从矛盾到协调:我国法学本科与研究生教育关系之合理厘定——以完善我国司法考试制度为基轴

我国现行法学高等教育模式并不明确,使得法学本科教育与研究生教育存在着目标设定、发展模式的宏观混同以及教学方式、内容微观重叠等诸多积弊。厘清二者的关系既是提升我国法学高等教育质量之必须,又是我国法律职业共同体形成之前提。建议首先明确我国法学高等教育的发展模式,合理引入司法实务训练,并以完善我国既有司法考试制度为基轴,进一步厘定法学本科与研究生教育的关系。     

通过辨别、对比和检验材料中的变化测定文件日期

对一份文件最早制成时间的检验一直以来都是全世界文检界的难题之一。核实可疑文件的制成时间没有统一的方法,目前主要通过对纸张、墨迹、打字机、复印机、打印机、传真机、印刷品,以及笔迹和签名等因素的检验来确定一份文件的制成时间。文件检验人员需要充分利用他们手中的文件的内容及文件周边信息所反映出来的条件和材料,进而得出结论。     

核酸及蛋白质在死亡时间推断中的应用

死亡时间(postmortem interval,PMI)推断一直是法医学研究的重点与难点.机体死亡后,组织细胞发生自溶,核酸等大分子物质发生降解,其中DNA含量呈逐渐下降趋势,与PMI具有一定的线性关系,管家基因β-actin、GAPDH mRNA具有一定的稳定性,也可作为内参照进行PMI推测.本文综述了目前DNA、...     

Analysis of Pigmented Inkjet Printer Inks and Printed Documents by Laser Desorption/Mass Spectrometry*,†

Abstract: Anyone with a computer, scanner, and color printer has the capability for creating documents such as identification cards, passports, and counterfeit currency. Laser desorption mass spectrometry (LDMS) has been demonstrated as a powerful tool for colorant analysis. Inkjet printers are now moving largely toward the use of pigments as colorants; their insolubility makes analysis by simpler methods such as thin‐layer chromatography no longer an option. Recent developments in pigmented inkjet printer inks, such as gloss optimizers that coat pigment particles, may prohibit colorant analysis by LDMS. We demonstrate here that pigments used in inks from two Epson printers can be detected and analyzed by LDMS. Also, LDMS spectra of various colors created using a 4‐cartridge (cyan/magenta/yellow/black, CMYK) inkset are evaluated, to begin to develop an approach for unraveling LDMS data from real samples, to determine the number of inks used by a printer, and the chemical composition of the colorants.     

Postmortem Blood Concentrations of R‐ and S‐Enantiomers of Methadone and EDDP in Drug Users: Influence of Co‐Medication and P‐glycoprotein Genotype

Abstract: We investigated toxicological and pharmacogenetic factors that could influence methadone toxicity using postmortem samples. R‐ and S‐methadone were measured in femoral blood from 90 postmortem cases, mainly drug users. The R‐enantiomer concentrations significantly exceeded that of the S‐enantiomers (Wilcoxon’s test, p < 0.001). The samples were divided into four groups according to other drugs detected (methadone only, methadone and strong analgesics, methadone and benzodiazepines, or methadone and other drugs). There was no significant difference in any of the R‐methadone/total methadone ratios among the four groups. The median R/S ratio was 1.38, which tends to be higher than that reported for the plasma of living subjects. In addition, we investigated whether small nucleotide polymorphisms in the MDR1 gene that encode the drug transporter P‐glycoprotein were associated with the concentrations of R‐ and S‐methadone and its metabolite 2‐ethylidene‐1,5‐dimethyl‐3,3‐diphenylpyrrolidine. No significant association was detected.     

大鼠死后肌动蛋白降解与死亡时间的相关性

目的观察大鼠死后不同时间心肌、肝、脾、肺、肾、脑和骨骼肌肌动蛋白（actin）的降解规律,为晚期死亡时间（postmortem interval,PMI）的推断寻找客观指标。方法28只SD大鼠随机分为7组,经机械性窒息致死后．分别置于20℃恒温箱内,于0、24、48、72、96、120和168h后剖取以上器官,应用免疫印迹技术检测各组织内actin的含量,SPSS11．5软件对所得数据进行方差分析。结果大鼠死后上述各器官actin含量均随PMI的延长而逐渐下降,与PMI相关,决定系数（R2）均在0．75以上。但actin在上述各器官内的降解速度有显著差异（P〈O．05）,在脑组织中降解速度最快,其余依次为肺、脾、肝、肾、心肌和骨骼肌。结论尽管大鼠死后心肌、肝、脾、肺、肾、脑和骨骼肌actin的降解规律具有组织差异性,但是actin在上述组织中的含量变化与PMI相关．有助于较晚期PMI的推断。     

The black soldier-fly, Hermetia illucens (Diptera, Stratiomyidae), used to estimate the postmortem interval in a case in Amapá State, Brazil

The black soldier-fly (Hermetia illucens) is a generalist detritivore which is commonly present in corpses in later stages of decomposition and may be useful in forensic entomology. This paper describes the estimation of the postmortem interval (PMI) based on the life cycle of the black soldier-fly in a case in northern Brazil. A male child was abducted from his home and 42 days later his corpse was found in an advanced stage of decay. Two black soldier-fly larvae were found associated with the body. The larvae emerged as adults after 25-26 days. Considering the development cycle of H. illucens, the date of oviposition was estimated as 24-25 days after abduction. Since H. illucens usually (but not always) colonizes corpses in more advanced stages of decay, this estimate is consistent with the hypothesis that the child was killed immediately after abduction.     

论鉴定留置的若干法律问题

鉴定留置指为鉴定被告心神或者身体状态，而将被告送入医院或者其他适当处所之处分。鉴定留置的存在是与法医学的发展休戚相关。从某种意义上讲，现代去医学发展的不成熟是鉴定留置制度存活的土壤。鉴定留置应定性为一种依附性行为。即依附于强制鉴定，其本身属于调查程序。而非强制处分。鉴定留置属于强制鉴定延伸的自然结果．而强制鉴定将在一定程度上限制被告人的行动自由。应当接受司法审查。强制鉴定作为一种独立的强制措施．对自由的侵犯程度不可与羁押同日而语，甚至其结果可能减轻或者免除被告人的刑事责任。因此在司去审查控制下的鉴定留置期间不应当计入羁押期间。     

A calculation of the theoretical significance of matched bullets

Abstract:  The comparison and identification of bullets from the striations that appear on their surfaces, after they have been fired from a gun, have been practiced since the 1920s. Although the significance of the correspondences of these impression marks has been empirically justified, there is a conspicuous absence of any theoretical foundation for the likelihood. What is presented here is the derivation of the formulae for calculating the probability for the correspondence of the impression marks on a subject bullet to a random distribution of a similar number of impression marks on a suspect bullet of the same type. The approach to the calculation entails subdividing the impression marks into a series of individual lines having widths equal to the separation distance at which a misalignment of striations between the two bullets cannot be distinguished. This distance depends upon the resolution limit imposed by the microscope as well as by the visual acuity of the examiner. A calculation of the probabilities for finding pairs and triplets of consecutively matching lines on nonmatching bullets, by an examiner with normal perception using a microscope at 40× magnification, produces values that agree well with the empirical probabilities determined by Biasotti in the 1950s and when determined for larger consecutive sequences suggest that they are extremely unlikely to occur. The formulae can be used to determine the probabilities for the random occurrence of any sequence of striae and provide a straightforward way to quantitatively justify the significance of a specific match between any two bullets.     

Elevated morphine concentrations determined during infant death investigations: artifacts of withdrawal of care

Abstract:  Three cases are reported of elevated postmortem blood morphine concentrations (189–3036 ng/mL) that were observed during the course of death investigations involving three children ranging in age from 1 week to 2 years, all of whom underwent withdrawal of life support. In all three cases, the presence of opiates in postmortem blood was indicated by immunoassay (ELISA) and quantitative confirmatory analysis of free morphine concentrations in postmortem blood was performed by solid-phase extraction followed by gas chromatography/mass spectrometry (GC/MS) in the selected ion monitoring mode. While the practice of withdrawing life support from terminally ill patients, with the accompanying administration of narcotics/analgesics has been reported in the medical literature, it has not been adequately described in the forensic literature. The implications of this practice on the forensic toxicological interpretation of morphine findings are discussed. To our knowledge, this is the first report of postmortem morphine concentrations arising directly from administration in conjunction with withdrawal of care in pediatric patients.