试论香港基本法对我国当代法制的影响

香港基本法的实施,使得中国当代法制在"一国两制"原则下有了新发展,具体表现在立法制度、法律渊源体系、法律体系、司法体制、法律适用制度以及法律解释制度等方面。基本法实施带来的影响不能简单加以衡量。两地应互相包容与理解,以弥合彼此之间的距离,求同存异,给香港基本法的实施提供前行的动力和活力,进一步完善我国当代法制。     

The toxicological challenges in the European research project DRUID

Within the epidemiological studies of the integrated European research project DRUID (Driving Under the Influence of Drugs, alcohol and medicines), 13 laboratories from across Europe will analyse whole blood, oral fluid (OF) or urine from the general driving population and injured drivers. To ensure the comparability of toxicological results from the different studies, the collection of samples, analytical methods, target analytes and analytical cut-offs have been standardized for all laboratories involved.Target analytes were selected based on suspected impairing effects and prevalence. Twenty-three drugs are included in the ‘core list’ for which analysis is mandatory: ethanol, amphetamine, MDMA, MDA, MDEA, methamphetamine, cocaine, benzoylecgonine, THC, THC-COOH, 6-acetylmorphine, diazepam, flunitrazepam, alprazolam, clonazepam, oxazepam, nordiazepam, zolpidem, zopiclone, lorazepam, morphine, codeine and methadone. Additionally, 28 other drugs will be analysed in 1–12 countries.All whole blood samples are collected in glass Vacutainer-type tubes containing sodium fluoride and potassium oxalate. Based on a comparative study of 10 collection devices, it was decided to collect oral fluid using the Statsure™ device. Since only a small sample volume is available (5–10 mL blood and 1 mL oral fluid), all laboratories have to develop methods for simultaneous detection of the target analytes. All laboratories agreed to use either LC–MS–MS or GC–MS in SIM-mode. Proficiency testing for both blood and oral fluid are organized.Analytical cut-offs were established for the core list based on those used in ROSITA-2, SAMHSA cut-off values for oral fluid and recommendations from an expert meeting in Talloires.Because of practical and legal considerations, different sample types are used: whole blood, serum/plasma and oral fluid. Literature on correlation between analyte concentrations in these body fluids is limited, which makes several comparisons of study results difficult: (1) comparison of epidemiological (blood, oral fluid and urine) and experimental studies (serum and plasma) performed in DRUID and (2) comparisons within the epidemiological studies themselves (most countries: oral fluid in road-side survey, blood in hospital studies).A combination of literature findings, new findings from DRUID and semi-quantitative results will likely have to be used to solve these problems.     

Tractor driving and alcohol—A highly hazardous combination

Introduction

Approximately half of all injury-related fatalities in the agricultural industry are associated with farm tractors. Skill-based psychomotor tasks, such as driving and operating such machines, are easily impaired as a consequence of the use of alcohol. We have analyzed characteristics of fatal traffic accidents involving tractors in Zagreb County, with special accent to prevalence of alcohol use among drivers.

Subjects and methods

The material comprised all fatal accidents involving tractor drivers in Zagreb County between the years 2001 and 2005 where a medicolegal autopsy had been performed and samples taken for subsequent forensic toxicological analysis. The total of 47 cases were included. Data were collected on characteristics of the fatally injured as well as on circumstances and dynamics of the accident itself. The results are presented with absolute and relative frequencies.

Results

Ninety-one percent (43 out of 47 cases) of fatally injured were males. No person was under the age of 18, 70% were between 18 and 65 years of age and 30% were above 65 years of age. Blood alcohol reading was negative in only 13 out of 47 analyzed cases (28%). Six cases (13%) had blood alcohol concentration (BAC) below 0.50 mg/mL, further 6 between 0.50 and 1.49 mg/mL, 16 (34%) between 1.50 and 2.49 mg/mL and the remaining six had BAC between 2.50 and 3.49 mg/mL. Median BAC among 34 fatalities with positive blood alcohol level was 1.80 mg/mL, while the highest concentration observed was 3.49 mg/mL. Multiple injuries were the most common cause of death (43%) followed by crush asphyxia (26%). Most of the victims (81%) died at the scene of the accident and all of them died within the first 24 h. In the majority of accidents (79%), the tractor operator was a victim of the vehicle rollover.

Conclusion

High percentage of farm tractor users driving under influence and high median BAC indicates that legislation alone is not sufficient in preventing accidents. Further effort should be directed toward education aimed to increase awareness of the obvious risk that alcohol use represents to driving and workplace safety. Taking into account that the overwhelming majority of fatalities occurred from rollovers, strong encouragement should be given to implementation of rollover protecting structure (ROPS) devices in order to prevent such type of fatalities.     

醉驾型危险驾驶罪刑事证据规则研究——基于刑事一体化的尝试性构建

醉驾型危险驾驶罪类似国外违警罪的特性,决定了该罪出罪通道不应通过《刑法》第13条中但书现象建立。结合该罪实体要件取决于程序鉴定结果之特性,应跳出刑事实体法之外,结合刑事程序法对刑事证据证明标准有关理论,围绕如何判断醉驾案证据证明力问题并建立相应的证据规则,以严把入罪关。根据醉驾案证据证明力高低不同,可建立如下证据规则:单独呼气酒精测试结果只能作为醉驾案立案侦查依据而非定案证据使用;单独血液酒精含量测试结果可以作为定罪证据使用,且并不违反刑事诉讼法中孤证不立原则,但其客观性与合法性必须经过排除合理怀疑;既无呼气酒精测试也无血液酒精含量测试结果时,仅凭旁证不能认定醉驾犯罪成立。     

公共就业政策的变革与驱动机制

就业是最大的民生,深化公共就业政策改革是推动我国公共就业发展的必经之路。本文在注意力配置理论的基础上,以中央政府工作报告为主要研究材料,通过文本分析和扎根理论的研究方法,探究了改革开放以来我国公共就业政策的变革过程与驱动机制。研究发现,改革开放以来国家在顶层设计上越来越重视公共就业问题;公共就业政策变革中经历了双轨制就业政策、市场化就业政策、积极的就业政策以及就业优先战略政策阶段,不同阶段政策措施发生了较大变化;其中经济发展形势、劳动力供给状况和党的执政理念是驱动公共就业政策变革的关键因素。未来中央政府应赋予地方政府更多的公共就业政策创新空间,各级政府在政策改革中应充分考虑党的执政理念、注重经济增长的就业弹性和人口质量红利的开发。     

县级财政科技投入结构及其动力研究——基于安徽省C县的实证调查

县域财政科技投入主要体现为财政局拨付、科技局统筹管理的分配模式,但农林等其他县直单位同样也存在科技投入。县本级科技支出居主导地位,其他资金主要来自于上级部门的科技专项。科技推广体系呈现以县级科技集群为轴心的向下辐射形态,与企业、各类生产合作社、个人发生复杂的供需互动,相应对各类需求主体也产生不同的效益。以科技考核竞争、“发展一晋升”竞争、建楼面子之争和邻区比对等构成的混合竞争系统,是影响县域财政科技投入的主要动力。     

危险驾驶罪主观罪过之反思性检讨——兼论我国《刑法》第14条故意犯罪定义的完善

刑法修正案(八)中新增的危险驾驶罪,其具有行为犯的特质,性质上是一种行为犯类型;本罪的主观罪过是一种故意,但是不同于传统刑法理论对主观罪过的认定以对危害后果为标准来界定的情况,其是对危险驾驶行为本身的一种追求或放任,而非严重的危害结果;我国刑法第14条对故意犯罪的概念界定有必要作出修改,改变结果本位主义,向结果本位主义与行为主义并和的方向发展,给予行为犯以一席之地,消除对行为犯犯罪主观故意认定的争议。     

Consumer Racial Profiling and Perceived Victimization: A Phone Survey of Philadelphia Area Residents

This paper explored the perceived prevalence of consumer racial profiling (CRP) (also known as “Shopping While Black”) among residents in Philadelphia. Based on data collected from a random digit dialing (RDD) phone survey, the authors examined the characteristics of those persons who believed they had been profiled in retail establishments. The research found that African Americans were ten times more likely than non-African Americans to believe they had been profiled in a retail establishment. As for gender differences, males were nearly two times more likely than females to report that they had been experienced CRP. Educated respondents were more likely than those with less education to report having experienced CRP. There were no significant findings regarding income. The authors conclude by noting the policy implications of the research findings. This project was jointly funded by Penn State’s Africana Research Center and Penn State Harrisburg’s School of Public Affairs. The authors thank Auden Thomas, Stephanie Hintz, and the interviewers from Penn State Harrisburg’s Center for Survey Research who assisted in the completion of this project.     

Motor vehicle accident with complete loss of consciousness due to vasovagal syncope

Vasovagal syncope (VVS) is one of the most common causes of complete or partial loss of consciousness, thus it might cause harm to the patients themselves or innocent bystanders while driving a car. In our case report we introduce the case of a 60-year-old man who was admitted to hospital after a serious motor vehicle accident due to loss of consciousness. We demonstrate the process and results of complete cardiologic and neurological assessment. Our case report illustrates the importance of recognition of patients with a high risk for incapacitating symptoms due to VVS, and the use of head-up tilt-table tests to determine the diagnosis and to guide therapy with beta-blocking agents. As transient loss of consciousness during driving may cause potentially fatal accident, it has to be taken into consideration during decision making for issue of driving licenses to patients with VVS.     

Influence of Running on Pistol Shot Hit Patterns

In shooting scene reconstructions, risk assessment of the situation can be important for the legal system. Shooting accuracy and precision, and thus risk assessment, might be correlated with the shooter's physical movement and experience. The hit patterns of inexperienced and experienced shooters, while shooting stationary (10 shots) and in running motion (10 shots) with a semi‐automatic pistol, were compared visually (with confidence ellipses) and statistically. The results show a significant difference in precision (circumference of the hit patterns) between stationary shots and shots fired in motion for both inexperienced and experienced shooters. The decrease in precision for all shooters was significantly larger in the y‐direction than in the x‐direction. The precision of the experienced shooters is overall better than that of the inexperienced shooters. No significant change in accuracy (shift in the hit pattern center) between stationary shots and shots fired in motion can be seen for all shooters.