论建设工程合同欠款纠纷中债权人的代位权——兼论天津市高院《关于审理建设工程合同纠纷案件若干问题的座谈纪要》之完善

由于我国房地产市场运行尚不规范,司法实践中建设工程合同纠纷案件,拖欠工程款纠纷日益增多,为正确处理此类案件,天津市高级人民法院印发了《关于审理建设工程合同纠纷案件若干问题的座谈纪要》。文章从理论与实践结合的角度,运用债的保全的民法理论,分析了债权人代位权的特征与性质、构成与效力,并针对《关于审理建设工程合同纠纷案件若干问题的座谈纪要》存在的问题,提出了如何进一步完善的建议。     

再论记名提单下的无单放货

本文分析了有关记名提单无单放货争议的焦点问题 ,论证了在中国海商法下是否需要凭正本记名提单放货     

伪造签名笔迹检验的研究

对伪造签名笔迹的研究,揭示窃取、复制他人亲笔签名伪造文件的手法及其特点,是检验伪造签名笔迹的有效方法。     

A Novel Forensic Tool for the Characterization and Comparison of Printing Ink Evidence: Development and Evaluation of a Searchable Database Using Data Fusion of Spectrochemical Methods

A searchable printing ink database was designed and validated as a tool to improve the chemical information gathered from the analysis of ink evidence. The database contains 319 samples from printing sources that represent some of the global diversity in toner, inkjet, offset, and intaglio inks. Five analytical methods were used to generate data to populate the searchable database including FTIR, SEM‐EDS, LA‐ICP‐MS, DART‐MS, and Py‐GC‐MS. The search algorithm based on partial least‐squares discriminant analysis generates a similarity “score” used for the association between similar samples. The performance of a particular analytical method to associate similar inks was found to be dependent on the ink type with LA‐ICP‐MS performing best, followed by SEM‐EDS and DART‐MS methods, while FTIR and Py‐GC‐MS were less useful in association but were still useful for classification purposes. Data fusion of data collected from two complementary methods (i.e., LA‐ICP‐MS and DART‐MS) improves the classification and association of similar inks.     

Evaluation of the Forensic Utility of Scanning Electron Microscopy‐Energy Dispersive Spectroscopy and Laser Ablation‐Inductively Coupled Plasma‐Mass Spectrometry for Printing Ink Examinations

Improvements in printing technology have exacerbated the problem of document counterfeiting, prompting the need for analytical techniques that better characterize inks for forensic analysis and comparisons. In this study, 319 printing inks (toner, inkjet, offset, and Intaglio) were analyzed directly on the paper substrate using scanning electron microscopy‐energy dispersive spectroscopy (SEM‐EDS) and Laser Ablation‐Inductively Coupled Plasma‐Mass Spectrometry (LA‐ICP‐MS). As anticipated, the high sensitivity of LA‐ICP‐MS pairwise comparisons resulted in excellent discrimination (average of ~ 99.6%) between different ink samples from each of the four ink types and almost 100% correct associations between ink samples known to originate from the same source. SEM‐EDS analysis also resulted in very good discrimination for different toner and intaglio inks (>97%) and 100% correct association for samples from the same source. SEM‐EDS provided complementary information to LA‐ICP‐MS for certain ink types but showed limited utility for the discrimination of inkjet and offset inks.     

Technical Note: Analyzing the effect of repeated fusing on toner to examine printing alterations made by the same laser printer

With continuous innovations in laser printing technology, the number of cases of falsification using laser printers is increasing annually. Difficulties in identifying printing alternations, especially laser-printed alternations by the same printer are increasing. Effectively, repeated printing on the same page by the same printer means the original toner on the document was fused repeatedly. Thus, this study mainly investigates the effects of second fusing on the microscopic morphology of toner to examine whether documents have been tampered with. To detect the influence of fusing on the microscopic morphology of toner, 170 documents printed by 17 different models of laser printers from 5 brands were studied. It was found that, according to microscopic observations, the micrographs of toner may become brighter, darker or both with repetition of the fusing process. By calculating the average gray value of the micrographs of toner, it was found that, in some laser printers, the gray value of the thermoplastic accumulation area will increase after a second fusing, and the gray value of the toner particle dispersion area will decrease. In conclusion, by comparing the micrographs of toner from suspicious and reliable contents on the same page or in the same document, together with the measurement and analysis of average gray values, it is possible to examine the once- and twice-fused document contents, and further determine whether the document has been altered.     

提单流转延误而引起的法律问题浅析

提单流转的延误已经成为提单最大的弊端 ,它引起了无单放货等一系列问题。本文逐个分析了国内外针对这类问题所采取的各种对策及其法律效力。     

关于反腐倡廉体制机制建设若干问题的新思考

反腐倡廉建设必须建立健全一套有效的制约和监督权力的体制机制,这是破解腐败高发、多发的基本途径。只有组建一个由预防腐败署、纪检监察机关、司法机关构成的预防与惩治腐败完整体系,才能充分发挥结构科学、运行规范、监督有效的功能,形成一个能够保证各职能机关各负其责、相对独立、依法治理的运行方式。完善干部重大事项报告制度、巡视制度和"一案双查"等制度,逐步形成不敢腐的惩戒机制、不能腐的防范机制、不易腐的保障机制,才能有效遏制腐败。同时把构建决策科学、执行坚决、监督有力的权力运行体系,作为关住权力的制度笼子。这是我们党实现依法治国的国家战略和顶层设计的新思考,是跳出历史周期律支配的新路径。     

习近平改革思想初探——学习习近平总书记系列重要讲话体会

习近平总书记在一系列重要讲话中,提出了我国改革发展的若干思路,初步形成了关于中国改革的理论框架和思想体系,成为新的历史起点上指导改革发展实践的指南。     

An efficient method to detect series of fraudulent identity documents based on digitised forensic data

Document fraud is a transnational form of crime, and its serial character has already been highlighted. To combat this phenomenon, the Interstate Database of Fraudulent Identity Documents (BIDIF) has been created and implemented in Switzerland. It supports the comparison of documents and the detection of series, i.e., documents that share a common source. To efficiently use such a system, forensic document examiners would benefit from a harmonised and proven profiling method. Thus, the aim of this study is to develop a method for comparing documents and establishing series. The method is meant to improve the detection capabilities of forensic document examiners operating BIDIF or engaged in the profiling of fraudulent documents. First, a method based on the visual characteristics of digitised images of fraudulent identity documents has been developed. Subsequently, the method was qualitatively and quantitatively evaluated using four tests. The first test verified the ability of the method to detect pre-existing series. The second test checked the capability of the method to detect links amongst isolated documents. Finally, two further tests were carried out to compare the method impact on the successful detection of series. These tests were carried out by professional forensic document examiners and Master students in forensic science, respectively. This allowed a comparison of the method influence on series detection. The method allowed a significant increase in the number of series and links detected, while also decreasing the occurrence of false negatives and false positives. Furthermore, links were more rapidly detected.