刑事立案异化及其原因

立案是刑事诉讼的必经的阶段，并且具有相对独立的诉讼任务，其重要性不言而喻。然而在司法实践中，侦查机关普遍不是依据刑事诉讼法的规定“有犯罪事实需要追究刑事责任”立案，而是根据案件侦破的难易程度决定立案与否。这使得立案程序出现异化和虚置现象。原因是公安机关兼有行政管理和诉讼侦查双重职能以及公安机关内部规范、司法习惯与刑事诉讼法的矛盾。     

泰国危机综合征：越南重蹈泰国覆辙？

在深入分析泰国1997年货币危机的特征、发生机理的基础上，本文探讨了最近几年越南的经济形势，认为当前越南的经济困境具备泰国危机综合征的典型特征。未来越南经济形势具有不确定性，能否最终避免重蹈越南覆辙，取决于越南政府能否有效控制通胀、有序调整资产价格和改善贸易收支。     

CHILDREN'S AND PARENTS’ PERCEPTIONS ON CHILDREN'S PARTICIPATION IN DECISION MAKING AFTER PARENTAL SEPARATION AND DIVORCE*

This article outlines the views of children and parents involved in family law disputes, about the need for and appropriateness of children's participation in decisions regarding residence and contact arrangements. Ninety parents and 47 children (ranging in age from 6 to 18 years) who had been through parental separation, were interviewed. Both parents and children had a range of views about the general appropriateness and fairness of children being involved, but the great majority, particularly of parents, thought that children should have a say in these matters. Core findings of the study include the considerable influence that older children had over the arrangements either in the aftermath of the separation or in making further changes over time, and the higher stated need of children who had experienced violence, abuse, or high levels of conflict to be heard than those in less problematic and noncontested matters. Parents involved in contested proceedings supported the participation of children at a younger age than those who were not. There was a reasonable degree of agreement between parents and children about the need for children to be acknowledged and the value of their views being heard in the decision‐making process. Parents, however, expressed concern about the pressure and manipulation that children can face and exert in this process, whereas children were generally more concerned about the fairness of the outcomes, and maintaining their relationships with their parents and siblings.     

公共权力异化内在成因的理论解析

公共权力是政治共同体赖以存在和发展的核心基础，指引着政治资源在公共领域的权威性分配。作为人民利益高度聚合的代表，公共权力具有公共性与强制性，这使之在具备促进公共意志达成的能力之外，也潜藏着侵害公共利益的可能性。这种可能性内化于公共权力的内部双重矛盾之中，当其被现实外部因素激活并转化为一种影响政治过程的显性介入性力量时，公共权力的实际运作便会偏离正确轨道，导致公共权力的异化。     

KEY LINKAGES BETWEEN CHILD WELFARE AND SUBSTANCE ABUSE TREATMENT: SOCIAL FUNCTIONING IMPROVEMENTS AND CLIENT SATISFACTION IN A FAMILY DRUG TREATMENT COURT*

This article summarizes early findings regarding social functioning and client satisfaction from a longitudinal study of women receiving treatment in a family drug treatment court located in the Midwestern United States (N = 33). Drug treatment court participants were interviewed at program entry and when they had completed 6 months of treatment. Family drug court participants reported significant improvements in employment status and increases in earned income after 6 months of treatment. Respondents also reported improved social functioning and high overall levels of satisfaction with treatment. Findings and implications for future research are discussed.     

Cerebral traumatism with a playground rocking toy mimicking shaken baby syndrome

Shaken baby syndrome (SBS), one of the most deadly and devastating forms of child abuse, is caused by violent shaking. The combination of subdural hematoma, retinal hemorrhage, brain swelling, and diffuse axonal injury is highly typical of this syndrome and faced with these autopsy findings, induced traumatic lesions are strongly considered. However, it is known that motor-vehicle accidents and falls from great height can also produce this pattern of injury. Nevertheless, stories of arms fall, couch fall, or bumped head while the baby is being carried are generally considered incompatible with SBS. We here report a case of a 2-year-old boy presenting with all the classic autopsy findings of SBS from a playground rocking toy shaken by an older child.     

Sickle Cell Trait Mimicking Multiple Inflicted Injuries in a 5-Year-Old Boy

Abstract:  Sickle cell disease (SCD) and sickle cell trait (SCT) can be associated with sudden unexpected death in the pediatric population, usually due to pulmonary complications occurring within the acute chest syndrome (ACS). Musculoskeletal complications can occur and are classically limited to bone infarcts. The occurrence of bone pathology centered upon the epiphyseal growth plate in SCD/SCT is extremely rare, and multiple such injuries in a single patient have not been previously reported. Herein, we describe a case of sudden unexpected death in a 5-year-old child with undiagnosed SCT due to the ACS, with widespread epiphyseal and periosteal bone lesions mimicking multiple inflicted injuries at autopsy. This case highlights the importance of clinicopathological correlation and is the first to describe SCT pathology as a mimic of nonaccidental injury.     

论公司机关关系的异化与重构——兼对“三权分立”公司机关关系理论之质疑

在公司存在控制股东的情况下,股东大会决议实际上只能反映控制股东的意志,沦为控制股东利益的代言人,而由股东大会选举产生的董事会和监事会也就变相地沦为控制股东的＂傀儡＂,三者之间根本就不可能形成理论上所说的公司机关之间的分权制衡关系。只有将监事会独立于普通股东大会,改由类别股东大会选举产生,同时实行监事资格制度,才能真正发挥其对董事会的监督功能。     

Death Caused by Toxic Epidermal Necrolysis (Lyell Syndrome)

Abstract: Toxic epidermal necrolysis (TEN) is characterized by fever, scalded appearance of the skin, and epidermolysis associated to blister formation and exfoliation, and it is caused by hypersensitivity reaction to a drug. The authors report two cases of death as a result of TEN; both referred to old aged women treated with a polytherapy including allopurinol. Both patients displayed erythematous skin lesions similar to scald burns and epidermolysis at the face, chest, and abdomen and died shortly after hospitalization. Autopsy findings and histological examinations revealed epidermal necrolysis and confirmed the clinical diagnosis. A strict time‐correlation between allopurinol administration and symptoms was evidenced. Because of its iatrogenic origin, TEN often arises suspicions of medical liability; however, because of its unpredictable nature, the occurrence of this syndrome cannot be ascribed to the medical staff whose main task is the rapid diagnosis and the correct management.     

刑事拘留制度：问题与进路

现行拘留制度在查明案件事实、收集证据的过程中发挥了重要的保障功能。然而,由于立法规定的模糊性、办案人员片面重视追诉等原因,导致实践中拘留常常被任意延长,使嫌疑人的合法权益被侵犯且缺乏有效的司法救济,从中可以看出现行拘留制度的设计仍然存在诸多问题。因此,笔者认为,在封现行制度作出深刻的反思的基础上,需要理顺拘留与逮捕、拘留与羁押的关系,并提出两套方案试图促进实现近期和速期的制度完善。