Rapid genomic DNA extraction (RGDE)

Hyperpolymorphic short tandem repetitive DNA sequences, STRs or microsatellites, have become widely used in human identification, particularly in criminal cases and in mass disasters. In such cases the substrates for the analyses may be decomposed as a biological material, a fact that has to be taken into account when choosing the appropriate casework methods. Nowadays expanded windows have been opened to the world especially in the area of genetic and biology science by performance of big projects such as human genome project. In this regard, one of the primary and important steps for all is DNA extraction with high quality and quantity in minimum time from biological material. By using RGDE method, genomic DNA with high quality and quantity can be acquired in the shortest time which has been presented in the world up to now. In this paper we report the evaluation of DNA extraction in this method.     

宪法解释的衡量模式——兼论宪法解释方法的变革

宪法解释的衡量模式是宪法解释者根据宪法的原则和精神,客观地对与解释有关的各种因素进行协调和权衡的一种宪法解释模式。这种模式以法律现实主义和法社会学以及利益法学为法理基础,在当今宪法解释中占支配地位,它是客观理性的宪法解释模式,符合公平正义的标准,是保持宪法稳定与促进宪法发展的桥梁。衡量模式的外在法理基础及内在正当性和本质决定了它是宪法解释的重要模式,一些对衡量模式的替代方法将被证明是不可行的。     

A fast analysis system for forensic DNA reference samples

On January 1st, 2006, the Swedish legislation on obtaining DNA reference samples from suspects and the recording of DNA profiles in databases was changed. As a result the number of samples analysed at the Swedish National Laboratory of Forensic Science (SKL) increased from about 4500 in 2005 to more than 25,000 in 2006. To meet this challenge, SKL launched a new analysis system to create an unbroken chain, from sampling to incorporation of a profile in the national DNA database and subsequent automatic generation of digitally signed hit reports. The system integrates logistics, digital data transfer, new functions in LIMS (ForumDNA Version 4, Ida Infront AB) and laboratory automation. Buccal swab samples are secured on a FTA^® card attached to an identity form, which is barcoded with a unique sample ID. After sampling, the police officer sends a digital request to SKL. The sample is automatically registered in LIMS and processed on delivery. The resulting DNA profiles are automatically classified according to quality using a custom-made expert system. Building the evaluation around mathematical rules makes it reproducible, standardised and minimises manual work and clerk errors. All samples are run in duplicate and the two profiles are compared within LIMS before incorporation in the database. In the first year of operation, the median time for completion of an analysis was 3 days, measured from delivery of the sample to incorporation of the profile in the national DNA database. In spite of the dramatic increase in the number of reference samples there was no backlog.     

Transferring technology across borders: institutional effects in Chinese context

Effective technology transfer across borders is very complex and difficult. There are so many factors that affect the effectiveness of technology transfer across borders, and the host country’s institutional profile is a critical factor. The country institutional profile reflects the institutional environment in that country and is defined as the set of all relevant institutions that have been established over time, that operate in that country, and that are transmitted into organizations through individuals (Kostova 1997, 1999; Kostova and Roth 2002) [Country institutional profiles: Concept and measurement. Academy of Management Best Paper Proceedings, pp. 180–189; Transnational transfer of strategic organizational practices: A contextual perspective. Academy of Management Review, 24(2), 308–324; Adoption of an organizational practice by subsidiaries of multinational corporations: Institutional and relational effects. Academy of Management Journal, 45(1), 213–233.]. There have been some studies about the relationship between institutional profile and technology transfer, but there are few studies with a Chinese context. Technology transfer plays an important role in developing countries and has been as one of vital strategies to build an innovative nation in China. Therefore, it is urgent to focus on the relationship between China’s institutional profile and technology transfer. The results of structural equation modeling, the subject of this paper, were based on an empirical study of 167 foreign ventures sampled in China, but they did not fully confirm what the institutional theory emphasized about the effectiveness of technology transfer. The normative dimension of the country institutional profile was shown to have a significantly positive effect on the effectiveness of technology transferring across borders, but contrary to expectations, the regulatory dimension of the country institutional profile was shown to have a significantly negative effect on the effectiveness of technology transfer, while the cognitive dimension has no significant effect on it. The concluding section of the paper discusses some practical implications and potential future study directions.      

合同诈骗罪与诈骗罪的界限：从体系解释的角度

欲划清合同诈骗罪与诈骗罪的界限，须用体系解释的方法。体系解释不仅要求形式上将刑法作为整体，做到上下文结合、总分则结合、刑法与其他部门法乃至宪法结合。而且从实质上将刑法作为价值体系，用刑法规范的目的即保护社会关系采区分和联系不同的犯罪。只有坚持刑法的形式体系统一于实质价值，才能厘清“合同”的含义、范围及刑法第224条合同诈骗罪、第266条诈骗罪法条竞合关系的性质、适用。     

WTO争端解决中的法律解释

在长达六十余年的GATT/WTO争端解决实践中，大量的案例报告书对多边贸易协定进行了内容丰富的法律解释，其中的专家组/上诉机构的法律解释具有准司法解释的性质，解释的宗旨是维持成员方之间在协议基础上的权利义务平衡。这些法律解释形成了自己的适用规则和特点，如解释的方法从追溯查证缔约原始文件，发展到采用国际公法解释惯例规则；以总则条款制约细则条款，对协议条文进行整体一致的解释；对例外条款从严解释；援引先前案例的解释不构成案例法意义上的判例而应属于条约解释的嗣后惯例；通过解释和推理，填补有关协议规定的空白或缺漏，使协议规定更加明确和具体化；等等。了解这些规则和特点对于中国参与WTO争端解决具有重要的实际意义。     

司法中的伦理解释及其限度——以美国宪法为分析样本

司法中的伦理解释本质上是一种立基于正当性的价值论解释方法，它要求解释者在法律文本语义的最大化范围内，选择和适用最合乎法的制度伦理的含义。伦理解释具有基础性、历史性、体系性和开放性等基本特征，这些特征都是由它所要表达的法的制度伦理赋予并在具体解释方法中展开与呈现的。伦理解释具有局限性：一方面，对法的制度伦理的辨识往往非常复杂，具有不确定性，这就会导致依托制度伦理来解释法律的客观性、正当性发生危机；另一方面，即或已经明确了法的制度伦理，但对它的维系与坚持也具有相当的难度，特别是当法官的个人正义观与法的制度伦理发生冲突时，难度更大，在极端情况下，甚至会使法律的伦理解释成为不可能完成的任务。     

Resolving relationship tests that show ambiguous STR results using autosomal SNPs as supplementary markers

When using a standard battery of STRs for relationship testing a small proportion of analyses can give ambiguous results – where the claimed relationship cannot be confirmed by a high enough paternity index or excluded with fully incompatible genotypes. The majority of such cases arise from unknowingly testing a brother of the true father and observing only a small number of exclusions that can each be interpreted as one- or two-step mutations. Although adding extra STRs might resolve a proportion of cases, there are few properly validated extra STRs available, while the commonly added hypervariable SE33 locus is four times more mutable than average, increasing the risk of ambiguous results. We have found SNPs in large multiplexes are much more informative for both low initial probabilities or ambiguous exclusions and at the same time provide a more reliable genotyping approach for the highly degraded DNA encountered in many identification cases. Eight relationship cases are outlined where the addition of SNP data resolved analyses that had remained ambiguous even with extended STR typing. In addition we have made simulations to ascertain the frequency of failing to obtain exclusions or conclusive probabilities of paternity with different marker sets when a brother of the true father is tested. Results indicate that SNPs are statistically more efficient than STRs in resolving cases that distinguish first-degree relatives in deficient pedigrees.