论战国时期的狱政思想

战国时期各国的政治家、思想家辈出,其中影响最大的是法家。战国时期的狱政思想主要是法家的法治思想。代表人物有商鞅、韩非等人,主要狱政思想为"事断于法","刑无等级","重刑轻罪"等等。战国时期的监狱制定和实施了残酷无比的赤裸裸的酷法严刑,使法家的刑法思想在监狱管理上得到充分体现。     

Influence of WTO decisions on international intellectual property

Legal context: The task of harmonization in the IP framework is currently atrisk. This conclusion is shown by the way EU Member States have recentlyenacted Directive 2001/29 on the harmonization of certain aspectsof copyright and related rights on the information society.Particularly, no Member State seems to have considered the interpretationof the three-step test of the Berne Convention given in 2000by the WTO panel, notwithstanding its importance. Moreover, three recent opinions of the French Cour de Cassation,the French Conseil Constitutionnel, and the German Federal Courtof Justice appear not to have endorsed the WTO's interpretationof the three-step test. This scenario confirms the impressionthat the international framework is devoid of any degree ofharmonization. Key points: Although the aims of certainty and predictability in the internationaltrading system are among its main tasks, the World Trade Organizationhas not yet tackled the plight of harmonization, preferringa political approach to smooth conflicts and disputes. Yet,the World Trade Organization has recently taken important stepsthat seem to herald a new attitude. In United States—Sections301-310 of the Trade Act of 1974, the World Trade Organizationdismissed the traditional deference towards national legislations.In addition, at international and national levels, the AlleghenyLudlum and Softwood Lumber cases aligned their interpretationsto that of the World Trade Organization.     

治安调解诸概念评析

应该以《治安管理处罚法》的内在一致性、与相关法律的一致性、与现代法治理念的一致性为视角正确理解治安调解的诸概念,并在此基础上对治安调解的条件作适当调整。应该将故意伤害取代打架斗殴的表述,对可治安调解的违法行为种类及民间纠纷的含义作符合当代法治理念的理解,取消情节较轻作为治安调解的必要条件。     

轻伤害公诉案件“和解”“转诉”的探索与规范

刑事和解已经成为检察机关目前广为实践和理论探索的一种适应构建和谐社会需要的司法改革措施,但是由于没有统一的法律规范,在司法实务操作上出现的很多不协调的问题。本文对检察机关在审查起诉阶段如何做好轻伤害公诉案件刑事和解的实践探索的基础上,从其所体现的效果方面对轻伤害公诉案件刑事和解的规范提出了司法操作路径,以促进相关的立法完善及刑事司法改革。     

法律制裁的历史回归

探寻法律制裁的起源并勾勒其演进脉络,不仅可以透视法律制裁的发生机理,而且可以把握法律制裁的发展规律。法律制裁在历史长河中,不仅有线性的流逝,而且有循环的转化;不仅有各种法律制裁方式产生与灭亡的烙印,而且有同种法律制裁方式由轻至重又由重转轻的轨迹。社会文明进步的标志之一就是法律制裁方式由严酷走向轻缓:从摧残生命的酷刑最终转向以补偿和定纷止争为内容的纠纷解决,从而使法律制裁回归历史的起点。     

Simultaneous detection and image capture of biological evidence using a combined 360° camera system with single wavelength laser illumination

Forensic investigators frequently utilise light sources to detect and presumptively identify biological evidence. The instrumentation typically deploys single or multiple wavelength exposures at various intensities, which interact with constituents of biological material, initiating fluorescence or improving contrast between the material and substrate. Documentation using sketches and/or photographic approaches follows detection, which are essential for scene reconstruction. Recent research has demonstrated the simultaneous detection and capture of biological evidence using a 360° camera system combined with an alternate light source exhibiting broad wavelength ranges of light. Single wavelength light sources reportedly offer enhanced sensitivity, due to the increased light intensity and narrower bandwidth of light, although their combined use with a 360° camera system has not yet been explored.Samples of human blood, semen, saliva, and latent fingermarks were deposited on to a variety of substrates. A 360° camera system combined with a laser light source was used to detect and capture the samples. Ten participants were asked to detect the samples on images of the substrates without ground truth knowledge. It was possible to detect and capture biological evidence, although success varied according to substrate colour and light intensity. Advantageously, presumptive screening for biological fluids and the simultaneous location and visualisation of such evidence as part of a 360° panorama of the scene for contextual purposes was permitted. There was no fluorescent response from the fingermarks, although the oblique lighting effects appeared sufficient to aid mark detection in some circumstances. The use of single wavelength illumination clearly facilitates identification of a range of forensically important material. When coupled with a 360-degree camera, this allows for simultaneous identification and recording of such evidence in the context of the whole environment.     

谈自制面光源装置拍摄光滑弧面客体上的指纹

在刑事照相工作中,人们常遇到一些光滑弧面客体(如不锈钢管、水杯)上的指纹,这类指纹在拍照时由于受到客体表面反射光的干扰,易形成光斑或光点,虽然使用了多种光源和不同的打光方法照明,但照片的效果仍不理想。为解决这一难题,笔者进行了有关的探讨,设计了一种简易的面光源装置,获得了良好的效果。     

The use of Polilight in the detection of seminal fluid, saliva, and bloodstains and comparison with conventional chemical-based screening tests

Biological stains can be difficult to detect at crime scenes or on items recovered from crime scenes. The use of a versatile light source may assist in their detection. The ability of Polilight to locate potential semen, saliva, and blood stains on a range of substrates and at different dilutions was tested. We also tested the use of Polilight in comparison with conventional chemical-based presumptive screening tests such as acid phosphatase (AP), Phadebas, and luminol, often used in casework for detecting potential semen, saliva, and blood stains, respectively. The Polilight was able to locate stains that were not apparent to the naked eye. The color of the material on which a stain is deposited can have an effect on the detectibility of the stain. The Polilight was found to be comparable with the AP and Phadebas tests in terms of its sensitivity. In a comparative study between the AP test and Polilight on 40 casework exhibits, one false-negative result was observed when using the Polilight. On a series of mock casework exhibits it was determined that the Polilight can be used successfully to locate saliva stains for DNA analysis. The sensitivity of luminol for detecting potential bloodstains was greater than that of Polilight; however the Polilight has particular application in instances where a bloodstain may have been concealed with paint. Overall, the Polilight is a relatively safe, simple, noninvasive, and nondestructive technique suitable for use in forensic casework.     

对现行人体损伤鉴定标准若干条文的再认识

本文针对目前在人体损伤程度鉴定中存在着对现行的<人体轻伤鉴定标准(试行)>和<人体重伤鉴定标准>部分条文理解、执行不统一,提出关于适用<标准>的鉴定原则、鉴定时限以及部分条文的说明与操作.     

Inter-rater reliability of dynamic risk assessment with sexual offenders

Abstract

This paper describes the inter-rater reliability of the Structured Assessment of Risk and Need (SARN, formerly known as Structured Risk Assessment). The SARN is a structured framework for identifying sexual offenders’ dynamic risk factors. The SARN comprises 16 dynamic risk factors, categorized into four domains: Sexual Interests, Distorted Attitudes, Socio-Affective Functioning and Self-Management. Two studies, utilizing three samples, are reported. Study 1 examined the inter-rater reliability of four SARN cases with a sample of seven expert raters. Results indicated high inter-rater reliability amongst these participants. Study 2 examined the reliability of SARN with two samples who had received training before supplying inter-rater data (N=88). Results provided some support for the reliability of SARN. However, strength of reliability was dependent upon the method of analysis applied (percentage agreement, Cohen's Kappa, intra-class correlation coefficients). These results are discussed in terms of their clinical and methodological implications.