德国法中痛苦抚慰金的惩罚性辨析——兼评我国《侵权责任法》第22条

当许多人还在笃信传统的公私法划分,而拒绝承认损害赔偿责任之惩罚性的时候,德国的司法实践却已经悄然偏离了这一信仰。文章以联邦最高法院的一系列判决为例,证明德国在人格权损害赔偿案件中已经引进了惩罚性,进而厘清作为惩罚性赔偿主要指标的侵害方因素。从这个角度出发,对我国的精神损害赔偿制度的惩罚性进行了比较研究,阐明了侵害人格权的精神损害赔偿具有惩罚性功能的必然性。     

麻醉所致神经损伤的确定及损伤机制探讨

硬膜外麻醉后出现神经损伤常常引发医疗纠纷而形成诉讼．在对麻醉后神经损伤病例的鉴定档案资料进行回顾性研究,着重分析神经电生理检查对神经损伤的法医学客观检查与结果判定的作用,结合文献,对麻醉后神经损伤的形成机制进行了探讨,以促进对此类神经损伤法医学鉴定的规范检查、认定及理论探讨。     

早产和胎盘早剥的损伤程度鉴定（附1例分析）

本文从1例孕妇的损伤程度鉴定着手,对《人体重伤鉴定标准》的第78奈、第45条、第92务等条款的应用进行研究,结合案情对现行标准应用误区进行分析,提出症结所在,为了保证鉴定结论的质量,对《人体重伤鉴定标准》进行完善和修改势在必行。     

关于航空事故赔偿权利人的几个问题

人们通常认为航空事故赔偿权利人仅指旅客。事实上,航空事故发生后,赔偿权利人除旅客外,还有机上其他人员、地面第三人以及受害人的近亲属等。航空事故人身损害赔偿权利人的身份,在航空运输实践中有时很难界定。有些人貌似赔偿权利人,实际上无权向承运人主张赔偿,应注意甄别。对于不同的赔偿权利人,应视其与承运人的法律关系分别适用相应的法律进行理赔。     

A multidisciplinary investigation of chronic animal abuse: Collaboration between veterinary forensics and forensic anthropology

An unknown juvenile female mixed breed dog was found non‐ambulatory on a dead‐end street in an urban setting adjacent to a public park. During initial veterinary examination, she was assessed to have untreatable injuries and was humanely euthanized. The forensic veterinarian requested consultation from a forensic anthropologist to assist with documenting antemortem skeletal trauma. Analyses of skeletal tissues indicated numerous injuries in various stages of healing diagnostic of non‐accidental injuries. Veterinary forensic cases may benefit from collaborative analysis of bony remains by forensic anthropologists.     

Commotio cordis: A case report of a fatal blow

Commotio cordis secondary to a blunt blow to the chest wall can result in ventricular fibrillation and sudden death in children. While it is commonly reported in adolescents during sporting activities, it may result from non-accidental trauma especially in infants and younger children. We report a case of a 6-month-old baby boy who presented to the emergency department in cardiac arrest. The patient's hospital records, postmortem imaging, and the autopsy results were reviewed. External examination of the infant did not reveal any evidence of trauma. Postmortem imaging revealed multiple healing posterior rib fractures and a metaphyseal corner fracture, both considered fractures highly specific for physical abuse. The autopsy revealed a structurally normal heart with no microscopic abnormalities. The infant's father confessed to hitting the child on the chest after which the child became unresponsive. Given the constellation of postmortem imaging and autopsy findings in addition to the father's confession, the child's death was ruled as a homicide secondary to commotio cordis. Since there are no structural and microscopic abnormalities in the heart autopsy in cases of commotio cordis, timely on-scene investigation and a thorough investigation regarding the mechanism of injury are required to make this diagnosis. Early identification of non-accidental trauma is crucial and can prevent further abuse in other siblings.     

Traumatic brain injury,temperament, and violence in incarcerated youth: a mediation analysis based on Delisi and Vaughn’s theory of temperament and antisocial behavior

Traumatic brain injury (TBI) is associated with violent behavior. A possible key mechanism to explain the relationship between TBI and violence is DeLisi and Vaughn’s temperament-based theory of antisocial behavior. Accordingly, the current study investigates whether temperament – the combination of effortful control and negative emotionality – mediates the relationship between TBI and violent behavior within incarcerated youth. A non-probability sample of youth (N?=?227) incarcerated in two long-term residential facilities completed a comprehensive assessment tool that collected data on TBI, temperament, childhood trauma, substance use, mental illness, and a variety of demographic characteristics. Preliminary results showed TBI significantly increased violent behavior, adjusting for confounds. Then, mediation analysis found that temperament accounted for 54% of the total effect between TBI and violence. The study findings show the potency of DeLisi and Vaughn’s temperamental construct in explaining the relationship between TBI and violent behavior within a sample of incarcerated youth. The dynamic interplay between effortful control and negative emotionality appears to be an important mechanism related to violent behavior. Both temperament constructs should be the focus of future assessment and intervention among incarcerated youth with TBI.     

肩袖损伤法医学鉴定研究进展

肩袖损伤是一种临床常见的肩关节病,成因复杂且症状有时不甚明显,缺乏特征性表现,容易被漏诊及误诊。在法医学鉴定中,时常遇到肩袖损伤的案例,判定该类案例是创伤所致、自身疾病抑或属于伤病共同作用导致是目前摆在法医鉴定人面前的难点问题。但因找不到客观的鉴别指标,容易使鉴定工作进入盲区,也时常引起当事人对鉴定意见的质疑,甚至长期的上访缠诉,引发社会的不稳定。基于此,从肩袖解剖结构、损伤机制、临床表现、鉴别诊断及法医学鉴定等方面展开论述,有助于为此类案件的鉴定提供参考。     

Alcohol intoxication may exacerbate the effects of blunt cranial trauma through changes in brain free magnesium levels

Moderate to high levels of alcohol decrease brain intracellular free magnesium concentration, a factor known to be critical in brain injury. Phosphorus magnetic resonance spectroscopy was used to examine changes to brain free magnesium concentration after blunt cranial trauma in alcohol-intoxicated rats. Rats exposed acutely or chronically to alcohol sufficient to increase blood alcohol levels to between 150 and 350 mg/dL demonstrated a brain free magnesium level that was 20-50% less than in nonintoxicated animals (p < 0.01). After injury, brain free magnesium levels declined more rapidly and to a greater extent in alcohol-affected animals than in nonintoxicated control animals (p < 0.001). As both preinjury depletion of magnesium and degree of magnesium decline after brain injury have been associated with poor recovery, these findings suggest that moderate to severe alcohol intoxication may predispose the brain to a worse outcome by reducing brain free magnesium levels, both before and after injury.     

Patterns of breaks in umbilical cords by different mechanisms*

Investigations of perinatal deaths often result in discrepancies between autopsy findings and witness accounts. The mechanism by which the umbilical cord is severed after delivery is a common quandary. Confirming or refuting the mother's stated method frequently has significant investigative importance; however, a surprising paucity of data currently exists to allow an objective opinion about the likely mechanism. Ninety-nine placentas with umbilical cords were examined. By random selection, each cord was severed by one of the following tools or mechanisms: knives, scissors, traction, or crush. Each break was examined and photographed, and a tissue section from the broken end examined microscopically. Differentiation of mechanism was best done grossly based on specific pattern recognition. Umbilical cords severed by blunt force have distinctly different morphology from those severed by sharp force. Even similar-appearing sharp force transections frequently have mechanism-specific distinctive patterns of injury.