论公安行政自由裁量权及其法律控制

公安行政自由裁量权是行政权力的重要组成部分，也是行政权力中最显著、最独特的一部分，它是公安行政主体提高行政效率之必需的权力，也是公安行政主体在管理社会公共事务中必须解决的一个实际问题。探讨如何适当地、合理地运用公安行政自由裁量权具有重要的现实意义。     

Motives in a Triple Spree Homicide

Juries, criminologists, prosecutors, law enforcement officials, and the lay public like to know the motive for a murder—especially when there are unusual features such as multiple victims, extensive injuries, or unexplainable acts to the bodies. However, many times the motive is not readily available from the murderer because he does not confess or he does not consciously know why he killed. The following case describes the analysis of multiple motives in a triple spree homicide committed in a very short time frame. Robbery was the primary motive for the first victim and sexual homicide was the motive for the second and third victims.     

KEY LINKAGES BETWEEN CHILD WELFARE AND SUBSTANCE ABUSE TREATMENT: SOCIAL FUNCTIONING IMPROVEMENTS AND CLIENT SATISFACTION IN A FAMILY DRUG TREATMENT COURT*

This article summarizes early findings regarding social functioning and client satisfaction from a longitudinal study of women receiving treatment in a family drug treatment court located in the Midwestern United States (N = 33). Drug treatment court participants were interviewed at program entry and when they had completed 6 months of treatment. Family drug court participants reported significant improvements in employment status and increases in earned income after 6 months of treatment. Respondents also reported improved social functioning and high overall levels of satisfaction with treatment. Findings and implications for future research are discussed.     

论空白票据的空白补充权

空白补充权是空白票据理论的核心问题,而我国票据法对空白补充权的规定极其简单。空白补充权创设的理论基础,应采“授权说”;空白补充权的认定标准,应采“客观说”;我国票据法应对空白补充权的行使期限和规则、空白补充权行使之后的法律效力、以及空白补充权被滥用时善意持票人权利的保护等问题作出完整规定。     

集体滥用行政权之防范

集体滥用行政权是行政机关以集体之名义作出的表面上合法、实质上严重违法的以权谋私行为,具有欺骗性和巨大的破坏力。行政主体之本位性、行政权力之专制性、对行政权力的法律监督之滞后性,是集体滥用行政权存在的主要诱因。防范集体滥用行政权,有必要科学配置行政权、健全行政公开,并完善对抽象行政行为的司法审查机制。     

An epidemic of illicit fentanyl deaths in Cook County, Illinois: September 2005 through April 2007

Between September 2005 and April 2007, 350 fentanyl intoxication deaths were investigated and certified by the Cook County Medical Examiners Office. Investigations revealed that the majority of these fatalities were by intravenous injection of a white powder followed by a rapid collapse. The fentanyl was clandestinely produced in a lab in Toluca, Mexico and sold by the Mickey Cobra street gang. The term "Drop Dead" was coined for this "tainted heroin." Postmortem samples were screened by ELISA and confirmed by standard GC-MS methods. Fentanyl fatalities peaked at 47 per month in May and June 2006. Fifty-two percent were single fentanyl intoxications, with the remainder accompanied by either cocaine, morphine from heroin, or alcohol. This epidemic stressed the limited resources of the toxicology laboratory and autopsy service of the Medical Examiners Office. The clandestine lab was terminated, distributing gang members and leaders arrested, and the epidemic ceased in April 2007.     

Segmental hair analysis in order to evaluate driving performance

On the 31st of July 2002 the Lombardy local government issued a memorandum, C.R. 35/SAN, providing "guidelines to investigate drugs of abuse addiction in order to judge driving performance". About hair samples, this memorandum advises that the proximal lock of 6 cm-length would be analysed for opiates, cocaine, cannabinoids, amphetamine and derivatives, divided into two segments of 3 cm each. The Local Medical Driving Licence Commissions (CML) can decide whether or not to enforce these instructions; from our survey it resulted that most CMLs do not abide by the memorandum, not requiring segmental analysis. The purpose of our study was to verify whether this procedural discordance could affect analytical results and, consequently, the evaluation of the subject's driving performance. We analysed hair samples taken from subjects who were requesting the renewal of their driving licence in our Laboratory during the period from 1 August 2002 to 31 December 2006. We divided samples into two groups: (1) samples previously analysed in one single segment which resulted positive for at least one analyte, but under the cut-off (0.5 ng/mg), were re-analysed in accordance with the guidelines; (2) samples previously processed following guidelines which resulted positive in one of the segments were newly analysed in a single segment. Comparing the new results with the original ones, an increase of positive results emerged in the first group. The second set of results fully supported the first ones. These results underscore the importance of the 35/SAN memorandum, so if the guidelines had been followed there would have been a larger amount of driving licence renewal denied.     

Cerebral traumatism with a playground rocking toy mimicking shaken baby syndrome

Shaken baby syndrome (SBS), one of the most deadly and devastating forms of child abuse, is caused by violent shaking. The combination of subdural hematoma, retinal hemorrhage, brain swelling, and diffuse axonal injury is highly typical of this syndrome and faced with these autopsy findings, induced traumatic lesions are strongly considered. However, it is known that motor-vehicle accidents and falls from great height can also produce this pattern of injury. Nevertheless, stories of arms fall, couch fall, or bumped head while the baby is being carried are generally considered incompatible with SBS. We here report a case of a 2-year-old boy presenting with all the classic autopsy findings of SBS from a playground rocking toy shaken by an older child.     

行政裁量的软法规制

行政裁量是行政机关进行行政立法、行政决策和实施具体行政行为时最经常运用的方式,它贯穿于几乎所有行政行为的运作过程。行政裁量是防止行政执法人员机械执法,实现个案实质公正的必不可少的法律保障,但是,行政裁量如果被滥用,它又可能成为行政执法人员谋私和侵犯行政相对人权益或社会公共利益的最便利的手段和工具。应充分运用软法指导裁量、促进裁量和制约裁量,通过软法机制规制和保障行政裁量权的正当行使,以防止行政机关及其工作人员滥用行政裁量权,尽可能保证行政裁量权为善而避免其为恶。     

WHEN IT HAPPENS IN A FAMILY: AIDING PARENTS OF SUBSTANCE‐ABUSING ADOLESCENTS*

This article first summarizes key data on the scope of teen substance abuse and the lack of teen access to needed treatment services. It then describes how and why attorneys may be helpful to parents who discover their teen's drug or alcohol problem and seek advice and counsel about the legal implications of various actions that can or may be taken. The article explores such issues as parents finding illegal drugs in the house or on their teen's person, various modalities of treatment and how family members are involved, how parents might secure residential evaluations for their youth without the necessity of juvenile court involvement (and why this is important), concerns about placing youth in unlicensed residential treatment facilities, health insurance coverage issues, home drug testing, and how past American Bar Association (ABA) policy on youth drug and alcohol abuse is being followed up with a new ABA project to aid parents of substance‐abusing teenagers and their families.