量刑方法论——从对传统观念的检讨与批判谈起

对犯罪人裁量决定刑罚是刑事审判中重要的环节,事关对司法活动公平与正义的评价.而正确把握量刑的方法,对做到"罚当其罪"和"罪刑相适应"至关重要.从传统观念的检讨与批判谈起,论述量刑的理念、原则、方法和因素,并在量刑的步骤和方法上提出见解.     

侵权行为法中公平责任的适用范围

侵权行为法中的公平责任是以衡量当事人之间的利益关系为主要理由,来确定责任主体赔偿或补偿责任的一种责任认定方式,是对传统归责方法的一种矫正。公平责任受其特定的归责理由的限制,主要适用于监护人责任、雇主责任、紧急避险责任中某些特定的情况,也适用于受益人的补偿责任或责任分担和对赔偿数额的限制方面。从立法例和司法实践中准确把握公平责任适用范围,对正确认识和运用公平责任归责方法,具有重要司法实践意义。     

Significant Differences in PostMortem Heart Weight Before and After Dissection Using the Short-Axis Dissecting Method

Correctly assessing heart weight can be critical at postmortem examination. The current international guidelines advocate using the short-axis method in dissecting the heart and the heart weighed when the blood is emptied. However, it did not specify at what point the heart should be weighed or how the blood should be emptied. This study compared heart weights at three different time points during the heart examination (immediately after dissecting out of the pericardial sac with blood still in chambers, blood washed/removed from heart chambers without the heart opened, and the heart completely opened, blood emptied, and pad dried). This was to illustrate the variation in measurement and potential errors when the heart is weighed at different time of dissection. The results show that there were statistical and clinical significant differences between the heart weights at each weighing points. We recommend the heart to be completely dissected with any blood and residual washing/rinsing water emptied before being weighed. Although performed in this study, the effect of pad drying the heart on heart weight was not explored and was a limitation in this study.     

Nondestructive Differentiation of Polyester Single White Fibers Using Synchrotron Radiation Microbeam X-ray Fluorescence Spectrometry with Vertical Focusing

In this study, the nondestructive differentiation of individual white polyester clothing fibers was accomplished via synchrotron radiation microbeam X-ray fluorescence (SR-μ-XRF) analysis. SR-μ-XRF with vertical focusing is a useful nondestructive method for the analysis of a single polyester clothing fiber. Kirkpatrick–Baez (KB) mirror was used to vertically focus 20 keV X-rays for the analysis of 22 individual white polyester fibers taken from clothing commonly sold in Japan. SR-μ-XRF with a vertical focused 2 μm (V) × 300 μm (H) beam was approximately 12.8 times more sensitive than SR-XRF with an unfocused 300 μm (V) × 300 μm (H) beam for the detection of elements in single fibers. The minimum detection limits (MDLs) of the SR-μ-XRF method were 8.15 ppm for Cl and 0.06 ppm for Br. In addition to Ti in TiO₂ delustering agents, Zr and Nb impurities in the delustering agents were detected in individual fibers. Sb from a polymerization catalyst and Co from a transesterification catalyst were also detected in individual fibers. Comparing the Ti K_β/Sb L_α,β and Zr K_α/Nb K_α X-ray intensity ratios was a useful way to distinguish individual clothing fibers, and 98% of the fibers were differentiated when additional trace elements were used as discrimination indicators.     

祖孙双单亲比对的匹配概率研究

目的推导祖孙双单亲比对的匹配概率(PMGDS)公式,并以随机模拟法进行验证。方法首先,根据定义推导PMGDS的数学公式,依据此公式在19个基因座上计算PMGDS的数值。其次,以随机模拟法设计实验,在19个基因座上计算PMGDS的模拟值。最后,以模拟值对比公式值的方式,对公式进行实验验证。结果研究获得了PMGDS的数学公式,经模拟实验验证显示出良好的符合。结论祖孙双单亲比对的错判概率较低,具有很好的应用价值。     

The Accuracy and Repeatability of Reconstructing Single Bullet Impacts Using the 2D Ellipse Method

When a bullet punctures a surface, it leaves behind a bullet impact, which can be analyzed in order to determine the origin and trajectory path from which a bullet was discharged using many different scientific methods to reconstruct a shooting scene. The purpose of the research was to test the accuracy and repeatability of reconstructing the impact angle of single bullet impacts using the ellipse method. The research was conducted by firing various calibers of ammunition into drywall panels positioned at varying angles of incidence from 88° until ricochet occurred. This was done in order to determine which caliber type and angle of incidence are most accurate and precise for reconstructing a shooting scene. The study examined four caliber types fired into drywall panels, with 5 repeated shots for each of the 11 angles of incidence (n = 220). Furthermore, 31 participants partook in the study to estimate a bullet impact angle of incidence utilizing the ellipse method. The results show that the best performance (accuracy and repeatability) is seen with the measurements of the 0.45 caliber ammunition. When angle of incidences is low (<64°), the performance (accuracy and repeatability) was seen to be better in all caliber ammunitions. Overall, the data provided for single bullet impacts deposited in drywall show that the ellipse method is useful in providing measurements for most crime scene reconstruction purposes and has also demonstrated that results vary depending on the type of ammunition, firearm, and angle of incidence being examined.     

Lessons from International Multi-Option Referendum Experiences

Referendums are regularly criticised for reducing complex policy decisions to two maximally opposed options. This reduces opportunities for voter expression and can polarise debates. Alternative referendum designs which present more than two ballot options can offer innovative opportunities, but also raise new challenges. We can benefit by learning from previous experiences with multi-option referendum voting. Discussions of such experiences are rare and have often focussed on a limited number of cases. This article provides an overview of over 100 multi-option referendum experiences around the world. It discusses the topics on which they were held and the ballot options that were offered. It then analyses the variety in ballot design in terms of questions posed and voting methods applied. Drawing on the experiences of multi-option referendums, the article concludes with lessons that can be learned in relation to initiating and designing these referendums.     

问题教学法的实践与思考

运用问题教学法需要技巧并坚持一定的原则,只有这样才能取得良好的教学效果,学生才能从中受益。     

刑侦画像造型训练方法的研究

刑侦画像是依据目击者的记忆语言描述,利用素描等手法模拟刻画犯罪嫌疑人相貌特征的技术手段。刑侦画像造型训练方法的研究,为刑侦画像技术的教育实践工作探索科学有效的培养训练方法,以适应我国公安刑侦工作的实际需要。     

天然药物化学课程教学方法的探讨

随着当前对天然药物开发研究的不断深入,天然药物化学课程的重要性也越来越受到重视。而传统的天然药物化学教学方式多为教师讲授,学生被动地听、甚至靠死记硬背,学生的学习兴趣没有得到激发,效率不高,普遍反映枯燥难学。因而全面提高天然药物化学的学习水平和教学质量具有重要意义。为此,作者结合自己的教学经验谈一些感受。