检察环节被害人救助的实证考察和制度构建

从一个基层检察机关刑事被害人权益保障的现状出发,在对当前检察环节被害人救济状况进行实证分析的基础上,我们可以发现,现有刑事司法救济手段尚不足以覆盖到所有被害人,尤其在检察环节上,对被害人合法权益的保护和救助尚存在一定的空白.建立检察环节被害人救助制度是对正式的刑事司法救济的一种补充,是当前强化刑事被害人权益保障的可行之路.     

Extraction of the relevant population from a forensic database

Evaluation of forensic evidence using Bayesian statistics requires the formulation of hypotheses. Many hypotheses, especially those presenting the defence viewpoint imply that traces can be attributed to an arbitrary member of a relevant population. The exact items or persons that comprise the relevant population may vary from case to case. Therefore, the statistical evaluation of evidential value based on databases cannot make use of a fixed set of items or persons. In the current paper, methodology is presented to filter the contents of a database such that only items that are considered relevant are selected. Six scenarios, including those related to fibre, textile, and glass evidence are described, together with the hypotheses and relevant populations that may be evaluated by an expert. In addition, we show how items representing the defined relevant population can be extracted from a database using SQL code. Images of the items in the (filtered) relevant population provide an overview of the selected items and hence direct feedback to the examiner. In this way, erroneous codes or unwanted side effects can be identified and corrected. It is concluded that the filtering procedure is effective in cases where the relevant population is demarcated accurately.     

4种固相颗粒吸附法提取滤纸血痕DNA效果的比较

目的探讨4种固相颗粒吸附法提取滤纸血痕样本DNA的效果。方法含有1μL静脉血的滤纸血痕180份,分为4组,每组45份。分别采用4种固相颗粒吸附法(DNAIQ~(TM)系统、D盾超敏DNA提取试剂盒、超高效硅珠纯化DNA提取试剂盒和常规的硅珠法)对上述样本进行DNA提取,对比各组DNA溶液的浓度及STR分型检验结果。结果 D盾超敏DNA提取试剂盒[(3.764±1.790)μg/mL]、超高效硅珠纯化DNA提取试剂盒(3.634±1.112)及常规硅珠法(3.350±1.250)提取到DNA溶液的浓度无统计学差异(P0.05),但均高于DNA IQ~(TM)系统(1.864±1.207)(P0.001);D盾超敏DNA提取试剂盒、超高效硅珠纯化DNA提取试剂盒及常规硅珠法样本图谱峰高大于DNA IQ~(TM)系统(P0.001),超高效硅珠纯化DNA提取试剂盒和常规硅珠法样本图谱峰高大于D盾超敏DNA提取试剂盒(P0.01)。结论 D盾超敏DNA提取试剂盒、超高效硅珠纯化DNA提取试剂盒及常规硅珠法对于滤纸血痕的DNA提取效率高于DNA IQ~(TM)系统;超高效硅珠纯化DNA提取试剂盒和常规硅珠提取到的DNA溶液可能具有更高的质量。     

构建和谐社会与亲民的发展思路--解读党的十六届五中全会对边缘群体问题的关注

十六届五中全会将构建社会主义和谐社会确立为“十一五”时期经济社会发展的重要目标。党中央关于构建社会主义和谐社会的思考在不断深化,亲民的发展思路越来越清晰并被付诸实施。和谐社会应该是能有效化解人民内部矛盾和妥善解决社会问题的社会。当前,中国社会边缘群体的问题非常突出,执政党亲民、爱民的价值取向在解决边缘群体问题上可以得到充分地体现。     

LC-MS/MS同时分析尿液中15种安眠镇静药物及其代谢物

目的建立尿液中15种常见安眠镇静药物及代谢物的液相色谱-串联质谱分析方法。方法尿液经酶水解、固相萃取后,用C18液相柱分离,以含甲酸铵和甲酸的水、乙腈为流动相梯度洗脱,质谱采用电喷雾电离（ESI）-正负离子模式同时扫描,采用二级质谱多反应监测（MRM）模式检测目标化合物。结果以化合物的保留时间、两对母离子/子离子对定性,尿中常见安眠镇静药物的检测限为0.01～0.5ng/mL（ESI＋）和10ng/mL（ESI-）;相关系数r在0.994以上;日内及日间精密度均在18%以下;绝对回收率在64.80%～116.20%之间。结论方法快速、灵敏、简便、可靠,能同时分析尿液中的15种安眠镇静药物及其代谢物。     

芬氟拉明和苯丙胺类兴奋剂的固相微萃取

用固相微萃取技术从血中提取芬氟拉明、苯丙胺和甲基苯丙胺。在 70℃条件下用 10 0 μm聚二甲基硅氧烷萃取头吸附 15min。重氢甲基苯丙胺作内标 ,采用柱前衍生化的进样方式 ,气质联用仪测定。选择离子m /z2 6 8(芬氟拉明 )、m/z2 40 (苯丙胺 )、m /z2 5 4(甲基苯丙胺 )和m/z2 5 8(重氢甲基苯丙胺 ,内标 )的峰面积比定量。血中检测浓度可达 0 0 1～ 0 0 3μg/g。通过解剖例中芬氟拉明的实际测定 ,证明这是一个从血液中提取分析苯丙胺类衍生物的快速准确的方法     

The Principle of Proportionality: Summary and Consensus in the 6th International Conference on Human Rights Protection Under Pandemic Prevention and Control,Beijing (China) 2020

Against the backdrop of the COVID-19 pandemic and China’s regularized pandemic prevention and control, leading legal scholars from China, North America, and Eurasia participated in The 6th International Conference on Human Rights Protection under Pandemic Prevention and Control. Participants engaged in fruitful discussions on the normative necessity and practical relevance of the principle of proportionality in justifying their current governments’ anti-pandemic measures. Focusing on pandemic-related human rights conditions and rule of law challenges in global contexts, this article summarizes the participating scholars’ speeches through the integrated lens of human rights and the jurisprudence of health law in the COVID-19 containment phase. Speeches can be divided into six topical dimensions, involving normative utility, governance logic, reasonable limits, constitutional criteria, viable approaches, and post-pandemic challenges with respect to the principle of proportionality. To provide a more policy-relevant and theoretically sound framework for a community of common health for mankind, this article succinctly concludes with a series of overlapping consensus on the application of the principle of proportionality in the fight against the pandemic. This consensus, tentatively named the “Renmin Human Rights Consensus,” builds on five interrelated elements and generates five human rights assertions and a series of specific principles of health law.     

Development of a quantitative LC-MS/MS method for the analysis of common propellant powder stabilizers in gunshot residue

In traditional scanning electron microscopy/energy dispersive X-ray analysis of gunshot residue (GSR), one has to cope more and more frequently with limitations of this technique due to the use of lead-free ammunition or ammunition lacking heavy metals. New methods for the analysis of the organic components of common propellant powder stabilizers were developed based on liquid chromatography coupled to tandem mass spectrometry (LC-MS/MS). A multiple reactions monitoring scanning method was created for the screening of akardite II, ethylcentralite, diphenylamine, methylcentralite, N-nitrosodiphenylamine, 2-nitrodiphenylamine, and 4-nitrodiphenylamine, present in standards mixtures. Five out of seven of these target compounds can be selectively identified and distinguished from the two others with a high accuracy. Samples from the hands of a shooter were collected by swabbing and underwent solid phase extraction prior to analysis. Detection limits ranging from 5 to 115 mug injected were achieved. Results from several firing trials show that the LC-MS/MS method is suitable for the detection of stabilizers in samples collected following the firing of 9 mm Para ammunitions.     

Jurisprudential Foundation of the Alogithmic Enforcement and Regulation of Law in an Intelligent Society: Taking the Automated Copyright Infringement Monitoring of the Online Content Sharing Platform as an Example

As cyber-space has become increasingly important for human activities, and intelligent algorithms are widely used in cyber-space, we are rapidly entering an intelligent society. Now, algorithmic enforcement and regulations of law have posed non-negligible issues. As algorithmic enforcement of copyright law was introduced earlier than that of other laws, it provides a helpful observation perspective. The worldwide practice of copyright enforcement has gradually departed from traditional “safe harbor provisions, ” and has emphasized prior examination of shared contents uploaded by Internet service providers’ (ISPs) users through the following three dimensions: automated infringement detection algorithms voluntarily used by the ISPs, heavier judicial liability of ISPs, and updated legislation principles. Thus, innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace. Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful. The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of (a) legitimate and efficient flow of information, (b) balance between and among algorithmic power, public power and private rights, (c) boosting the sharing economy and the new gig economy, and (d) promoting social governance philosophy of “coconstruction, co-governance and sharing.” These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users, and for introducing the pluralistic co-governance mechanism beyond simply practicing “filtering obligations.” In addition, these principles are significant for improving a certification with credibility of copyright status and ownership, and for advancing a mechanism for online collegiate-panel dispute resolution.     

File‐sharing,Filtering and the Spectre of the Automated Censor

The European Parliament's Bono report is an example of how politicians can speak up for the interests of citizens against those of multi‐national corporations. The report concerned the economic status of the cultural industries in Europe, but it has become known for one amendment, protecting citizens' rights on the Internet. The issue at stake is open access to the Internet, versus alleged copyright infringement through online file sharing. As the UK sets out its own policy proposals for copyright and the Internet, the Bono amendment invites us to consider the wider agenda for copyright enforcement, content filtering and the potential for industrial censorship.