刑法教义学研究的中国主体性

刑法教义学既包括教义学方法,也包括教义学知识;教义学方法是无国界的,但教义学知识是对一国现行有效的法律所作的解释,因而是有国界的。德日刑法关于共同犯罪的规定表明,共犯的定罪与量刑均取决于正犯,因而决定了其共犯理论必须采取实质客观说以区分正犯与共犯;而中国刑法关于共同犯罪的规定表明,共同犯罪的定罪与量刑是截然可分的不同层次,因而在正犯与共犯的区分上采取形式客观说就足以解决问题。中国刑法和德日刑法对侵占罪规定的成立要件并不相同,"拒不退还"、"拒不交出"在中国的侵占罪中是一种客观处罚条件,是独立的行为要件,因而不能将其融入"非法占为已有"的含义之中。中国的刑法教义学研究必须清醒地认识到,要以中国刑法的规定为研究的逻辑起点并受其严格约束;要真正构建中国的刑法教义学,必须唤起研究者的主体意识。     

Fatal Intoxication with Methoxetamine

Methoxetamine (MXE) is a new synthetic drug of abuse structurally related to ketamine and phencyclidine. A case of a 29-year-old male with acute toxicity related to the analytically confirmed use of MXE is reported. The man was found dead at his residence. Biological material was analyzed using liquid chromatography–tandem mass spectrometry. The concentration of MXE in urine of the deceased was 85 μg/mL. Despite the vial containing the blood sample being destroyed during transportation and the blood leaking out into the cardboard packaging, the blood level of MXE was estimated. After determination of the cardboard grammage (approx. 400 g/m³) and the mean mass of the blood obtained after drying (0.1785 ± 0.0173 g per 1 mL), the estimated blood concentration of MXE was found to be 5.8 μg/mL. The high concentration of MXE in blood and urine and the circumstances of the case indicate an unintentional, fatal intoxication with this substance.     

Is There an Association Between the Body Mass Index and Interpersonal Violent Behavior?

An inverse relationship between the body mass index (BMI) and the risk of completed suicide was shown in several studies. Furthermore, it is suggested that obesity might be associated with a lower risk for violent criminality. Therefore, the aim of this study was to analyze whether a higher BMI is associated with a lower risk for being arrested due to violent behavior in a sample of 43,992 male offenders. Multinomial logistic regression analysis was applied to assess the relationship between different BMI categories and categories of committed crime as outcome variable by including various covariates. Our results indicated that compared to a normal BMI a higher BMI was associated with a significantly lower risk for being arrested in different crime categories associated with interpersonal violence, such as crimes against life and limb (for example: odds ratio = 0.60, CI 95%: 0.52–0.69 for 30–34.9 kg/m²).     

Ancestry and BMI Influences on Facial Soft Tissue Depths for A Cohort of Chinese and Caucasoid Women in Dunedin,New Zealand

This study measured and assessed facial soft tissue depths (FSTDs) in adult female Chinese and New Zealand (NZ) Europeans (Caucasoids). Ultrasound was used to obtain depths at nine landmarks on 108 healthy subjects (51 Chinese, 57 NZ European), erect positioned, of same age group (18–29 years). Height and weight were also recorded. Statistical analysis focused on comparison of tissue depth between the two ancestry groups and the influence of Body Mass Index (BMI) (kg/m²). Results showed mean depth differences at Supra M2 and Infra M2 landmarks significantly greater for Chinese than Caucasoid women for all three BMI Classes (BMI <20, 20 ≤ BMI < 25, 25 ≤ BMI < 30), even BMI <20. For both groups BMI positively correlated with FSTD values at all landmarks except Labrale superius. This study enabled ancestry and BMI influence on FSTDs to be observed and compared for two distinct groups. Results add to knowledge about facial tissue depth variation.     

Silent citizenship among Asian Americans and Latinos: opting out or left out?

In his classic study, Who Governs?, Robert Dahl interpreted the patterns of political assimilation of ‘white ethnic’ immigrants and their children during the mid-twentieth century as a hopeful sign of the potential of democratic pluralism in the USA. While acknowledging that immigrant groups faced discrimination and structural barriers that might lead them to be silent, Dahl predicted that social mobility and assimilation would eventually erase these deficits in political participation among immigrants. Building from Dahl's analysis, we investigate the extent to which pluralism in the USA can and does work the same way for immigrants who are also racial minorities. We highlight factors that can lead these groups to become silent citizens, including lack of legal status, lower levels of political mobilization by institutions, and discrimination as structural impediments to minority participation. Our findings suggest that both resources as well as structural impediments structure the political behavior of Asian Americans and Latinos, determining whether they are vocal citizens or silent citizens.     

气相色谱/质谱检验合成大麻素K3中AKB48

目的建立较为快速准确的合成大麻素K3中AKB48的气相色谱/质谱检验方法。方法对进样口温度、初始柱温、柱流速及质谱采样率等4项色谱及质谱实验参数进行考察优化。结果 GC/MS检验合成大麻素K3中AKB48的优化条件为:进样口温度280℃,柱初始温度80℃,柱流速为2.0ml/min,质谱采样率为2。结论该方法具有快速、准确、灵敏等优点,可用于K3中AKB48的定性检验鉴定。     

全面建设小康社会与弱势群体的政治参与问题

本文阐述了弱势群体政治参与的含义,探讨了在全面建设小康社会条件下发展和扩大弱势群体政治参与的途径和趋势。     

试论"三个代表"与加强改进新时期党的群众工作

加强和改进党的群众工作 ,对于巩固党的执政基础具有决定性的意义。在新的世纪和新的发展阶段 ,我们要开创建设有中国特色社会主义事业的新局面 ,就必须以“三个代表”重要思想为指导 ,正确认识人民群众的主人翁地位和根本作用 ,始终坚持党的群众路线 ,进一步加强和改进新形势下党的群众工作 ,把实现人民群众的根本利益作为一切工作的出发点和归宿 ,努力实现好、维护好和发展好最广大人民群众的根本利益。     

扩大有序政治参与推进社会主义政治文明建设

古往今来 ,政治文明由低到高 ,渐次更新 ,政治文明演进依赖于社会自身的力量。公民的政治参与构成政治文明建设的基础力量。在改革、发展的今天 ,政治参与的基础进一步扩大 ,参与渠道逐渐多样化和制度化 ,公民参与行为日趋活跃 ;同时 ,我国今天的政治参与还不成熟、不完备 ,必需以培育民主意识为先导、以政治体系制度创新为重点、以公民社会成长为契机 ,进一步扩大有序的政治参与 ,推进政治文明建设。     

Worker Democracy and Worker Productivity

A major source of oppression in industrial and post-industrial society is the restrictive and highly authoritarian nature of the workplace. One response is to democratize the workplace by increasing the participation of workers in making decisions and in choosing and evaluating managers as well as sharing in the ownership of the firm. These are not new ideas, and there are many examples of organizations pursuing various forms of democratic practices. However, a major objection is that such participation would compromise economic and other types of organizational productivity. This article examines the empirical support for that argument over a wide range of types of organizations in which workers participate in important decisions affecting their welfare. The overall results of this survey across many different forms of work organization suggest that the evidence supports the opposite conclusion, that worker participation increases productivity, particularly when workers share the benefits of higher productivity. The challenge is to ascertain ways of spreading these practices more widely.