论职务犯罪黑数问题

犯罪黑数是一种世界性的普遍现象.目前我国犯罪黑数最为突出的犯罪类型是职务犯罪,这是由多种原因共同造成的.职务犯罪黑数的大量存在,不利于客观评估职务犯罪的实际状况,不利于正确评估打击职务犯罪的专项政策、措施及效益.因而应采取措施,查清和减少职务犯罪黑数,达到维护社会稳定的目的.     

试论犯罪经济学的原理

犯罪经济学的理论基础是犯罪经济学所阐述的各种具体理论、观点的出发点,是统帅犯罪经济学各种具体理论、观点全局的基本理论。其核心是探讨如何解决和处理由资源的稀缺性同人类欲望的无限性这对矛盾引起的犯罪等非法活动问题。其构成要素主要有效用最大化、具有不同效率和协调作用的市场及市场主体稳定的偏好。犯罪经济学主要应用的理论有理性选择理论、成本和收益理论、惩罚成本和惩罚机率理论、边际效用理论等。犯罪经济学的理论价值在于:它的产生推动了犯罪学的深入发展,表明了经济学家也可以涉足犯罪研究领域,人类在同犯罪作斗争时也应讲求经济效益,等等。     

刑法中数额的性质及其计算

数额,是指犯罪行为指向的货币、财物或者其他物品的数目。一定数额的实现是数额犯成立的构成要件要素;在某些直接故意的数额犯中,数额还是犯罪既遂的条件。对复行为的数额犯,原则上多次行为涉及的数额应当累计计算,但以整体行为成立连续犯、徐行犯或集合犯为限。     

探寻19802010年法院收案数的变化规律——兼谈对未来收案数变化趋势的展望和预测

虽然改革开放30年来人民法院案件数的年均递增速度高达10％以上,但人民法院的一审收案数和执行收案数并非始终保持着直线型上升发展态势,而是呈现出一种有升有降、升多降少的波浪型上升发展态势;经济的高速增长、城镇化水平不断提高、人民群众法治意识和维权意识不断增强是人民法院收案数30年来保持高速增长的根本原因,司法政策的变化更是促使人民法院收案数产生阶段性变化的核心因素;在当前相对较低的诉讼收费标准等因素刺激下,未来法院各类案件的收案数量仍将继续保持上升态势,但增速会低于过去30年来的平均增速。     

The Successful Recovery of Low Copy Number and Degraded DNA from Bones Exposed to Seawater Suitable for Generating a DNA STR Profile

A universal method allowing for DNA profiling from bones exposed to seawater has not been reported yet. This study refers on the identification of a body immersed in seawater for 8 months. The biological material for identification was the mandibular body, usually characterized by low success rates of DNA analysis. Initially, two extraction protocols were performed with negative results: one used for bones immersed in fresh water and a silica‐column procedure. A third protocol was performed, which combined the extraction of a higher amount of bone powder, the use of multi‐silica‐based extraction columns followed by a concentration step. This protocol allowed to obtain low copy number DNA and to generate a 12‐loci STR profile by combining conventional STR typing and mini‐STR technologies. This protocol could be suitable when human bones have been exposed to severe environmental conditions, and the available nuclear DNA is highly degraded and in low copy number.     

Development of etching paste for serial number restoration on aluminum engine block

Engine numbers, which involve information regarding the engine type, production number, and year and place of manufacture, are used for identification purposes. Comprising of unique alphanumeric characters, the engine numbers are fully or partially obliterated especially in auto theft and smuggling cases to conceal the origin, identity, and owner of vehicles. The limitations of the current restoration techniques such as the difficulty of using chemical liquid etching in vertical sites, the restrictions of magnetic and optical methods, and the applicability of several techniques like electron backscatter diffraction only in the laboratory environment prompt the development of new techniques. In view of these limitations and the importance of restoring engine numbers in criminal investigations, this unique study aimed to develop an etching paste that would restore the effaced characters on a real aluminum alloy engine block. The characters which were cold-stamped on the engine block were milled at varying depths and restoration attempts were conducted using etching pastes formed with different chemicals and materials. The analyses indicate that the etching paste formed with 200 mg of perlite, 400 mg of iron powder, and 450 μL of 20 M NaOH provided restoration to a good extent. The prevention of over-etching through the controlling of the chemical reaction and the cost-effectiveness appears to be the advantages of this technique. The success of recovery on the real engine block, the facilitation of restoration on curved surfaces, and the chance of on-site usage will likely make the etching paste a widely used tool in serial number restoration.     

保险诈骗罪若干新旧问题研究

保险领域的诈骗犯罪作为一种危害较大的新型金融犯罪,随着经济和金融业的发展日趋增多,涉及的金额越来越大,具有作案方式多样化、诈骗行为隐蔽性、危害后果严重性的特点。尽管学界对于保险诈骗罪已经进行了相当多的研究,但是有些问题仍没有完全澄清,并且随着社会的发展和经济形势的变化,以及犯罪手段的多样性,使得保险诈骗领域又出现了许多新的情况,而对于这些新的情况我们尚没有进行深入地探讨。这种“新仇旧恨”就促使我们应当对保险诈骗罪进行进一步的研究。     

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.     

Multiplex short tandem repeat amplification of low template DNA samples with the addition of proofreading enzymes

Abstract:  With <100 pg of template DNA, routine short tandem repeat (STR) analysis often fails, resulting in no or partial profiles and increased stochastic effects. To overcome this, some have investigated preamplification methods that include the addition of proofreading enzymes to the PCR cocktail. This project sought to determine whether adding proofreading polymerases directly in the STR amplification mixture would improve the reaction when little template DNA is available. Platinum Taq High Fidelity and GeneAmp High Fidelity were tested in Profiler Plus? STR reactions alone and in combination with AmpliTaq^® Gold. All reactions included the additional step of a post‐PCR purification step. With both pristine low template DNA and casework samples, the addition of these polymerases resulted in comparable or no improvement in the STR amplification signal. Further, stochastic effects and artifacts were observed equally across all enzyme conditions. Based on these studies, the addition of these proofreading enzymes to a multiplex STR amplification is not recommended for low template DNA work.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.