略论我国刑事诉讼证明标准

从我国刑事诉讼证明标准的现状出发,结合两大法系的证明标准理论,探讨了我国刑事诉讼证明标准的改进和完善问题。否定了客观真实说,对法律真实说和排除合理怀疑进行了论证。对有罪判决的证明标准,提出遵循法律真实的证明标准和采用排除合理怀疑的表述的两条思路。     

无罪推定原则的价值选择与理念调适

无罪推定原则在我国是否已经确立尚在争论中。无罪推定体现的是法律价值选择,包括审判的公正性、权威性,社会秩序的稳定性和刑事被追诉者的正当权益保障。无罪推定本身不具有阶级性,与我国实事求是原则和打击犯罪的要求一致而不矛盾。期望修改刑事诉讼法时予以明确。     

马克思主义中国化的整体性思考与党的理论创新机制研究

马克思主义中国化理论是一个开放的、发展的理论体系。紧紧围绕马克思主义基本原理与中国实践相结合这一主题,以更加开放的视野把握马克思主义中国化理论的内在的逻辑结构,对于我们深化党的理论创新生成机制认识和促进党的建设科学化具有重大的现实意义。     

Recent human sexual dimorphism study using cephalometric plots on lateral teleradiography and discriminant function analysis

Abstract:  The examination of skull sexual dimorphism has been the subject of numerous morphologic and craniometric studies, but the disadvantage of these studies is that they are dependent on the experience of the operator and involve subjectivity. In 1996, a team from Taiwan refined the methods enabling the sex of an individual to be determined using cephalometric plots made from lateral teleradiography. To validate their work using a European population, 114 dry skulls (59 men and 55 women) were examined. Cephalometric plots were made on lateral teleradiography with an orthodontic software and 18 cephalometric variables were analyzed. Sex was determined with 95.6% accuracy using the 18 variables discriminant function. A subset of eight variables was selected and could predict sex with the same accuracy. In conclusion, it can be said that skull-sexing methods using lateral teleradiography seem always suitable but the most indicative variables could differ relative to the ethnic population concerned.     

Comparison of natural and artificial aging of ballpoint inks

Abstract:  Solvent evaporation caused by aging from ballpoint inks was measured by gas chromatography/mass spectroscopy (GC/MS). The sample preparation was carried out with two different thermal desorption systems. The results are compared. Thirteen inks were classified with regard to their solvents, polymers, and additives. The variation of the aforementioned compounds caused by aging was monitored for naturally and artificially aged samples. In this paper, the results are compared and discussed with respect to forensic casework.     

A metric method for sex determination using the proximal femur and fragmentary hipbone

The pubic bone is considered one of the best sources of information for determining sex using skeletal remains, but can be easily damaged postmortem. This problem has led to the development of nonpelvic methods for cases when the pubic bone is too damaged for analysis. We approached this problem from a different perspective. In this article, we present an approach using new measurements and angles of the proximal femur to recreate the variation in the pubic bone. With a sample from the Terry Collection (n > 300), we use these new variables along with other traditional measurements of the femur and hipbone to develop two logistic regression equations (femur and fragmentary hipbone, and femur only) that are not population specific. Tests on an independent sample (Grant Collection; n = 37-40) with a different pattern of sexual dimorphism resulted in an allocation accuracy of 95-97% with minimal difference by sex.     

A preliminary investigation into the use of FTIR microscopy as a probe for the identification of bullet entrance holes and the distance of firing

FTIR spectroscopy has been found to be a valuable probe for the analysis of the distribution of organic components such as nitroglycerine in gunshot residues deposited on and around the bullet entrance hole of the clothing of the victim in short range firearm discharges. The method can be utilised for the detection and estimation of organic gunshot residues (OGSR) on the hands and clothing of the shooter. The method is specific and sensitive and is likely to be free from interference from, for example, environmental pollution. The method shows potential to be utilised as a suitable alternative to the widely used SEM-EDX analysis of the total contents of lead, barium and antimony present in the gunshot deposits around the bullet entrance hole. The method was tested in the laboratory and the results were validated by Gas Chromatography-Mass Spectrometry (GC-MS).     

浅议交通事故认定的性质以及救济方式

交通事故认定,作为确定交通事故当事人刑事责任和民事赔偿责任的依据,直接牵涉到交通事故当事人的人身权利和财产权益,此种认定属于具体行政行为而不属于鉴定结论。在实践中,由于交通事故处理法律法规的不完善,加上交警部门和交通民警素质高低不等以及各种客观因素的制约,造成在交通事故认定上的随意性和不确定性,而与此相配套的救济方法也是捉襟见肘。针对存在的这些缺陷,应采取综合措施予以完善。     

刑事证明标准之探微

目前,刑事诉讼应达到何种证明程度大致有两种不同的主张,即“客观真实”论和“法律真实”论。在转型这一特定时期,特别是刑事诉讼法修救已提上日程,我们应在借鉴两大法系刑事证据制度中的证明标准的基础上正确看待“客观真实”与“法律真实”,构建适合我国司法文化和回法实践的相对合理的具有层次性的刑事证明标准。