典型电动两轮车倒地滑动摩擦系数实验研究

目的 为获得典型电动两轮车倒地滑动摩擦系数,研究倒地滑行速度、路面干湿、路面材料以及电动两轮车结构等因素对电动两轮车倒地滑动摩擦系数的影响.方法 采用实车牵引法测试了“标准”和“非标”两种类型电动两轮车在四种常见路面上的0～50km/h速度区间内的倒地滑动摩擦系数.结果 电动两轮车在实验混凝土路面倒地滑动摩擦系数为0....     

从日本刑法立场论构成身份与共同正犯

身份是指和一定犯罪行为有关的人身关系的特殊地位或状态。在身份作为行为违法性要素的场合,该身份就是违法身份,身份犯就是真正身份犯,或称构成的身份犯;作为责任要素的场合,该身份就是责任要素,身份犯就是不真正身份犯,或称加减的身份犯。当无身份者实施身份犯时,就是构成身份与共犯的问题。     

论刑法学中的人身危险性

人身危险性一词发源于19世纪中后期的刑事实证学派,也就是近代学派。人身危险性最早是犯罪学上的术语,后来逐渐也成为刑法学上讨论的热点。就我国目前的刑事立法来看,刑法学上的人身危险性仅指再犯可能性,但是随着该理论的深入研究和发展,初犯可能性被纳入到刑法学上必将成为一种趋势。评估人身危险性我们所要考虑的因素包括犯罪人基本特征、犯前表现和犯后表现,而不应包括犯中情节。人身危险性在刑法上的功能也日趋突出,分别表现在定罪、量刑和执行上,尤以执行最为显著。加强人身危险性的研究,对于建立和完善我国的保安处分制度也有重大的理论和现实意义。     

论共同正犯的概念、本质和成立要件

共同正犯是刑法中的一个重要概念,研究这一概念对于共同犯罪的定罪和量刑具有重大意义。在德、日等大陆法系国家,共同正犯是法定的共犯种类,我国刑法并未明确规定共同正犯,共同正犯相当于我国刑法理论中的共同实行犯。关于共同正犯的本质,存在犯罪共同说和行为共同说,部分犯罪共同说具有合理性。立足于主客观相统一的标准,成立共同正犯,需要二人以上的行为人在主观上存在共同实行的意思,在客观上存在共同实行的事实。     

The Social and Geographic Patterns of Sexual Offending: Is Sex Offender Residence Restriction Legislation Practical?

The development of sex offender residence restriction legislation was predicated on the assumption that sex offenders pose an increased risk to the public. The goal of such legislation was to create “sex-offender-free” zones in an effort to decrease sex offenders’ access to potential victims. Such legislation prohibits registered sex offenders from residing near landmarks where children are known to congregate. Empirical evidence thus far has failed to demonstrate that residing near these landmarks contributes to sex offenders’ ability to access victims, and may actually be doing more harm than good. The current study questions the rationale behind the implementation of residence restrictions and if this rationale is consistent with the realities of victim selection and sexual offending among incarcerated sex offenders. The sample consisted of 270 males incarcerated in a New Jersey correctional facility. The results demonstrate that most sex offenders resided within a 2,500-foot restricted landmark zone. However, after examining the methods sex offenders used and examining how far they traveled to meet or establish contact with their victims, residing near restricted landmarks did not contribute to victim selection. Of the 270 sex offenders, the offense patterns consistent with many residence restrictions were applicable to less than 1%.     

Advances in Osteometric Sorting: Utilizing Diaphyseal CSG Properties for Lower Limb Skeletal Pair-Matching

Pair-matching of bilateral elements is a major component of resolving commingled remains both in forensic and bioarchaeological contexts. This study presents a new method of osteometric pair-matching of the lower limbs which relies on 3D digital models of the femur and tibia bones. The proposed method, which is accompanied by a freely available open-source implementation, automatically computes a number of osteometric variables including cross-sectional geometric properties from an assemblage of left and right bone antimeres and calculates probabilistically the appropriate matching pairs as well as single elements, whose bones antimere is not present in the given assemblage. The method has been extensively tested on a skeletal sample comprising 396 femurs and 422 tibias from the Athens collection. Our results in testing commingled assemblages with no disparity show that the method’s sensitivity is 1 for sorting femurs and 0.997 for sorting tibias, whereas in assemblages with moderate disparity the sensitivity is 0.999 and 0.992 respectively. Our results further indicate that sensitivity is unaffected by the size of the commingled assemblage although the percentage of identified true matching pairs drops as the number of commingled elements increases. This means that all identified antimeres matched to an individual are still very accurately sorted despite not every individual being identified in very large assemblages. The proposed method can facilitate the sorting process of commingled remains both accurately and efficiently, while leaving a very small percentage of unsorted elements that may require further techniques for further individualization.     

非法持有枪支、弹药罪的若干问题研究

非法持有枪支、弹药罪是我国现行刑法所规定的新型犯罪之一,它以持有作为认定行为人构成犯罪的行为表现方式,不同于传统上以作为和不作为行为表现方式的犯罪。在中国现行刑法所规定的数百个罪名中只有持有型犯罪最为独特。持有型犯罪是以行为方式来归类的一类犯罪。认定持有型犯罪应坚持准确地界定犯罪对象的原则、坚持主客观相统一的原则,正确处理司法实践中持有型犯罪与相关罪的吸收、牵连、想象竞合、数罪并罚关系。     

论共同过失正犯及刑事责任的实现（下）

共同过失,是共同罪过的形式之一。虽然我国刑法中,只对共同故意犯罪的刑事责任有规定,但是,这并不是否定有共同过失犯罪的现象,基于共同过失是否应当负共同犯罪的责任 (成立共同犯罪 ),是刑法理论上一直争论的问题之一。笔者结合大陆法系立法及判例和实践,对共同过失正犯的理论和范围以及刑事责任进行了探讨。     

Validity of the use of porcine bone in forensic cut mark studies

Porcine bone is often used as a substitute for human bone in forensic trauma studies, but little has been published on its comparative mechanical behavior. The factors affecting mechanical properties and therefore selection of bone models are complex and include the age of the animal at death, and physiological loading conditions, the latter being of particular relevance when using a quadrupedal animal as a human substitute. The regional variation in hardness of adult and infant porcine bones was investigated using Vickers’ indentation tests and compared to published data for human limb bones to relate differences to inherent genetic effects and loading influences, and to examine the validity of the porcine‐human model. Significant differences in hardness were observed both along and around the adult porcine humerus and femur, but no significant differences were found along the length of the infant bones. Significant differences were found between the forelimb and hindlimb, but only in the infant specimens. The hardness values for porcine adult cortical bone from the femur (52.23 ± 1.00 kg mm^?2) were comparable to those reported in the literature for adult human cortical bone from the fibula, ilium, and calcaneus. These data will help inform subject selection in terms of both species and bone type for use in future trauma studies.     

Sexual abuse by educators: a comparison between male and female teachers who sexually abuse students

ABSTRACT

The study aimed to identify the differences in case characteristics and typologies of female and male teachers who perpetrated sexual abuse on students. Decisions of sexual misconduct reports in England from June 2006 to December 2016 were used. Quantitative and qualitative content analysis was conducted on 20 cases of male and female teacher sexual misconduct (N?=?40). Regarding case characteristics, most were secondary school or college teachers, mid-career, with victims of the opposite sex. For differences, male teachers were older and more likely to have: perpetrated more severe and lengthier sexual abuse and previously received warnings. Interestingly, females and males were similar across the preliminary typology: minimisers and deniers; poor mental health or stressors; and young, early career. However, a fourth group of females emerged: “I was overpowered”. The study furthers the understanding of sexual misconduct by teachers and should assist in the development of policies, guidelines, and legislation around prevention.