Skeletal evidence of the ethnic cleansing actions in the Free City of Danzig (1939-1942) based on the KL Stutthof victims analysis

In the early days of World War II, many of the prominent and influential people of Polish nationality from the Free City of Danzig were arrested by the Germans and sent to the nearby concentration camp KL Stutthof. Nearly a hundred of them died within the next seven months upon their arrival, and were buried in a clandestine mass grave in a nearby forest. However, the exact nature of their death is unknown, as it is unclear what the attitude of the aggressors was toward the victims. We do not know whether there was only one executioner or there were several assassins, nor if the killing methodology was consistent with the other state-regulated executions.The studied material represents the commingled remains of a minimum thirty-four people, possibly all male, aged from under eighteen to over sixty at the time of death. Perimortem traumatic lesions are shown mainly on the skull bones. We asked whether the perimortem trauma lesions visible on the victims’ skeletons could be informative on the cause and manner of their death.Our results show the prevalence of the perimortem trauma inflicted by a blunt object are on the parietal bones above the Hat Brim Line (HBL), which is commonly associated with a violent attack. The gunshot trauma was usually localized on the occipital bone or posterior parietal, which could indicate a shot to the back of the head, and this was commonly encountered during executions. No signs of defensive injuries can be explained either by restraining of the hands or by a surprise attack. The abundance and variability of the trauma type can be evident of multiple assailants. Moreover, the multiple impact points detected on several crania prove unnecessary overkill and brutality, which reflects the personal attitudes of the executioners towards the victims.     

拨开法律解释学的迷雾——对法律解释质疑的回应

众所周知,成文法具有开放性,时滞性,以及存在着不可避免的嗣滑。解决这一缺陷的方式就是运用法律解释．这也正是法律解释学得以快速发展的原因．但就在这门学科与实践的结合逐渐呈密集翌之际．不少学者也对该门学科提出了种种的质疑．如反对解释问题、“辈分”问题、元规则问题、客观性问题等。文章对这几种典型的质疑给予了回应．以此希望能拨开法律解释学的迷雾、能对法律解释学更好地被认识与发展提供些许帮助。     

拨开我国刑法解释范式的迷雾——以刑法解释目标为向度

刑法解释无疑是构建现代法治的重要题域。但现行刑法解释体制的架构与实际运作因欠缺科学性而亟待重构。刑法解释目标作为探寻适用于刑法解释的最小公分母而对刑法解释权的配置具有"元意义"。以科学的客观解释论为基底,同时兼顾现有体制,主张由最高人民法院独享原本的司法解释权,全国人大常委会保有消极的立法解释权,即只能裁决由最高人民检察院提请的对最高人民法院的司法解释的异议,另外赋予办案法官一定的刑法解释权。     

Explosion Scene Forensic Image Interpretation

Image interpretation is an important aspect in the field of forensic science; however, it is seldom reported how to use these techniques in explosion scene forensic investigations. On 12 August 2015, a series of explosions killed 165 people and injured hundreds more at a container storage station at the Port of Tianjin. In this study, we applied image interpretation methods to determine the seat of the explosion by analyzing low‐quality video clips of the event. The interpretation fits well with recently published standard operating procedures, including the hypothesis, evaluation, inference, and confirmation. Image processing was adopted to enhance the images while the explosion scene was reconstructed with the same images. Some important features were extracted and utilized to distinguish whether the flashes were caused by reflection or a real blast. We reveal the real explosion location, which guides the overall investigation. The results indicate that image interpretation is a powerful tool for forensic investigators to analyze low‐quality images in complicated explosions or fire accidents.     

Inferring the Number of Contributors to Complex DNA Mixtures Using Three Methods: Exploring the Limits of Low‐Template DNA Interpretation

In forensic DNA casework, the interpretation of an evidentiary profile may be dependent upon the assumption on the number of individuals from whom the evidence arose. Three methods of inferring the number of contributors—NOCIt, maximum likelihood estimator, and maximum allele count, were evaluated using 100 test samples consisting of one to five contributors and 0.5–0.016 ng template DNA amplified with Identifiler^® Plus and PowerPlex^® 16 HS. Results indicate that NOCIt was the most accurate method of the three, requiring 0.07 ng template DNA from any one contributor to consistently estimate the true number of contributors. Additionally, NOCIt returned repeatable results for 91% of samples analyzed in quintuplicate, while 50 single‐source standards proved sufficient to calibrate the software. The data indicate that computational methods that employ a quantitative, probabilistic approach provide improved accuracy and additional pertinent information such as the uncertainty associated with the inferred number of contributors.     

原旨主义、活的宪法与复杂状态下的宪法解释?

宪法解释应该遵循原初意义还是回应时代需要,是原旨主义和“活的宪法”之争的焦点所在。在对宪法裁判进行批判与维护的过程中,原意解释方法和非原意解释方法都开始走向基础主义。两种解释方法执着于单一的理念,既无法证明自己比对方更为优秀,也未能对解释实践进行全面的描述。宪法解释是一个相当复杂、语境多元的过程,在不同复杂状况下,法官拥有不同程度的解释裁量权。有鉴于此,任何将宪法解释化约为单一解释哲学的做法,都是不恰当的。     

论行政法解释两种形态的差异、成因与效力

行政法的适用解释存在着行政机关的解释和司法机关的解释两种形态 ,但是由于行政官与法官在法律思维上所存在的差异和工作环境的差别 ,使他们对法律的解释会形成不同的特点 ,而这些特点也同时决定了两种解释形态的不同的法律效力。     

论WTO规则的法律解释方法--兼谈国际条约法的解释理论在WTO争端解决机制中的运用

《维也纳条约法公约》第 3 1条和第 3 2条不仅规定了条约解释的规则 ,而且也规定了具体的条约解释方法。本文依据其规定 ,结合WTO一些有代表性的案件 ,对专家组和上诉机构在争端解决程序中采用的主要解释方法 ,即文法解释方法、系统解释方法、目的解释方法、历史解释方法以及四种解释方法的使用顺序作一梳理 ,以求达到引玉之效。     

Rethinking Conflict: Perspectives from the Insight Approach

In this article, the authors present the “insight approach” to conflict as an analytical and methodological framework that addresses the dynamic interactions between conflicting parties. According to the insight approach, conflict is relational, dynamic, and adaptive, generated from the responsive interpretive frameworks that parties use to construct meaning. Conflict arises as a result of parties' experience of what insight theorists call “threat‐to‐cares,” which generates defend–attack patterns of interaction between them. The authors suggest that rethinking the nature of conflict so that it is seen as an interaction embedded in meaning making enables conflict interveners to help parties gain insight into, and articulate, the values that are being generated, advanced, threatened, and realigned within the complex interactions that define us as social beings. In doing so, parties develop abilities to generate new patterns and solutions that can limit and even eliminate the experiences of threat that generate conflict between them.     

Validating TrueAllele® DNA mixture interpretation

Abstract: DNA mixtures with two or more contributors are a prevalent form of biological evidence. Mixture interpretation is complicated by the possibility of different genotype combinations that can explain the short tandem repeat (STR) data. Current human review simplifies this interpretation by applying thresholds to qualitatively treat STR data peaks as all‐or‐none events and assigning allele pairs equal likelihood. Computer review, however, can work instead with all the quantitative data to preserve more identification information. The present study examined the extent to which quantitative computer interpretation could elicit more identification information than human review from the same adjudicated two‐person mixture data. The base 10 logarithm of a DNA match statistic is a standard information measure that permits such a comparison. On eight mixtures having two unknown contributors, we found that quantitative computer interpretation gave an average information increase of 6.24 log units (min = 2.32, max = 10.49) over qualitative human review. On eight other mixtures with a known victim reference and one unknown contributor, quantitative interpretation averaged a 4.67 log factor increase (min = 1.00, max = 11.31) over qualitative review. This study provides a general treatment of DNA interpretation methods (including mixtures) that encompasses both quantitative and qualitative review. Validation methods are introduced that can assess the efficacy and reproducibility of any DNA interpretation method. An in‐depth case example highlights 10 reasons (at 10 different loci) why quantitative probability modeling preserves more identification information than qualitative threshold methods. The results validate TrueAllele^® DNA mixture interpretation and establish a significant information improvement over human review.