Zum Erfordernis eines Teilurteils trotz "Außerstreitstellung" des Mietzinsrückstandes

Bei Verbindung von Mietzins- und R?umungsbegehren ist ein Teilurteil auch dann zwingend zu erlassen, wenn zwar die H?he des qualifizierten Mietzinsrückstandes im darauf gestützten R?umungsprozess nicht strittig ist, aber der Mieter behauptet, er sei nach § 1096 ABGB von der Mietzinszahlung ganz oder teilweise befreit; dies gilt auch bei Au?erstreitstellung des Rückstandes der H?he nach. Das Teilurteil geht bei der Kombination von Mietzinsund R?umungsklage dem Rückstandsbeschluss zwingend vor.     

论循环经济的目标及其规范

循环经济的目标是生态效应,提高生态经济效率和实行3R原则还难以达到这个目标,需要转换思路,创新设计.循环经济立法以生态效应为导向,构建其法域、部门法和法律关系.     

野田内阁加入TPP的战略意图探析

TPP是一种旨在实现贸易、投资及人员往来等全面自由化的高水平自由贸易协定。野田内阁意图通过TPP提升日本企业的国际竞争力,推动国内农业的结构性改革,重振日本经济;在对外关系上,则欲借此修复巩固日美同盟,配合美国牵制中国的战略布局,并在未来亚太经济一体化的进程中占据有利位置。基于上述战略意图,尽管遭到日本国内长期依赖财政补贴及贸易保护的农业部门和希望继续维持现有医疗保障体系的医师会等团体的坚决反对,以致日本面临政治分裂的风险,野田仍作出了参加TPP谈判的政治决断。     

Histological examination of carotid artery tissue in cases of ligature strangulation and hanging

Violence against the neck can result in a range of macromorphological and micromorphological findings. However, the forensic relevance of the carotid sinus in cases of violence against the neck remains controversial. In this follow-up study of 22 cases of suicidal and accidental strangulations, carotid bifurcations were examined histologically for morphological changes implying direct trauma, including haemorrhage and immunohistochemical expression of heat-shock proteins 27, 60, and 70 and aquaporin-3. These cases were compared with a control group (82 cases) without neck compression or head trauma and with variable causes of death. No relevant histopathological findings implying direct trauma of the carotid bifurcation were found. No cases showed positive aquaporin-3 staining and only five cases showed positive heat-shock protein-27 staining, all of which were hangings. Without massive trauma of the carotid bifurcation, histological alterations cannot be expected. Without signs of rapid death, findings of acute circulatory failure, macromorphological and micromorphological findings of neck compression, and reliable markers indicating relevant impact on the carotid bifurcation the diagnosis of a lethal reflex cannot be verified.

Key points

• Among 22 cases of strangulation causing death, there were 16 cases of hanging and 6 cases of ligature strangulation
• Few cases showed small haemorrhages located predominantly in the surrounding fat and connective tissues; however, the haemorrhages did not have any effects on the tissues
• Neck compression had minimal effects on heat shock protein 27 expression in carotid artery tissue
• Aquaporin-3 staining suggested it is not a useful marker for relevant neck pressure, or that there had not been any relevant neck impact
• Our findings suggested no direct evidence for reflex cardiac death resulting from a brief force against the neck

     

中国化妆品动物试验立法完善——与欧盟立法比较

对化妆品进行安全性评价及数据分析,离不开动物试验。欧盟最早通过立法规范化妆品动物试验,对他国相关立法具有重要的指导和借鉴意义。中国作为世界第三大化妆品市场,如果不禁止化妆品动物试验,不仅将面临化妆品动物福利贸易壁垒,而且无法进口未经动物试验的化妆品。中国应通过立法鼓励化妆品生产商使用动物“替代方法”研发新产品,并逐步禁止化妆品动物试验。     

二参真武汤调控PI3K/AKT/mTOR信号通路抑制心肌纤维化的体外实验研究

目的 探究二参真武汤抑制心肌细胞纤维化的作用机制。方法 采用灌胃给予SPF大鼠二参真武汤、贝那普利7 d的方法制备含药血清,从出生3 d内的乳鼠心脏中提取原代心肌成纤维细胞,采用免疫荧光和台盼蓝染色法鉴定细胞纯度与成活率,采用CCK-8法确定二参真武汤含药血清的最佳给药浓度与给药时间,采用血管紧张素Ⅱ(angiotensinⅡ,AngⅡ)刺激原代心肌成纤维细胞复制心肌纤维化模型,将原代心肌成纤维细胞分为正常组、模型组、二参真武汤组、贝那普利组,采用ELISA法检测胶原蛋白(collagenase, Col)-Ⅰ和Col-Ⅲ含量,采用Western blot法检测平滑肌肌动蛋白(alpha-smooth muscle actin, α-SMA)、Col-Ⅰ、Col-Ⅲ、PI3K、p-PI3K、AKT、p-AKT、mTOR、p-mTOR蛋白表达水平,qRT-PCR法检测α-SMA、Col-Ⅰ、Col-Ⅲ、PI3K、AKT、mTOR mRNA表达水平。结果 提取的原代心肌成纤维细胞纯度与成活率均达到95%以上。与正常组比较,模型组、Col-Ⅰ、Col-Ⅲ含量显著升高(P<0.05),α...     

Portable high‐resolution automated 3D imaging for footwear and tire impression capture

The forensic science community raised the need for improved evidence recognition, collection, and visualization analytical instrumentation for field and laboratory use. While the 3D optical techniques for imaging static objects have been extensively studied, there is still a major gap between current knowledge and collecting high‐quality footwear and tire impression evidence. Among optical means for 3D imaging, digital fringe projection (DFP) techniques reconstruct 3D shape from phase information, achieving camera‐pixel spatial resolution. This paper presents a high‐resolution 3D imaging technology using DFP techniques dedicated to footwear and tire impression capture. We developed fully automated software algorithms and a graphical user interface (GUI) that allow anyone without training to operate for high‐quality 3D data capture. We performed accuracy evaluations and comparisons comparing with the commercial high‐end 3D scanner and carried out qualitative tests for various impressions comparing with the current practices. Overall, our technology achieves similar levels of accuracy and resolution with a high‐end commercially available 3D scanner, while having the merits of being (1) more affordable; (2) much easier to operate; and (3) more robust. Compared with the current practice of casting, our technology demonstrates its superiority because it (1) is non‐destructive; (2) collects more evidence detail than casts, especially when an impression is fragile; (3) requires less time and money to collect each piece of evidence; and (4) results in a digital file that can easily be shared with other examiners.     

Postmortem chest computed tomography for the diagnosis of drowning:a feasibility study

It may be difficult to distinguish the cause of death in drowning cases without specific findings. The aim of this study was to explore the forensic value of thoracic postmortem computed tomography (PMCT) using routine images and three-dimensional (3D) image reconstructions. The imaging data of PMCT examinations of six drowning cadavers, aged 21–54 years, were analyzed. Twelve victims of sudden death from coronary artery disease (CAD) were chosen as a control group. After 3D bilateral lung images were reconstructed using image processing software, an interactive medical image control system was used to measure and analyze parameters including lung volume, lung volume ratio, mean CT value of the whole lung, and lung CT value distribution curves. Lung volume and lung volume ratio were used to assess the shape changes of the lung. Lung CT value distribution curves showed the corresponding number of pixels of the different CT values in the lung image. Lung volume was not significantly larger in drowning cases (mean 2 958 cm³) than in controls (mean 2 342 cm³). Lung volume ratio values in the drowning group (mean 0.3156) were greater than those in the control group (mean 0.2763); (P = 0.02). There was no significant difference between the drowning and control group in the mean CT value of the whole lung. There were differences between lung CT value distribution curves in drowning victims and controls, with drowning victims showing a single peak and CAD cases showing a bimodal distribution. Thoracic PMCT is helpful for the forensic medical diagnosis of drowning. Lung volume ratio and lung CT value distribution are potential indicators to distinguish between drowning and CAD.     

Virtual anthropology: a preliminary test of macroscopic observation versus 3D surface scans and computed tomography (CT) scans

Virtual anthropology (VA) is based on applying anthropological methods currently used to analyse bones to 3D models of human remains. While great advances have been made in this endeavour in the past decade, several interrogations concerning how reliable these models are and what their proper use should be remain unanswered. In this research, a fundamental assumption of VA has been investigated: if the way we perceive and apply an anthropological method is truly similar when looking at bones macroscopically and through various 3D media. In order to answer, 10 skulls of known age and sex were scanned using a computed tomography (CT) scanner and a 3D surface scanner. Two observers separately applied a defined staging method to eight suture sites on these skulls, first looking at the bone macroscopically, then at the 3D surface scan, and finally on the CT scan. Two rounds of observation were carried out by each observer. Intra- and inter-observer error were evaluated, and two sample t-tests used to evaluate if the different types of medium used yielded significantly different observations. The results show a high degree of inter-observer error, and that data obtained from 3D surface scans differ from macroscopic observation (confidence level 95%, P ≤ 0.05). CT scans, in these settings, yielded results comparable to those obtained through macroscopic observations. These results offer many possibilities for future research, including indications on the kind of anthropological methods and anatomical landmarks that might be reliably transferable to the virtual environment. All current methods used in traditional anthropology should be tested, and if they prove unreliable, new techniques to analyse bones from virtual models should be developed.

Key points

• Large discrepancies between observation on dry bones and computer-generated 3D models (surface scans or CT scans) could lead to the re-evaluation of the suitability of traditional anthropological methods for application on 3D models.
• This preliminary study evaluates whether macroscopic, 3D surface scans, and CT scans viewings generate different observations.
• The results indicate that the data are not always coherent across all three media of observation.
• Explanations include the aspect given to the bone by the 3D software, differences between handling bones in real life versus on a computer, and level of expertise of the observers.

     

Empirical Evaluation of the Reliability of Photogrammetry Software in the Recovery of Three-Dimensional Footwear Impressions

This paper examines the reliability of Structure from Motion (SfM) photogrammetry as a tool in the capture of forensic footwear marks. This is applicable to photogrammetry freeware DigTrace but is equally relevant to other SfM solutions. SfM simply requires a digital camera, a scale bar, and a selection of oblique photographs of the trace in question taken at the scene. The output is a digital three-dimensional point cloud of the surface and any plastic trace thereon. The first section of this paper examines the reliability of photogrammetry to capture the same data when repeatedly used on one impression, while the second part assesses the impact of varying cameras. Using cloud to cloud comparisons that measure the distance between two-point clouds, we assess the variability between models. The results highlight how little variability is evident and therefore speak to the accuracy and consistency of such techniques in the capture of three-dimensional traces. Using this method, 3D footwear impressions can, in many substrates, be collected with a repeatability of 97% with any variation between models less than ~0.5 mm.