法医学难检样品的处理及检测方法研究

在法医物证检验中常常会遇到一些量微而保存条件差的检材,这类检材的成功分析对案件的调查和侦破常起着至关重要的作用,其关键在于能否正确提取和处理检材、并采用适当的分析方法进行检测.笔者结合多年的物证检验经验和研究,综述了常见的牙齿、烟头、毛发、微量血痕等检材的有效处理方法.     

从公共选择理论的角度看公安派出所"政府失灵"现象

根据公共选择理论,由于政府行为具有自利性,直接导致行政权异化,导致公共决策失误、政府扩张、官僚机构低效率、寻租等“政府失灵”现象出现。“政府失灵”现象在公安派出所问题上也有突出表现。比如,“严打”决策存在的失误,使得“严打”的针对性逐渐降低,公安派出所的工作重心发生偏移;权力扩张,导致公安派出所职能缺位和错位;由于缺乏竞争,工作不讲成本,导致公安派出所办事效率低下;利用权力寻租,导致在公安派出所问题上产生腐败现象等。正确认识派出所“政府失灵”现象,有利于端正对公安派出所职能的认识,正确处理好公安派出所的打、防关系,提高工作效率,消除寻租腐败现象。     

The rule of law online: Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator

The decision of the Court of Justice of the European Union (“CJEU”) in the case of Google Spain SL v Agencia Española de Protección de Datos (AEPD) ² [“the Google decision”] to require Google to enforce a right to be forgotten has caused a furore and sets a dangerous precedent in internet regulation. ³ It is setting up the search engine as a form of Internet Government and fracturing the balance between privacy and freedom of information in the connected world. In a world where we have become attuned to full exposure by routinely signing over access to information, privacy is no longer the issue – the real concern is control. This paper seeks to address the issues of whether we have a right to privacy anymore, who should be making decisions about what is available and where and how a global convention on access to information might be achieved.     

Las fuentes de conocimiento de lo jurídico*

The basic concept of law which was built on that of the state’s sovereignty has been transformed in such a way that can be no longer recognised as operable in the reality of politics. a great number of social changes have contributed to such a transformation; such as politic and internal social pluralism, the latter contradicts the idea of sovereignty and cohesion; the establishment of alternative centres of power which coexist with the state; the institutionalisation of contexts integrate their branches of power beyond those of the state –and consequently, they are becoming unavailable both for individual states-; and for individuals to claim their rights before international jurisdictions. This paperwork analyses formal legal sources from this perspective.     

Las diásporas transnacionales: ¿una nueva era o un nuevo mito?

The numberless unprecedented situations attached today to the concept of transnational diaspora arise the debate of whether or not this phenomenon signals a new era. Our own contention is that it does represent a factor of new kinds of heterogenization of both the societal reality and of the diasporas themselves, as worldwide entities. It is in this dialectic perspective that we describe transnational diasporas as causes of discontinuity in our world and point out to the qualitative change in the social fabrics that they represent. Among other aspects, dual or threefold homeness that is bound to the transnational condition signifies for diasporans a slipping away from the totalistic character of the commitment and view of the nation that the nation-state requires of its citizens. When viewed in its multiplicity, the cohabitation under the same societal roof of a priori alien socio-cultural entities yields a configuration that is not uniform in every setting, but which still responds in its essentials to the new reality experienced by many a contemporary society. To illustrate this approach, this paper compares four well-known contemporary transnational diasporas namely, the Muslim, African, Hispanic and Chinese.     

论偷税罪量化立法模式的严重缺陷及其完善

我国刑法第 2 0 1条对偷税罪的规定采用了“比例十数额型”的量化立法模式。这种立法模式存在严重缺陷。要填补这一立法空白 ,改善偷税罪量化立法模式的严重缺陷 ,唯一的办法就是完全抛弃这种“比例十数额型”的量化立法模式 ,并统一纳税人与扣缴义务人的定罪量刑标准。只有这样 ,才足以避免这一量化立法模式存在的严重缺陷。     

论公民知情权的宪法确认

一个国家的知情权保障制度发达与否 ,直接反映着这个国家的人权宪政水平。知情权的人权确认是宪政制度发展的历史趋势。要切实有效地保障公民知情权 ,应把知情权纳入我国宪法公民基本权利体系。     

Assessment of the Role Played by N‐propanol Found in Postmortem Blood in the Discrimination Between Antemortem Consumption and Postmortem Formation of Ethanol Using Rats

This study disproves the reliability of n‐propanol as a biomarker to establish whether the ethanol found in postmortem blood is derived from antemortem ingestion or postmortem putrefactive processes. Two groups of rats were given ethanol or normal saline solution, respectively, and sacrificed 1.5 h later. After putrefaction, blood and, in a few cases, urine samples from the rats were analyzed for ethanol and n‐propanol by head‐space gas chromatography equipped with flame ionization detection. Although the concentration ratios of ethanol/n‐propanol in the postmortem blood collected from the bodies without prior alcohol consumption were expected to be <20 (as per limited case reports and previous in vitro studies), in samples from several rats that were on saline solution, this ratio was found to exceed 20. In conclusion, the concentration ratio of ethanol/n‐propanol in postmortem blood does not allow for the discernment between antemortem ingestion and the postmortem synthesis of ethanol.     

How “institutionalization” can work. Structuring governance for digital transformation in Italy

Public policy scholars have recently focused on the mechanisms accounting for the sustainability of major policy changes. Among the strategies by which policy entrepreneurs may try to avoid future backlash institutionalization is certainly one of the most used. Yet, it can foster ossification and eventually jeopardize policy effectiveness. Such a potential trade-off between institutionalization and long-term effectiveness is particularly intense in policies concerning technological innovation because the necessity to create winning coalitions can undermine the required absorption capacity needed by government to engage the innovation ecosystems. This paper explores such a trade-off with a case study on the Italian policy for public sector's digital transformation. The case is theoretically promising because over three decades institutionalization has always represented the main overall strategy adopted by policymaker, but only the 2016 initiative emerged as a “success.” In this sense, the case study can focus on the mechanisms activated by policy entrepreneurs to trigger and entrench change.     

Institutional shifts and punctuated patterns in digital policy

While digital policies provide significant value within contemporary governance, not many governments' digital policies are adapted to rapidly changing technologies and associated expectations. The limited adaptability can be explained by governments' focus on institutional shifts as an instrument to generate policy changes. Therefore, this article examines the impact of institutional shifts on digital policy by leveraging the Punctuated Equilibrium Theory (PET) as a lens to explore the Belgian federal government between 2000 and 2020. This is done through performing a distributional application of the PET and an explaining-outcome congruence case study. The results highlight the role of institutional shifts in directing digital policy, but also underscore the importance of other factors (i.e., policy image, attention allocation and/or structure of the political system) and the presence of policy entrepreneurs to explain the (in)stability of digital policy.