A quantitative assessment of the extent and distribution of textile fibre transfer to persons involved in physical assault

Knowledge of the number of fibres transferred during a particular activity is essential for the interpretation of findings in similar criminal cases. In this regard, violent contacts and physical assaults still present a challenge, due to a lack of robust published data. Hereby, we present the outcome of an empirical study where different assault activities were simulated by a Jiu Jitsu team and participants were asked to play either the role of an aggressive ‘assailant’ or a defensive ‘victim’, wearing cotton garments (i.e., Gi’s). Four different scenarios were simulated in replicates (n = 5), each of them involving different intensity levels (low and high) and duration times (30 and 60 s). Results showed that approximately 1,000 to 44,000 fibres were cross-transferred between the participants’ garments, with noticeable differences between the different scenarios. These values were significantly larger than those published in previous studies and, therefore, suggested the possibility of a current underestimation of the number of fibres transferred in physical assaults. Furthermore, statistical analysis by ANOVA indicated that the all the variables tested (i.e., intensity level, duration time, and participants role) had a significant effect on the number of transferred fibres (p < 0.001) and, consequently, that some knowledge of the case circumstances may be important to make more educated estimations. This is the first time that such a methodology has been applied for the quantitative assessment of fibre transfer between participants in assault activities. Data are expected to help practitioners with the interpretation of findings in real casework and lead to a more robust evidential assessment.     

我国城市老年人居家养老与社区照顾初探

我国人口老龄化发展速度快,老龄化地区差异大,城市老人家庭空巢化、高龄化现象日渐严重,传统家庭养老模式已无法满足城市老年人的养老需求,社区的发展使社区成为城市为老服务的最佳载体。推行居家养老与社区照顾相结合的养老方式是解决我国城市老年人养老问题的最佳选择。     

信赖与信赖利益考

信赖是当事人相信要约或合同而为签订合同所导致的财产减少和与他人订约机会的丧失,信赖利益是对合同或要约赋予了信赖一方当事人所故有的,因信赖可能或已经受到损失的利益,对信赖利益的救济包括期待利益损害赔偿和信赖损害赔偿两种手段,且对信赖利益的损害赔偿不应以期待利益为限。     

论诉讼信托和讨债信托的效力——探讨《信托法》第11条第4项

我国《信托法》第11条第4项规定,专以诉讼或者讨债为目的设立的信托无效。然而,该条文是对日本《信托法》移植的结果,我国并没有禁止诉讼信托和讨债信托的理由。同时,该条文容易被规避且难以被认定,在司法实践中缺乏适用的空间。再者,该条文不仅与我国现行的诸多法律条文和制度产生冲突,而且与我国减少社会不良资产和增强我国公民法律意识、维权意识的目的相违背,故应当删除。事实上,诉讼信托和讨债信托不仅符合信托设立的要求,而且能使债权人、债务人受益,并起到减少讼累等有利效果,因此,应当承认诉讼信托和讨债信托在我国的合法地位。     

信托权的法律性质

在信托关系中,受托人对信托财产所享有的支配权被称为信托权。尽管受托人可以以自己的名义管理和处分信托财产,但是受托人支配信托财产不是为了谋求自身的特定利益,因此受托人对信托财产的支配缺乏权利的本质。受托人对信托财产进行符合信托目的、符合委托人意志或受益人利益的管理或处分,只是在履行其对委托人和受益人所承担的债务。     

Modelling the determinants of electronic tax filing services’ continuance usage intention

The success of electronic filing services largely depends on their continuance usage. This study examines the factors affecting the continuance usage intention of the online tax filing services in Mauritius. An integrated model comprising Trust Theory and Information System Success Model (ISSM) is applied to assess the continuance usage behaviour of e-filing systems. The model has been extended by adding two additional variables: Perceived Usefulness and Perceived Risk. The model was tested using a sample of 315 users of e-filing services in Mauritius. A structural equation modelling technique using partial least square structural equation modelling verified the hypotheses. The results reveal that the continuance usage intention of an electronic tax filing system is influenced by Perceived Usefulness, User Satisfaction, and Service Quality. However, Perceived Risk does not influence the continuance usage intention of e-filing systems since the importance of Perceived Risk diminishes as trust in the e-service provider increases. The theoretical and practical implications derived from the findings of this study are also discussed. This paper makes several contributions to the literature on electronic tax filing systems.     

现行经济犯罪初查制度瓶颈的突破与完善

当前,经济犯罪初查制度面临诸项瓶颈,原因是立案条件过高,初查难以达到证明标准;现有初查手段有限且受限制过多,难以应对经济犯罪初查的复杂形势;初查行为性质法律界定不明,讼争纷纭。故此,应对经济犯罪初查制度进行司法性改良;解构当前的程序顺位,重建经济犯罪初查制度;构建司法审查机制,重构经济犯罪初查的支撑体系。     

近代中国企业组织的演进轨迹与伦理意识的影响

中国近代企业组织的演进明显地受到传统伦理意识的影响,其演进路径被锁 定在家族垄断和官僚垄断相互勾结这条路径上。这种路径锁定状态的出现和儒学经济伦理 的深远影响密不可分。儒学思想对经济组织的影响集中体现在家族的亲亲思想和封建君主 的专制思想这两个方面。在这种思想影响下,利益的流向和集结是朝向家族和政府。     

‘Working’ the international child protection case: a snapshot of local authorities’ experiences within an evolving legal context

Child protection proceedings often concern children with international connections. In recent years, the courts of England and Wales have handed down a number of significant judgments examining the application of international legal instruments (in particular Brussels IIa) to care proceedings. This article considers the impact of court judgments on the practical ‘working’ by Local Authorities of international child protection cases. A case study was conducted, oriented by socio-legal theory, consisting of a small number of qualitative interviews with Local Authority lawyers and social workers. The article concludes that some judgments have acted as a catalyst to change working practices for Local Authorities. However, international child protection cases present a variety of challenges for Local Authorities, and judgments provide an imperfect site for the provision of procedural and substantive guidance in this complex area. Further, there was often a tension between the need to conscientiously adhere to such guidance, and the welfare needs of the children with whom the Local Authority was concerned.