关于刑事司法错误的理论动向：背景、现状及意旨

司法错误是反衬转型中国司法运行状态的重要指标之一。在司法转型的宏观背景下，随着理论界对西方法治国家的程序制度经验，尤其是国际刑事司法准则的引介，程序性违法及救济逐渐受到普遍关注，刑事程序法学界开始以程序正义为理论基石、以程序制度的完善为研究契机，较为广泛地探讨程序性司法错误的防控，但晚近关于司法错误的研究动向却表现出感性、凌杂以及西方中心主义等现状困境。鉴于此，未来的理论走向不仅应张扬刑事司法错误在透视实践、变革制度、深化理论等方面的研讨意义，同时反思进路应更为实证、系统与本土。     

A sudden death with lung embolism after inadvertent infusion of zinc oxide shake lotion

A 74-year old woman in postoperative treatment after a colonic surgery died immediately after perfusion of about 1.5 mL of a white emulsion which was believed to contain 1% propofol via cardiac catheter into the right atrium. It was strongly suspected that a syringe with a zinc oxide shake lotion (consisting of 20% ZnO, 20% talc, 25% glycerol and 35% water) which was intended for external treatment had been mistaken for the propofol syringe. During autopsy, an anatomic cause of death could not be found. In order to exclude an intoxication and to determine the significance of the perfusion fluid in this context, toxicological and histological investigations were performed. Propofol and other drugs applied to the patient were found in therapeutic or sub-therapeutic range. However, in comparison to a control case, the zinc concentrations determined by AAS were about 200 times higher in lung tissue, 10 times higher in heart blood and 3–4 times higher in kidney and liver tissue. No increase was seen in venous blood. Histology showed a strong embolism of the lung tissue with birefingent sharp-edged crystals, which were identified as the talcum, and an amorphous component (ZnO). The same embolism was seen to a medium extent also in the brain sections and to a low extent in heart, liver, pancreas and kidney. Pulmonary embolism by talcum and zinc oxide was established as the cause of death which occurred by syringe swap due to insufficient security precautions in the drug administration. The results are discussed in context of pulmonary microembolism cases frequently described for drug addicts after injection of crashed talcum containing tablets.     

Simultaneous detection of ABO and Secretor-nonsecretor blood groups from forensic biological samples by fragment analysis

This paper describes the simultaneous detection of ABO and Secretor-nonsecretor (SE) blood groups from forensic biological samples by fragment analysis using the ABI PRISM^® 3130 genetic analyzer. The method allows the assay of well-known base changes at three nucleotide positions 261, 796 and 803 on cDNA of the ABO gene, and at 385 and 428 on cDNA of SE gene and a SE pseudo gene, so that reliable group prediction is established by the presence of representative alleles. As a result, simultaneous detection of ABO and SE blood groupings from biological samples was correctly determined by our methods.     

非政府组织工作人员受贿问题研究

现代社会的发展和公共行政改革的深入,赋予了非政府组织在国家和社会事务管理活动中的重要地位,其工作人员利用职务之便,实施的收受财物为他人谋取利益的行为,具备受贿的性质。由于现行法律规制的缺漏,导致了理论和实践上的困惑。考察并借鉴国外有关受贿犯罪立法规定的合理之处,结合我国刑事司法实际的需要,建议增设以非政府组织工作人员为规制对象的受贿罪名,进一步完善受贿犯罪立法。     

医疗差错认定与Res Ipsa Loquitur

ＲｅｓＩｐｓａＬｏｑｕｉｔｕｒ是拉丁文的法律专业术语 ,在英美法系多用于处理民事纠纷已经有一百多年历史 ,在医疗差错的认定上常被应用。我国司法与医疗卫生工作者对医疗差错的认定多有争议 ,分析了解英美法系对ＲｅｓＩｐｓａＬｏｑｕｉｔｕｒ应用的历史、案例和有关学说 ,与我国的现行法律制度进行比较 ,相信会有所帮助。一、医疗差错与中国的相关法律近年来因医疗纠纷到法院起诉的损害赔偿案件越来越多[1] ,因而法庭将面对如何质证被告是否侵害原告身体并造成伤害 ,已经确认被告的行为是否有过错 ,是否与损害后果之间具有因果关系 ,…     

论客观性证据审查应用模式

构建客观性证据审查应用模式,在证明事实的刑事司法证明活动中,以客观性证据为审查重心,凭借其可靠的稳定性和关联性的证据特性,确证案件基础事实,并优先运用客观性证据进而引导全案证据审查判断形成梯次递进的结构性事实的证明体系,通过逐次验证各项犯罪事实要素来确证整个犯罪事实。客观性证据审查应用模式避免了以口供为主导的审查模式缺陷,具有发现证据上的矛盾和事实疑点的能力,在防止错案发生上有滤错功能。在司法实践中,应建立起保证模式发挥作用的机制和办法,确立适用规则,从制度上落实疑罪从无的司法原则。     

Extended PCR conditions to reduce drop-out frequencies in low template STR typing including unequal mixtures

Forensic laboratories employ various approaches to obtain short tandem repeat (STR) profiles from minimal traces (<100 pg DNA input). Most approaches aim to sensitize DNA profiling by increasing the amplification level by a higher cycle number or enlarging the amount of PCR products analyzed during capillary electrophoresis. These methods have limitations when unequal mixtures are genotyped, since the major component will be over-amplified or over-loaded. This study explores an alternative strategy for improved detection of the minor components in low template (LT) DNA typing that may be better suited for the detection of the minor component in mixtures. The strategy increases the PCR amplification efficiency by extending the primer annealing time several folds. When the AmpF?STR^® Identifiler^® amplification parameters are changed to an annealing time of 20 min during all 28 cycles, the drop-out frequency is reduced for both pristine DNA and single or multiple donor mock case work samples. In addition, increased peak heights and slightly more drop-ins are observed while the heterozygous peak balance remains similar as with the conventional Identifiler protocol. By this extended protocol, full DNA profiles were obtained from only 12 sperm heads (which corresponds to 36 pg of DNA) that were collected by laser micro dissection. Notwithstanding the improved detection, allele drop-outs do persist, albeit in lower frequencies. Thus a LT interpretation strategy such as deducing consensus profiles from multiple independent amplifications is appropriate. The use of extended PCR conditions represents a general approach to improve detection of unequal mixtures as shown using four commercially available kits (AmpF?STR^® Identifiler, SEfiler Plus, NGM and Yfiler). The extended PCR protocol seems to amplify more of the molecules in LT samples during PCR, which results in a lower drop-out frequency.     

Examining Interobserver Reliability of Metric and Morphoscopic Characteristics of the Mandible

Mandibular metric and morphological characteristics have long been used for sex and ancestry estimation. Currently, there are no large‐scale studies examining interobserver agreement, particularly examining the role of observer experience. This study examines the interobserver agreement of six morphoscopic and eleven metric mandibular variables. Four observers with varied levels of experience scored 183 mandibles from the William M. Bass Donated Skeletal Collection. Absolute agreement and consistency were evaluated with the intraclass correlation coefficient (ICC). Additionally, technical error of measurement (TEM) and relative TEM (%TEM) were calculated for each metric variable. All analyses were conducted twice—once with all observers and again with only experienced observers. Results show mean morphoscopic agreement of 0.543 among all observers and 0.615 for experienced observers, and mean metric agreement of 0.886 among all observers and 0.911 for experienced observers. Further, no TEM exceeded 2 mm. All results were significant (p < 0.001).     

Analysis of Three Commonly Used Tibia Length Measurement Techniques

This study analyzes three tibia length measurement techniques on a sample of 107 tibiae. Two of the techniques meet published criteria by resting the tibia on its posterior surface with the longitudinal axis parallel to an osteometric board. The third technique does not adequately keep the longitudinal axis parallel to the board. Statistical analyses show low levels of interobserver error for all techniques and statistically significant differences between the third technique and the other two techniques. Results report a maximum difference of 6 mm between measurement techniques with the third technique having greater than 95% directional bias. A survey sent out to the American Academy of Forensic Sciences forensic anthropology community reported more than 50% of respondents having been taught the third technique when an osteometric board with a slot/hole is not available. The intermixing of the third technique with the other two has likely contributed to higher levels of interobserver error in tibia length measurements.