论我国刑法中各刑种实际刑度之间的不衔接及对策

各刑种实际刑度间的不衔接指的是无期徒刑和有期徒刑之间、死刑中的死缓与无期徒刑之间、死刑立即执行与死缓之间刑罚程度的不衔接。它是我国现行刑法的一个不足之处。刑种间实际刑度的不衔接破坏了刑罚结构的科学性。因此,根据罪刑相当的原则,重新设定各刑种的实际刑度,对于实现它们之间的衔接,以及完善刑法结构都具有重要意义。     

Me Voici,here I Am,Here I Stand,I Can Do No Other

This article offers a Levinasian reading of the case of Airedale N.H.S. Trust v Bland (1993). My contention is that the judicial reasoning that gave rise to the decision that Anthony Bland should die was driven by an ontological imperative I submit from a Levinasian perspective the decision was ethically indefensible because it failed to recognise Anthony Bland as the other. This revised version was published online in July 2006 with corrections to the Cover Date.     

死刑价值认识

不同的死刑价值观 ,往往会导致不同的死刑立法、司法及理论构造选择。迷信死刑者主张“治乱世用重典” ,认为死刑的威慑力足以以暴制暴、以毒攻毒 ;人权主义者则对死刑提出种种诘责 ,认为死刑是不必要的 ,只会宣扬与鼓励暴力 ,甚至是一种社会公共谋杀。对两种死刑价值认识进行综合评述之后 ,作者认为 ,对死刑的价值评判应基于一国具体的国情 ,中国的“保留死刑 ,少杀慎杀”死刑政策是对死刑价值进行理性认识之后正确的、必然的抉择。     

死刑的司法与立法限制--量刑情节的制约

立足云南省死刑适用的司法实践,结合实务部门判处死刑考虑的量刑情节,对如何从实际数量上减少死刑适用并进而从立法上减少死刑罪名提出一些实用性思路.     

Postmortem Analysis of Electrogram Records from an Implantable Cardioverter‐Defibrillator (ICD) in the Reconstruction of a Road Traffic Accident

The case of a 69‐year‐old man, equipped with an ICD and suffering from several chronic cardiac diseases, who died in a car accident, was presented. We analyzed electrogram records from the ICD explanted from the body during the autopsy, which showed that the driver had suffered from malignant ventricular arrhythmia—ventricular fibrillation (VF). A thorough analysis of the details of the accident, as well as the timing of VF and the rhythm observed after the discharge of the ICD showed that the direct cause of the accident was the episode of arrhythmia resulting in a loss of consciousness. Therefore, the presented case illustrates the usefulness of postmortem analysis of electrogram records from ICDs in the reconstruction of road traffic accidents. In such cases, if the victims are implanted with ICDs, it should be a routine procedure performed by forensic pathologists.     

Reasons for South Korean attitudes towards the death penalty: exploring the nexus between strong public support and history of misapplication

As of this writing, South Korea (officially, the Republic of Korea) is an abolitionist-in-practice nation; capital punishment is legal, but no death sentences have been carried out since a moratorium was enacted in 1997. Public support for the death penalty has decreased over time; however, the factors that determine support for or opposition to the death penalty of the South Korean general public are largely unknown. Using survey data from a nationwide sample of 416 respondents, this study examined the potential predictors for public attitudes towards capital punishment support. A majority of survey respondents (83%) supported the death penalty, a higher percentage than recent surveys of the South Korean general public. The deterrence and retribution perspectives were positively related to death penalty support, while crime severity, neighbourhood safety, the brutalisation effect, and innocence were negatively related. This study provides the first multivariate analysis of factors associated with South Korean attitudes towards the death penalty.     

Bone Area Histomorphometry

Quantifying the amount of cortical bone loss is one variable used in histological methods of adult age estimation. Measurements of cortical area tend to be subjective and additional information regarding bone loss is not captured considering cancellous bone is disregarded. We describe whether measuring bone area (cancellous + cortical area) rather than cortical area may improve histological age estimation for the sixth rib. Mid‐shaft rib cross‐sections (n = 114) with a skewed sex distribution were analyzed. Ages range from 16 to 87 years. Variables included: total cross‐sectional area, cortical area, bone area, relative bone area, relative cortical area, and endosteal area. Males have larger mean total cross‐sectional area, bone area, and cortical area than females. Females display a larger mean endosteal area and greater mean relative measure values. Relative bone area significantly correlates with age. The relative bone area variable will provide researchers with a less subjective and more accurate measure than cortical area.     

Comparative and Correlation Studies of Biochemical Substances in Vitreous Humor and Synovial Fluid

Vitreous humor (VH) and synovial fluid (SF) become optional postmortem samples for biochemistry investigation. However, few studies have explored SF as a potential source, and there is still controversy whether the biochemical concentrations in bilateral VH are the same. We explored the concentrations of biochemical substances in both VH and SF, and compared between both sides and between the fluids. We also correlated the biochemical concentrations in both fluids. All samples were centrifuged after collection and the supernatant fluids were used for the analysis. The results indicated no significant difference in the constituent concentrations between the fluids from both sides (p > 0.05). Sodium, potassium, chloride, and magnesium concentrations were significantly higher in the VH, but in vice versa for glucose, uric acid, and creatinine concentrations (p < 0.001). Sodium, potassium, glucose, lactate, urea, uric acid, and creatinine concentrations between both fluids showed significant correlation (p < 0.05), but not chloride and magnesium concentrations.     

Multiple Giant Coronary Artery Aneurysms: A Rare Cause of Sudden Cardiac Death

Multiple giant aneurysms involving the coronary arteries are uncommon and rarely reported. In the presented case, a 63‐year‐old man with poorly controlled hypertension died suddenly. Gross autopsy examination showed multiple giant thrombus‐filled coronary artery aneurysms, atherosclerotic coronary artery disease, and cardiomegaly. Histological sections of the coronary aneurysms showed atherosclerotic changes with both organized and fresh thrombus. Giant coronary aneurysm is defined as a segmental enlargement of a coronary artery with a diameter exceeding 20 mm or more. The main etiology of this nebulous entity is attributed to atherosclerosis and inflammatory or inherited connective tissue disorders with the remainder being congenital, infectious, or idiopathic. Before its cataclysmic presentation, when ruptured or thrombosed, giant coronary aneurysm usually has a silent clinical course. Sudden death owing to giant multiple coronary aneurysms is rare and mandates careful classification of the aneurysms and prudent search for autoimmune‐mediated or genetically based factors for subsequent ancillary autopsy studies.