刑事被害人过错责任之实证考查

通过对浙江省湖州市2005年665件刑事案件的研究表明,在实践中,很多犯罪和被害人的过错有很大关系,被害人存在明显的过错,对犯罪的引起具有举足轻重的作用.作为刑事被害人具有的这类过错,要承担相应的过错责任.     

论加快贵州省毛南族经济发展

在国家确定扶持加快发展的22个人口较少民族中,贵州仅有毛南族。由于历史自然条件等诸多方面的原因,贵州省毛南族集聚地区的经济和社会发展总体水平相对滞后,贫困问题仍十分突出,为进一步加强民族团结,加快经济社会可持续快速健康协调发展,构建社会主义和谐社会,加快我省毛南族地区经济建设发展具有十分重要的意义。     

我国公民政策参与的理论思考

公民参与公共政策过程不仅能够为行政机关制定政策建构新的合法性来源,也可以为行政权力的理性化行使配置新的制约力量。但是,基于不同的体制和制度安排,公民参与的效果又存在着较大差异。我国公民政策参与表面轰轰烈烈、实际效果不彰的原因在于缺乏合适的权力体制的配合。因此,赋予公民以实体性的参与权,同时对国家权力的分配格局作出一定程度的调整,是摆脱公民参与困境的一个可能出路。     

An Analysis of Hounsfield Unit Values and Volumetrics from Computerized Tomography of the Proximal Femur for Sex and Age Estimation

Sex and age are two elements in the establishment of a biological profile for forensic identification. While the pelvic bones are the most ideal structures for sex estimation, the condition of a body is not always ideal due to the nature of death, such as in mass disasters, or postmortem processes. This study utilized CT scans and resultant 3D models of 100 male and 100 female adults of known ages ranging from 18 to 98 years old to collect volumetric and Hounsfield unit measurements of the proximal femur. Equations were created to establish logistic regression models for sex estimation and linear regression models for age estimation. The resultant sex estimation method had an accuracy of 93.5% and utilized the volume of the proximal femur. This study provides three linear regression models for age with an accuracy range of 86%–92% ±12 years. As imaging technologies are increasingly adopted for forensic purposes, the power of 3D data will provide the opportunity for more quantitative and reproducible analyses. The proposed method for sex and age estimation provides a reliable tool that can be utilized in both day-to-day casework and disaster victim identification.     

Is All Politics Indeed Local? A Comparative Study of Dual Mandate‐Holders’ Role Attitudes and Behaviours in Parliament

The practice of dual mandate‐holding, i.e. the simultaneous occupation of a political mandate at the (sub)national and the local level, is understudied in the comparative literature. Dual mandate‐holders embody the most direct link between local and central government, yet research has disregarded whether these actors actually feel and act as local ambassadors in parliament. In this article, we study whether councillors in parliament feel responsive for local grievances in terms of their respective role attitudes and behaviour, using the PARTIREP Comparative MP Survey. The estimated regression models demonstrate that dual mandate‐holders indeed perceive themselves as local brokers, even when controlling for various systemic‐, party‐ and individual‐level factors. On the other hand, they struggle to translate their localized attitudes into localized parliamentary behaviour, which could call one of the main arguments in favour of dual mandate‐holding into question.     

How Accurate Are Survey Responses on Social Media and Politics?

How accurate are survey-based measures of social media use, in particular about political topics? We answer this question by linking original survey data collected during the U.S. 2016 election campaign with respondents’ observed social media activity. We use supervised machine learning to classify whether these Twitter and Facebook account data are content related to politics. We then benchmark our survey measures on frequency of posting about politics and the number of political figures followed. We find that, on average, our self-reported survey measures tend to correlate with observed social media activity. At the same time, we also find a worrying amount of individual-level discrepancy and problems related to extreme outliers. Our recommendations are twofold. The first is for survey questions about social media use to provide respondents with options covering a wider range of activity, especially in the long tail. The second is for survey questions to include specific content and anchors defining what it means for a post to be “about politics.”     

The 2018 California Wildfires: Integration of Rapid DNA to Dramatically Accelerate Victim Identification

In November 2018, Butte County, California, was decimated by the Camp Fire, the deadliest wildfire in state history. Over 150,000 acres were destroyed, and at its peak, the fire consumed eighty acres per minute. The speed and intensity of the oncoming flames killed scores of people, and weeks before the fire was contained, first responders began searching through the rubble of 18,804 residences and commercial buildings. As with most mass disasters, conventional identification modalities (e.g., fingerprints, odontology, hardware) were utilized to identify victims. The intensity and duration of the fire severely degraded most of the remains, and these approaches were useful in only 22 of 84 cases. In the past, the remaining cases would have been subjected to conventional DNA analysis, which may have required months to years. Instead, Rapid DNA technology was utilized (in a rented recreational vehicle outside the Sacramento morgue) in the victim identification effort. Sixty-nine sets of remains were subjected to Rapid DNA Identification and, of these, 62 (89.9%) generated short tandem repeat profiles that were subjected to familial searching; essentially all these profiles were produced within hours of sample receipt. Samples successfully utilized for DNA identification included blood, bone, liver, muscle, soft tissue of unknown origin, and brain. In tandem with processing of 255 family reference samples, 58 victims were identified. This work represents the first use of Rapid DNA Identification in a mass casualty event, and the results support the use of Rapid DNA as an integrated tool with conventional disaster victim identification modalities.     

《中医体质量表（韩文版）》在韩国人群中应用的横断面研究

目的 通过横断面调查,了解韩国人群中医体质类型分布规律,探索性分析影响韩国人群中医体质的影响因素。方法 2014年5—11月,选取居住于首尔地区的300例韩国人,运用《中医体质量表（韩文版）》调查其中医体质类型,比较不同性别、不同职业、不同体质量指数者的中医体质类型,并与中国常模的中医体质类型进行比较。结果 300例被调查人群中,平和质69例,其余8种偏颇体质225例,兼夹体质6例,居于前3位的偏颇体质类型为阳虚质（占14.3%）、湿热质（占13.3%）和阴虚质（占12.7%）。不同性别者的体质类型比较,差异具有统计学意义（P<0.05）;不同职业者的体质类型比较,以及不同体质类型者的体质量指数比较,差异均无统计学意义（P>0.05）;与中国常模的体质类型分布比较,差异具有统计学意义（P<0.01）,其中韩国人群阳虚质构成比高于中国常模,气虚质构成比低于中国常模。结论 韩国人群的中医体质类型存在性别差异,其分布情况可能与中国人群不同,但尚需要大样本数据的验证。     

未成年人刑事案件社会调查报告之法律属性探析

未成年人刑事案件社会调查制度一方面体现了刑罚的教育感化功能,另一方面也符合我国一直坚持的＂教育、感化、挽救＂的少年司法指导方针。若要使该制度发挥其优越的法律和社会效果,关键是明晰社会调查报告的法律属性。只有将定罪程序与量刑程序相分离,以独立的量刑程序为研究视角,结合社会调查报告所记载之内容,才能准确界定其属于量刑证据材料。     

Britain and Japan: a survey of recent books in English dealing with aspects of Anglo-Japanese relations

Abstract

Since the Japan Festival in the UK in 1991 some significant studies in English have been published about Anglo-Japanese relations. Two sets of volumes stand out. These are the five volumes in the History of Anglo-Japanes Relations 1600–2000 and the ten volumes in the series Britain and Japan: Biographical Portraits which have covered up to six hundred British and Japanese personalities and themes. Some aspects of Anglo-Japanese relations and some personalities deserve further attention. Cultural exchanges have developed greatly in the seventy years since the end of the Second World War and merit research and analysis. Considerably more detailed work needs to be done on Anglo-Japanese trade and financial relations and on Japanese investment in the UK and British investment in Japan.