司法裁决的后果主义论证

后果主义论证是法律论证的一种形式,是实现合理的司法裁判和证成裁决结论的重要要素。司法中后果主义论证关注不同裁判方式所带来的可能后果,通过评判不同的后果来选择裁决结论。与一般情境中的后果论不同,司法裁决的后果主义论证主要出现在法官为正当化案件裁判所进行的二次证明中,它是基于可欲后果的证立,这种可欲后果是裁决的逻辑后果或一般后果。     

Automated SEM/EDS Analysis of Airbag Residue. II: Airbag Residue as a Source of Percussion Primer Residue Particles

Abstract:  Automated scanning electron microscopy with energy dispersive spectroscopy has been used to analyze airbag residue particles. Analysis of airbag residue from some passenger side airbags revealed some residue particles which are consistent with gunshot residue (GSR) samples. The source of these particles was determined to be percussion primers used to initiate the chemical reaction for deployment. This article identifies some vehicles which contain this type of airbag and demonstrates the types of particles which could be misidentified as being GSR. The low numbers of GSR particles in among the large particle populations of zirconium and/or copper–cobalt particles, which are clearly airbag residue, allow the trained analysts to distinguish the correct source of this residue. Particles containing high aluminum levels, elevated levels of allowable elements in GSR particles, or the presence of elements that are rare in GSR particles stand out as indications that the particles are not GSR in origin. This study serves as a guide to analysts who perform particle analysis in forensic investigations.     

Detection of Gunshot Residue in Blowfly Larvae and Decomposing Porcine Tissue Using Inductively Coupled Plasma Mass Spectrometry (ICP‐MS)*

Abstract: Blowfly larvae and porcine tissue contaminated with gunshot residue (GSR) were collected during summer and winter months, over a 37‐day and a 60‐day sampling period, respectively. Wound samples were microwave‐digested and analyzed by inductively coupled plasma mass spectrometry (ICP‐MS) for the detection of antimony, barium, and lead. During summer, the 37‐day sampling period encompassed all stages of decomposition, except skeletonization. The three elements were detected in larvae only on days 3 and 4 after death but were detected at significant levels in tissue samples throughout the entire sampling period. In winter, no significant decomposition was observed throughout the 60‐day sampling. Although temperatures were too low for blowfly activity, the three elements were detected in the tissue samples at relatively constant, significant levels. Hence, GSR determination in tissue was more dependent on decomposition stage rather than time since death.     

微波消解-扫描电镜联用检测脏器内硅藻

目的介绍一种微波消解-扫描电镜联用检测脏器内硅藻的新方法。方法大白兔30只,随机分为生前溺死组（n=15）和死后溺尸组（n=15）。提取兔肺、肝、肾、股骨骨髓和现场珠江水样,采用建立的微波消解-扫描电镜联用法检测脏器组织和水样中的硅藻,并与硝酸乙醇消解-扫描电镜联用的方法进行比较。结果生前溺死组的兔肺、肝、肾、股骨骨髓组织中大多数观测到与现场珠江水样一致的硅藻,微波消解-扫描电镜联用法检测脏器内硅藻的平均含量分别为：2505.2个/2g肺,18.7个/10g肝,6.5个/10g肾,6.3个/0.5g骨髓;肺与肝、肾、骨髓检出硅藻的阳性比例为86.7%,脏器硅藻检出含量和硅藻检验阳性比例均明显高于硝酸乙醇消解-扫描电镜联用法所测值。死后溺尸组的兔脏器组织均未观测到硅藻。结论微波消解-扫描电镜联用法检测脏器内硅藻,高效、安全、环保,硅藻检验灵敏度高,降低了劳动强度,提高了定性定量分析准确度,且能有效避免污染,在法医学溺死鉴定中具有良好的应用价值。     

谈教师和谐管理策略——以中小学教师为例

和谐管理是和谐社会发展的一种必然管理手段,已被广泛应用到教育管理领域。教育管理作为社会组织管理的一个重要组成部分,其组织管理是否和谐,在一定程度上反映了社会和谐的水平。本文通过对中小学教师和谐管理问题的分析,力求探索一种和谐的教师管理模式,使中小学教师管理朝着科学化、合理化、人性化的方向发展。     

对我国创业板市场规范化发展的几点检讨与反思

如果我们承认良好的法律制度是市场推进及解决一个时代所面临的难题不可缺少的规则平台,那么为了确保法律自恰性与可消费性,这种由规则组合而成的制度就必须精雕细刻,并顺从＂慢工出细活＂的常识。虽然根深蒂固的重实践而屈法的传统有益于一解法律无为的燃眉之急,但这无疑也是对法治精神的疏离。创业板市场立法的滞后与不周就暴露出了我国法治建设欠缺整体与系统性规划问题的冰山一角。客观地从创业板市场的功能及其历史使命出发来进行法律的补缺与完善是立法者的职责所在。     

Orthodontic Treatment: Real Risk for Dental Age Estimation in Adults?

Dental age estimation becomes a challenge once the root formation is concluded. In living adults, one dental age indicator is the formation of secondary dentine, also associated with orthodontic treatment as well as root shortening. The aim of this study was to establish whether these secondary effects of orthodontic treatment could generate a statistically significant difference in dental age estimations when using Kvaal's method. The study sample included 34 pairs of pre‐ and postorthodontic panoramic radiographs, from different individuals with exactly the same age and sex distribution. Females 65%, median age 17.5 years, and males 35%, median age 22.5 years, were included. After data collection, dental age was estimated per tooth using formulae previously published. The risk of obtaining over‐estimation of age was calculated. (RR = 1.007). The changes caused by orthodontic treatment do not have any significant effect on age estimation when Kvaal et al.'s method is applied on panoramic radiographs.     

Transfer and Distribution of Gunshot Residue through Glass Windows

Research into the deposition patterns of primer gunshot residue (GSR) beyond a primary target was previously nonexistent. This study aimed to determine the deposition patterns of GSR once a bullet passed through an initial target and continued on its path into additional targets. Multiple repetitions were performed to assess the GSR deposition patterns after a bullet was shot through a closed window into either a dummy or a wall within an enclosed room. Samples were taken from both the primary and secondary target holes as well as from nontarget areas. Significant amounts of GSR were found on all samples. The results show that GSR continues to be deposited along the path of the bullet after passing through a primary glass target. These findings reiterate the lack of probative value in collecting GSR samples from gunshot victims even if they are in an enclosed area separate from the shooter.     

On Myth,Considered as a Method for Legal Thought

The textual form of law relates to language and not to narration but to myth. Law's text does not develop in the temporal sequence of past-present-future, but spreads by analogy of concentric circles. If ‘normal’ myth is a folklore of people then the law is a myth retold by lawyers. For the sake of separation of legal myth from mythology as a whole, law creates its own rituals. In post-modern societies the mythologization of law becomes even more important as the boundaries between legal and lay communities are challenged. Classical legal theories cannot deal with this change and Kafka's The Trial is as good a jurisprudence as any other legal theory. This revised version was published online in November 2006 with corrections to the Cover Date.     

用SEM观察真皮浅层微小刺伤的研究

本文报道了一种用酶水解表皮与真皮的连接,然后用扫描电镜观察微小损伤在真皮乳头层的损伤特点的新方法。研究结果表明,这种方法有利于微小刺伤的鉴定,并提供一些具体的鉴定指标。