治安处罚实践中若干法律问题探讨

治安管理处罚条例中,陈述权、辩解权是当事人的重要权力,其行使或放弃由当事人自由选择,它从根本上否定了实际存在的“态度罚”;“告知”的法律约束力只限于程序过程,对受处罚的当事人没有法律约束力;应严格按照法律规定保证听证程序的正确实施;应严格依法执行治安传唤;治安调解应用具有特定性;盘问权不具有应用的普遍性。     

Digital camera identification using PRNU: A feature based approach

Source camera identification is one of the emerging field in digital image forensics, which aims at identifying the source camera used for capturing the given image. The technique uses photo response non-uniformity (PRNU) noise as a camera fingerprint, as it is found to be one of the unique characteristic which is capable of distinguishing the images even if they are captured from similar cameras. Most of the existing PRNU based approaches are very sensitive to the random noise components existing in the estimated PRNU, and also they are not robust when some simple manipulations are performed on the images. Hence a new feature based approach of PRNU is proposed for the source camera identification by choosing the features which are robust for image manipulations. The PRNU noise is extracted from the images using wavelet based denoising method and is represented by higher order wavelet statistics (HOWS), which are invariant features for image manipulations and geometric variations. The features are fed to support vector machine classifiers to identify the originating source camera for the given image and the results have been verified by performing ten-fold cross validation technique. The experiments have been carried out using the images captured from various cell phone cameras and it demonstrated that the proposed algorithm is capable of identifying the source camera of the given image with good accuracy. The developed technique can be used for differentiating the images, even if they are captured from similar cameras, which belongs to same make and model. The analysis have also showed that the proposed technique remains robust even if the images are subjected to simple manipulations or geometric variations.     

行政不法与刑事不法的不对称性研究

我国行政法规范与刑事法规范并行的二元违法立法模式,是确定行政不法与刑事不法范围、关系的法源所在.在我国立法模式下,行政不法与刑事不法的对象、范围均具有不对称性,均需区分交叉部分与独立部分.行政不法与刑事不法规制对象的交叉部分即规制对象相同并不意味规制范围相同,需要进一步通过规范保护目的区分行政不法与刑法不法范围的交叉部...     

诉讼法视野中的法医DNA证据研究

作为一种科学证据,法医DNA证据在凶杀、性犯罪等案件的审判中被广泛运用。但是该证据能否最终被法庭采纳,取决于其提取、保管、送检以及鉴定过程中是否受到一系列严格的诉讼程序加以规范,并经过庭审的质证,从而最终通过法庭的审查判断。而庭审质证能否有效进行,又与警察、鉴定人出庭作证以及交叉询问制度的真正确立息息相关。     

Applying Time-series Cross Correlation Analysis to Examine the Nexus between Firearms and Homicide in Hong Kong

This paper applied time series analysis to examine the nexus between firearm robberies and homicide in Hong Kong Special Administrative Region (HK). Recent years have seen a reduction in firearm related offences in HK compared to Britain. For instance, only three cases of firearm robbery in 2004 in HK (0.1% of all robbery; 2,237 incidents) involved genuine firearms, compared to 4,117 firearm robbery incidents (4% of all robbery) in Britain in the same year. This paper established a cross-correlation coefficient of 0.50 at lag 0 for the annual rate of two serious crimes, genuine firearm robbery and homicide, after identifying an ARMA(1,0) model from each time series (1972–2002). The results suggest that the prevalence of firearm robbery is moderately associated with the prevalence of homicide in HK.

A Small Population Study on Friction Skin Ridges: Differences in Ridge Widths Between Latent and Inked Fingerprints

Morphological changes in the width of latent fingermark ridges occur naturally over time. This could be used to examine the aging process of latents and eventually estimate time of deposition. In a crime context, it is common practice to compare a questioned (aged) fingermark with a database of known (inked) prints. Therefore, in the absence of fresh fingermarks for aging purposes, it is of interest to reveal correlations between these two categories of fingerprints with regard to the widths of their ridges. The present study explores correlations of ridge widths between flat and rolled inked prints with latent fingermarks visualized with carbon black (CB) and titanium dioxide (TiO₂)-based powders among a small population of ten donors. Results revealed consistent differences between the ridge widths of latent and inked prints as well as flat and rolled impressions. Latent fingermarks visualized with CB and TiO₂ powders showed ridges with comparable widths.     

中日两国父母教养态度与儿童孤独感的关系

以448名中日两国小学4-6年级儿童为研究对象,采用Asher等人研制的儿童孤独感量表、日本田研式精神健康诊断调查表和亲子关系检查量表考察了中日两国父母的教养态度及其与儿童孤独感的关系.结果显示,中日两国父母的"期待"、"严格·干涉"和"不安·溺爱"教养态度存在显著差异.两国男生与女生在"严格·干涉"和"期待"两种教养态度上存在显著差异.两国四年级与五、六年级学生在"严格·干涉"、"期待"和"不安·溺爱"教养态度方面存在显著差异.中国父母的"严格·干涉"、"期待"教养态度与儿童孤独感呈显著正相关.日本父母的教养态度和儿童孤独感呈显著正负相关.     

公共应急体系下中国红十字会组织力建设研究

在国家公共应急管理体系中,中国红十字会的地位和作用比较突出,它既是国际红十字运动的成员国组织,又是中国党和政府在人道服务领域中的独特助手。作为一个复杂组织系统,从其权力垂直分层看,中国红十字会在中国政治体制中的垂直定位具有法定性、历史性和继承性,这不仅体现在国际红十字与红新月运动和各国红十字会之间的历史关系定位,还体现在中国红十字会同党和政府之间的责任纽带关系。因此,中国政治体制性质规定了中国特色红十字会的政治组织力。但是,在复杂系统中的组织应急张力,即组织联盟力、执行力和社会动员力等扁平向度的技术管理能力却因机制问题降低了它应对应急事件的执行能力。为此,应着力增强组织自我革新力,创新社会力量参与应急管理联动机制,拓展公共应急联盟共享空间,满足复杂系统对应急组织能力建设的需要。     

Facial symmetry in robust anthropometrics

Image analysis methods commonly used in forensic anthropology do not have desirable robustness properties, which can be ensured by robust statistical methods. In this paper, the face localization in images is carried out by detecting symmetric areas in the images. Symmetry is measured between two neighboring rectangular areas in the images using a new robust correlation coefficient, which down-weights regions in the face violating the symmetry. Raw images of faces without usual preliminary transformations are considered. The robust correlation coefficient based on the least weighted squares regression yields very promising results also in the localization of such faces, which are not entirely symmetric. Standard methods of statistical machine learning are applied for comparison. The robust correlation analysis can be applicable to other problems of forensic anthropology.     

Development of a harmonised method for the profiling of amphetamines VI: Evaluation of methods for comparison of amphetamine

Amphetamine samples were analysed by gas chromatography-mass spectrometry (GC-MS), and the peak areas of 33 target compounds were transformed by applying various pretreatment techniques. The objective was to optimise the ability of a number of distance metrics to establish links between samples of amphetamine originating from the same batch (henceforth referred to as linked distances). Furthermore, partial least squares discriminant analysis (PLS-DA) was used to evaluate the effects of various pretreatment methods on separation of amphetamine batches synthesised by the Leuckart reaction, reductive amination of benzyl methyl ketone, and the nitrostyrene route. The most efficient way to pretreat GC-MS data varied for the different distance metrics, although best results were obtained when data were normalised to the sum of peak areas, and either the fourth root or a logarithm was applied to the normalised data. When pretreating normalised data by fourth root transformation, Pearson correlation was the distance metric that was most successful at finding linked samples. Normalisation and the use of fourth root also represented the best method of pretreating data when employing PLS-DA to separate samples synthesised by different routes. To achieve a faster and more user-friendly procedure for evaluating chromatograms, experiments were performed in which the number of target compounds used to compare samples was reduced. The effect of each compound that was removed was studied by applying PLS-DA and by using Pearson correlation to calculate linked distances as well as unlinked distances (between samples from different batches of amphetamine). Considering both links between samples from the same batch and separation of samples synthesised by different routes, the best results were obtained with the data set comprising 26 compounds. Finally, it was found that the profiling method developed in this work was superior to an existing technique with respect to separating linked and unlinked distances.