Implementation and Optimization of the Sodium‐Rhodizonate Method for Chemographic Shooting Distance Estimation

In shooting incident investigations where it is important to estimate the shooting distance, the sodium‐rhodizonate coloring method has been used for the visualization of GSR patterns extensively. This publication describes the optimization of this method by the use of a heated press for the transfer of GSR traces on garments, as well as variation of a number of other important process parameters. Our final aim for this project was to prepare a formal validation of the coloring method as prerequisite for its inclusion into the scope of ISO17025‐certified methods in the GSR Laboratory. A number of important factors and process parameters were identified, such as buffer composition and pH, type of textile used as a substrate and resolution of the documentation of the results. Results were tested using a synthetic proficiency test. Our optimized method has been found to be a very effective technique for visualization of macroscopic GSR traces.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

Eye Movement Characteristics of Cooperation Degree during Image Completion Test in Psychiatric Impairment AssessmentCSCD

Objective: To explore the difference of eye movement characteristics between uncooperative and cooperative subjects with mental disorder after cerebral trauma. Methods: Thirty-nine subjects which needed psychiatric impairment assessment were selected. According to the binomial forced-choice digit memory test (BFDMT), all subjects were divided into cooperative and uncooperative groups. The subjects were asked to take the image completion test from Wechsler adult intelligence scale. Meanwhile, the data of eye movement track, fixation, saccade, pupil and blink were recorded by the track system of eye movement. Results: There were significantly differences (P<0.05) in the data of saccade between cooperative (10 cases) and uncooperative groups (29 cases). The frequency, time, amplitude, acceleration of saccadic in uncooperative group were significantly higher than cooperation group. The saccade latencies of cooperation group increased more than uncooperative group. There was a significant difference (P<0.05) in total discrete distance, average distance and total time of fixation between two groups, while the average duration time, number and frequency of fixation had no significantly difference (P>0.05) between two groups. And the blink frequency of cooperation group was higher than uncooperative group. Conclusion: Eye movement can be an objective index for the primary judgment of cooperation level. © 2017 by the Editorial Department of Journal of Forensic Medicine.     

Predictors of Initial Court Agreement and 1‐Year Relitigation in Title IV‐D Contested Paternity Cases

We examined potential predictors of initial court agreement and 1‐year relitigation in a sample of contested paternity cases involving unmarried parents coming to court to establish paternity, child support, and other issues. Cases participated in an RCT of a parent program and of a waiting period between establishment of paternity and court hearing. We controlled for RCT study factors and used baseline assessment data to predict likelihood of reaching full agreement in the initial court hearing and relitigation in the following year. Findings suggest that cases in which parents get along better outside of court are more likely to reach agreement and less likely to return to court. Additionally, particular parent demographics predict lower likelihood of reaching initial agreement (e.g., parents are non‐White, father earns below $10,000 yearly), more relitigation (e.g., parents are non‐White, mother earns above $10,000 yearly, father has children with others), and less relitigation (e.g., father earns above $10,000 yearly). Child demographics and most parent relationship characteristics did not predict outcomes. We discuss findings and offer suggestions for court interventions.     

美国证券法域外管辖的最新发展及其启示

2010年,美国联邦最高法院在Morrison案中颠覆了由第二巡回法院创立的域外适用证券法的传统,转而采用"交易标准"。此后不久,国会在《华尔街改革和消费者保护法》中又重新引入了"效果标准"和"行为标准",期望以此强化对境内投资者和资本市场的保护。为建立国际金融中心,中国应汲取美国的经验和教训,有限度地推行本国证券法的域外管辖,特别是应模糊证券法的域外管辖问题,将自主权赋予法院。同时,法院应充分考虑和尊重证监会的相关决定。     

国产磁珠Wawasye试剂盒在法医DNA中应用

目的探讨国产磁珠Wawasye试剂盒在法医DNA检案中的应用效果。方法利用475份各类常见生物检材测试其效果,并与M48磁珠试剂盒作比较。结果国产磁珠Wawasye试剂盒与M48磁珠试剂盒在检验各类常见生物检材的结果无显著性差异。结论国产磁珠Wawasye试剂盒适用于公安机关DNA实验室。     

毕节试验区劳务经济研究

毕节试验区成立以来,中央统战部暨各民主党派团结合作共谋发展,以探索科学发展理念路径和实践为使命,把单纯为解决人口压力和吃饭问题的劳务输出转变为发展参与要素收益分配的劳务经济,取得了显著成效.通过对毕节试验区发展劳务经济的实践经验进行理论梳理和总结,为进一步发展劳务经济、推进城镇化建设、不断探索"毕节模式"推动试验区新一...     

应用型本科院校新生心理健康状况的调查与分析——以黑龙江工程学院2010级新生为例

通过采用大学生人格健康问卷(UPI)对黑龙江工程学院2010级2475名入学新生进行心理测试,从入学新生总体和男女生个体两个维度进行分析.结果表明:黑龙江工程学院入学新生的心理健康状况与国内其他类型大学UPI筛查率差异不大,但也有15.2%的学生可能存在一定心理问题或障碍.数据结果显示:被试男女生心理健康水平具有显著差...     

论我国犯罪心理测试法律规范的构建

近年来,犯罪心理测试技术越来越多地应用于我国的案件侦查和司法调查,但其法律地位不明确。实践中缺乏统一、标准化的操作规范,对犯罪心理测试结论的审查、采用规则,阻碍了犯罪心理测试技术的良好运用。应以犯罪心理测试的技术要求为基点,以其他证据的法律要求规范为参考,构建犯罪心理测试运用的程序规范和测试结论运用规则。其程序规范为：对犯罪心理测试的有限使用;测试的适用主体限制;权利告知制度;测试的不受干扰原则。     

DETECHIP®: A Sensor for Drugs of Abuse*

Abstract: The design and preliminary characterization of a novel sensor for drugs of abuse, DETECHIP^®, is described in this proof‐of‐concept note. Combining both colorimetric and fluorimetric assays, DETECHIP^® is suitable for lab and field use. More than a conventional spot test which provides a single “yes or no” answer, DETECHIP^® provides twenty responses for a more complete characterization of suspect material. This is accomplished by visually noting colorimetric and fluorescent changes of carefully selected dyes upon the addition of test analytes, including drugs of abuse, with respect to controls. Color and fluorescence changes are recorded numerically so that a 20 digit identification code can be constructed for comparison of test analytes and known compounds. DETECHIP^® is applicable to a variety of drugs, both plant‐derived and synthetic, addressing the need to use several different spot tests simultaneously for a single sample.