,不具有现实的程序意义,法律真实则是多余并且不成立的伪概念。诉讼证明中的所谓绝对真实与相对真实与认识论意义上的绝对真理与相对真理不可相提并论。对形式真实与实质真实应作为关于真实的发现的相对的程序原则来理解,形式真实主义的实质是承认当事人自身意志的有效性,实质真实主义的实质是不承认当事人自身意志的有效性。     

The anatomical diaspora: evidence of early American anatomical traditions in North Dakota

The current focus in forensic anthropology on increasing scientific certainty in ancestry determination reinforces the need to examine the ancestry of skeletal remains used for osteology instruction. Human skeletal remains were discovered on the University of North Dakota campus in 2007. After recovery, the osteological examination resulted in a profile for a 33- to 46-year-old woman of African descent with stature ranging from 56.3 to 61.0 in. The pattern of postmortem damage indicated that the remains had been prepared for use as an anatomical teaching specimen. Review of the American history of anatomical teaching revealed a preference for Black subjects, which apparently extended to states like North Dakota despite extremely low resident populations of people of African descent. This study emphasizes the need to examine the ancestry of older teaching specimens that lack provenience, rather than assuming they are derived from typical (i.e., Indian) sources of anatomical material.     

Human dental age estimation by calculation of pulp-tooth volume ratios yielded on clinically acquired cone beam computed tomography images of monoradicular teeth

Abstract: Secondary dentine is responsible for a decrease in the volume of the dental pulp cavity with aging. The aim of this study is to evaluate a human dental age estimation method based on the ratio between the volume of the pulp and the volume of its corresponding tooth, calculated on clinically taken cone beam computed tomography (CBCT) images from monoradicular teeth. On the 3D images of 111 clinically obtained CBCT images (Scanora^®3D dental cone beam unit) of 57 female and 54 male patients ranging in age between 10 and 65 years, the pulp–tooth volume ratio of 64 incisors, 32 canines, and 15 premolars was calculated with Simplant^® Pro software. A linear regression model was fit with age as dependent variable and ratio as predictor, allowing for interactions of specific gender or tooth type. The obtained pulp–tooth volume ratios were the strongest related to age on incisors.     

Three-dimensional modeling of the various volumes of canines to determine age and sex: a preliminary study

Canines are usually used in anthropological and forensic sciences for sex and age determination. The best methods to estimate age are based on secondary dentine apposition, evaluated from periapical X-rays. The aim of this study was to propose a new method of sex and age estimation using 3D models to obtain more precise predictions using tooth volumes. Fifty-eight dental CT scans of patients aged 14-74 with a well-balanced sex ratio composed the sample. One hundred and thirty-three healthy canines were modeled (Mimics 12.0). The sample was divided into a training sample and a validation sample. An age formula was determined using the "pulp volume/tooth volume" ratio. Sex prediction was adjusted with total volumes. Applying the equations to the validation sample, no significant difference was found between the real and predicted ages, and 100% of the sex predictions were correct. This preliminary study gives interesting results, and this method is worth being tested on a larger data sample.     

山东省机械企业一线职工收入分配状况的调查分析与对策建议

经调查,2007-2009年近三年来,山东省机械企业一线职工的工资收入增长缓慢,收入水平偏低,职工收入分配差距不断扩大,职工对企业工资决定机制参与度低,职工对收入分配不公平反映强烈。分析造成这种状况的原因,主要是有关法律法规不完善、政府宏观调控乏力、企业内部工资决定机制设置不合理、工会组织发挥作用不够等。改进的对策和建议是：加快修订和完善企业工资分配等方面的法律、法规;强化政府宏观调控的措施和手段;指导企业建立公平合理的工资分配机制;充分发挥工会组织在调节企业收入分配中不可代替的作用。     

Age estimation by pulp/tooth ratio in canines by peri-apical X-rays

Estimation of age in individuals has received considerable attention in forensic science, in which it is a widely used method for individual identification, together with paleo-demographic analyses to establish mortality patterns in past populations. The present investigation, which is a continuation of a previously published pilot study, was conducted to examine the possible application of the pulp/tooth area ratio by peri-apical images as an indicator of age at death. A total of 200 peri-apical X-rays of upper and lower canines were assembled from 57 male and 43 female skeletons of Caucasian origin, aged between 20 and 79 years. They belong to the Frassetto osteological collection of Sassari (Sardinia) and are housed in the Museum of Anthropology, Department of Experimental and Evolutionistic Biology, University of Bologna. For each skeleton, dental maturity was evaluated by measuring the pulp/tooth area ratio on upper (x(1)) and lower (x(2)) canines. Very good agreement was found between intraobserver measurements. Statistical analysis was performed in order to obtain multiple regression formulae for dental age calculation, with chronological age as dependent variable, and gender, and upper and lower canines as independent variables. Stepwise regression analysis showed that gender did not contribute significantly to the fit (p=0.881) whereas variables x(1) and x(2) and the first-order interaction between them did. These two variables explained 92.5% of variations in estimated chronological age and the residual standard error was 4.06 years. Lastly, two simple linear regression equations were obtained for age estimation using canines from the maxilla and mandible separately. Both models explained 86% of variations in estimated chronological age and allowed an age-at-death estimate with a residual standard error of about 5.4 years.