我国刑事起诉制度的反思和重构——从自诉制度的改革看起诉制度的重构

我国刑事起诉制度一直采用“公诉为主，自诉为辅”的模式，这种模式一直被学界和司法部门所肯定，尤其是自诉制度存在积极价值。然而随着社会的发展，两种起诉方式并存模式的合理性，学界司法部门应该进行深刻的反思和检讨。通过分析自诉制度的弊端，笔者认为应当废除自诉制度，将自诉制度的优点纳入到公诉程序之中，实行公诉垄断主义的追诉模式，从而更加有力的打击和惩罚犯罪。     

香港民事诉讼制度改革之回顾与前瞻

香港的民事司法改革历时十年,彰显了民事司法理念的深度变迁,对民事司法制度的发展具有里程碑意义。新规则自2009年4月2日正式施行以来进展大致顺利,在克服诉讼拖延、促进和解、发展调解等方面取得了一定的成效,但改革终究不是一蹴而就的纸面化改造。在新制度与旧观念相互碰撞又各自发挥作用的时期,如欲推翻法律职业者乃至普通民众的思维定势,变革深埋于制度底层的文化样态,其中的困难同样是显而易见的。     

破产企业单位社区再造的治理路径研究——以成都市L社区为例

社会基层治理是国家治理的微观基础,城市社区是社会的基本单元.我国城市单位社区是城市社区的重要组成部分,因地制宜探索城市单位社区治理模式有利于完善城市社区建设、健全社会治理体制、提升国家治理能力.成都市L社区为破产企业单位社区,其治理以党建引领为核心,以共建共治共享为导向,以社区再造为路径,形成了"党委领导、政府负责、社...     

Metrological framework for selecting morphological characters to identify species and estimate developmental maturity of forensically significant insect specimens

Accurate age estimates of immature necrophagous insects associated with a human or animal body can provide evidence of how long the body has been dead. These estimates are based on species-specific details of the insects’ aging processes, and therefore require accurate species identification and developmental stage estimation. Many professionals who produce or use identified organisms as forensic evidence have little training in taxonomy or metrology, and appreciate the availability of formalized principles and standards for biological identification. Taxonomic identifications are usually most readily and economically made using categorical and qualitative morphological characters, but it may be necessary to use less convenient and potentially more ambiguous characters that are continuous and quantitative if two candidate species are closely related, or if identifying developmental stages within a species. Characters should be selected by criteria such as taxonomic specificity and metrological repeatability and relative error. We propose such a hierarchical framework, critique various measurements of immature insects, and suggest some standard approaches to determine the reliability of organismal identifications and measurements in estimating postmortem intervals. Relevant criteria for good characters include high repeatability (including low scope for ambiguity or parallax effects), pronounced discreteness, and small relative error in measurements. These same principles apply to individuation of unique objects in general.

Key points

• Metrological rigour can increase in forensic entomology by selecting measurements based on their metrological qualities.
• Selection of high-quality features for morphological identification of organisms should consider these criteria: (1) pronounced discreteness of features (minimising group overlap or maximizing interval); (2) high repeatability of assessment (such as symmetrical width rather than asymmetrical length); (3) small relative error in measurement (selecting the physically largest continuous rigid feature for measurement).
• These metrological principles also apply to individuation of unique objects in general.

     

Cloud point extraction coupled with back extraction: a green methodology in analytical chemistry

Recently, cloud point extraction (CPE) coupled with back extraction (BE) has been suggested as a promising alternative to liquid-liquid extraction. In CPE, non-ionic surfactants in aqueous solutions form micelles and the solution becomes turbid when heated to the cloud point temperature. Microwave- or ultrasonic-assisted BE can be performed after CPE and before injection of the sample for instrumental analysis by ultraviolet-visible spectroscopy, high-performance liquid chromatography, gas chromatography, gas chromatography-mass spectrometry, or liquid chromatography-mass spectrometry. This article reviews selected published scientific research on the application of CPE-BE to the determination of alkaloids, drugs and organophosphorus compounds from several complex matrices. This method could be scaled-up for use in forensic science.     

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.

     

薄层螺旋CT扫描在肋骨骨折法医学鉴定中的应用分析

目的 明确薄层螺旋CT扫描及其图像后处理功能对肋骨骨折的诊断价值.方法 取2018年在本鉴定所进行肋骨骨折摄片复查的被鉴定人为研究对象,年龄为41～80岁,共计125例,所有对象均在本鉴定所进行薄层螺旋CT扫描,根据现场CT影像学检查进行图像后处理并作出诊断,采用卡方检验对相关数据进行分析.结果 本所复查的案例中,64...     

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.     

Forensic toxicological study on adipocere formation in submerged cadavers of female albino rats intoxicated with cadmium

There is a dearth of information on the mutual interaction between metal intoxication and adipocere formation. Herein, 40 adult female albino rats were distributed into two equal groups, one used as control while the other orally administered single dose of cadmium chloride (CdCl₂) 225 mg/kg·bw (LD_min). Control group was killed by cervical dislocation. Half of dead rats of both groups were subjected for determination of iodine value and estimation of cadmium (Cd) residues while the other half of both groups were submerged in opened glass container previously filled with 4 L dechlorinated tap water kept in closed room with an open air access (one cadaver/container). Gross morphological changes of submerged cadavers were recorded weekly along the experiment. At the end of the experiment, after 3 months, samples were collected again for iodine value determination and estimation of Cd residues. The obtained results revealed the depressant effect of Cd toxicity on development of adipocere. Cd residues were found in different tissues of cadavers at time of death with the highest amount in the intestines followed by the liver and kidneys, then lungs, adipose tissue, muscles, and finally the bones. After 3 months of water submersion, tissues exhibited significant decrease in the amount of Cd residues but to a limit that was still detected. This study concluded the possibility of detection of Cd residues even after adipocere formation. Additionally, it shed light on the possibility of the interference of environmental pollution with the natural rate of decomposition especially adipocere formation.     

基于38-plex InDels的青海地区三个族群遗传推断

目的 基于38-plex InDels族群推断体系研究青海地区汉族、回族及撒拉族的族群成分与遗传结构.方法 使用38-plex InDels复合扩增体系检测3个族群的220份样本并获取InDels位点分型,利用主成分分析、STRUCTURE聚类分析及系统发育树综合分析族群之间的遗传关系,使用族群推断软件DAA v1.0...