论我国行政法发展的分析模式

模式分析方法是推进我国行政法向纵深发展的新方法。构成分析中国行政法发展的模式主要有:国家行政与公共行政、单向与双向、权力与关系、消极与积极、制约与激励。中国行政法发展趋势是:以公共行政作为行政法调整对象、以双向作为行政权力作用方式、以关系作为行政法学研究分析视角、以积极作为行政相对人对行政主体的作用和以制约与激励机制的有机整合作为行政法机制。     

Determination of Fracture Patterns in Glass and Glassy Polymers,

The study of fractures of glass, glassy‐type materials, and plastic has long been of interest to the forensic community. The focus of this interest has been the use of glass and polymer fractures to associate items of evidence under the assumption that each fracture is different. Generally, it is well‐accepted that deviations exist; however, the emphasis has been on classifying and predicting fracture rather than determining that each fracture is different. This study documented the controlled fracture patterns of 60 glass panes, 60 glass bottles, and 60 plastic tail light lens covers using both dynamic impact and static pressure methods under closely controlled conditions. Each pattern was intercompared, and based on the limited specimens tested in this study, the results illustrate that the fracture patterns are different. Further repetitive studies, under controlled conditions, will be needed to provide more statistical significance to the theory that each fracture forms a nonreproducible fracture pattern.     

An Impact Velocity Device Design for Blood Spatter Pattern Generation with Considerations for High‐Speed Video Analysis,

A mechanical device that uses gravitational and spring compression forces to create spatter patterns of known impact velocities is presented and discussed. The custom‐made device uses either two or four springs (k₁ = 267.8 N/m, k₂ = 535.5 N/m) in parallel to create seventeen reproducible impact velocities between 2.1 and 4.0 m/s. The impactor is held at several known spring extensions using an electromagnet. Trigger inputs to the high‐speed video camera allow the user to control the magnet's release while capturing video footage simultaneously. A polycarbonate base is used to allow for simultaneous monitoring of the side and bottom views of the impact event. Twenty‐four patterns were created across the impact velocity range and analyzed using HemoSpat. Area of origin estimations fell within an acceptable range (ΔX_av = ?5.5 ± 1.9 cm, ΔY_av = ?2.6 ± 2.8 cm, ΔZ_av = +5.5 ± 3.8 cm), supporting distribution analysis for the use in research or bloodstain pattern training. This work provides a framework for those interested in developing a robust impact device.     

Latent Fingermark Aging Patterns (Part I): Minutiae Count as One Indicator of Degradation

The authors are exploring degradation patterns of latent fingermarks over time which can be quantitatively determined in a predictable manner by visual means. Several physical degradation parameters for assessing this hypothesis are evaluated. This article analyzes the parameter “minutiae count” as a function of time. Experiment variables included were secretion type (sebaceous‐rich and eccrine‐rich), substrate (glass and plastic), and exposure to light (dark, shade, and direct light). Depositions were sequentially visualized with Titanium Dioxide powder over a period of 6 months, photographed, and number of minutiae recorded. Results revealed a significant decrease of minutiae for eccrine‐rich marks on glass but insignificant for sebaceous‐rich marks on the same surface. However, significant degradation was observed for both types of secretions on plastic. The authors conclude that the distinctive prevalence of minutiae changes over time indicates with a high degree of certainty the hypothesis is valid and deserves additional exploration.     

几类特殊客体上指纹的树脂提取法

在犯罪现场上经常会遗留犯罪嫌疑人的指纹,遗留指纹的客体种类繁多,有几类特殊客体上的指纹较难提取,如粗糙客体、人体皮肤、曲面客体等。文章通过实验研究发现,磁性粉末刷显法与树脂制模法配合使用,可以很好地提取这些特殊客体上的指纹,树脂制模提取指纹的方法为指纹的提取提供了一条新途径。     

农村住房所有权及宅基地使用权转让的理论思考

农村住房所有人依法有权转让其住房。作为完整的用益物权，宅基地使用权也包括处分权能，但含义不同于所有权中的处分权能。住房所有权与宅基地所有权或使用权转让有同类型；折中主义下的转让，也有不同情形。在我国部分地区可以进行农村住房所有权与宅基地使用权合一自由转让的试点工作。我国历史上有农村住房所有权与宅基地使用权的转让，现实中也大量存在。     

Trisomy 21 disclosure using STR and SNP markers typed by MiSeq FGx™ Forensic Genomics System

The presence of a tri-allelic pattern at a single locus in a multiplex short tandem repeat (STR) profile is a rarely observable event. Generally, based on peak height measured by the capillary electrophoresis (CE) method and combination of alleles, the tri-allelic pattern is distinguishable into two predominant types: type 1 and 2, which are caused, respectively, by somatic mutations and chromosomal rearrangements. When tri-allelic patterns at more than one STR located on the same chromosome are detected, there is a reasonable suspicion of a trisomy due to an extra copy of a chromosome. Therefore, information on the type of three-band pattern is usually limited to STRs localized on the same chromosome included in the forensic kit in use and sometimes in insufficient numbers to classify this event correctly. The opportunity to extend this evaluation to additional markers, such as SNPs detectable using NGS, has not yet been explored. In this study, using the ForenSeq™ DNA Signature Prep kit, two cases of autosomal aneuploidy were revealed on chromosome 21, relying not only on STRs assessment but also extending the analysis to the five identity-informative single nucleotide polymorphisms (iiSNPs) localized on chromosome 21.     

Blast Injury and the Human Skeleton: An Important Emerging Aspect of Conflict‐Related Trauma

Recent decades have seen an accelerating trend in warfare whereby a growing proportion of conflict‐related deaths have been caused by explosions. Analysis of blast injury features little in anthropological literature. We present a review of clinical literature that includes prevalence of injury to anatomical regions and potential indicators of blast injury which can be used by forensic anthropologists. This includes high prevalence of extremity (22.8–91.2%) and facial (19.6–40%) injury in combat contexts, lower limb fractures (19–74.3%) in suicide bombing, traumatic amputation (3–43%) and diffuse fracture patterns in terrorist bombings. Potential indicators of blast trauma include blowout fractures in sinus cavities from blast overpressure, transverse mandibular fractures, and visceral surface rib fractures. Ability to recognize blast trauma and distinguish it in the skeleton is of importance in investigations and judicial proceedings relating to war crimes, terrorism, and human rights violations and likely to become increasingly crucial to forensic anthropology knowledge.     

Friends with(out) benefits: co-offending and re-arrest

Research shows that co-offending has contradictory effects on rates of re-arrest. On the one hand, group offending may be riskier: for example, co-offenders might be targeted by police or might snitch to protect themselves. Criminal networks may also have indirect effects: offenders embedded in criminal networks commit more offences and thus should have a higher risk of being arrested at some point. On the other hand, networks generate steady criminal opportunities with relatively low risk of arrest and high monetary benefits (e.g. drug trafficking). Few authors have empirically explored the relation between co-offending and re-arrest. This article does so using data from seven years of arrest records in the province of Quebec, Canada. The analysis is designed to explore why some offenders are re-arrested after an initial arrest while others are not. It focuses on the factors involved in re-arrest, considering two distinct levels of measures of co-offending. The first level of analysis takes into account a situational measure that indicates whether a given offence was committed by co-offenders (group offence). The second level is used to examine whether being part of a criminal network influences re-arrest. For offenders embedded in such networks, two network features (degree centrality and clustering coefficient) show that the global position of individuals within the Quebec arrest network are analysed. Our results suggest that co-offending is a crucial factor that should be taken into account when looking at the odds of being caught again. The use of generalised linear mixed model brings interesting nuances about the impact of co-offending. The article adds to the recently growing literature on the link between networks and criminal careers.     

A comparative study on sanction system of cyber aider from perspectives of German and Chinese criminal law

In the context of the global information age, cases concerning the provision of technical assistance to commit cybercrimes are growing in leaps and bounds and a brand-new crime-as-a-service industry is beginning to take shape. German criminal law addresses this issue in the context of joint commission theory and individual incrimination as complementary, whereas the Chinese model, by contrast, has made marked progress in the fight against cyber aiding by introducing new criminal provisions. The change of cyber-aiding indeed represents a significant challenge to current criminal legislation and consideration of its criminal countermeasures is indispensably significant.