行政诉讼中“和解协议”制度分析——制度比较和构建的视角

行政诉讼和解的目的在于节省司法资源,尽快结束诉讼,这符合构建和谐诉讼的理念。和解协议在性质上既具有行政法上的性质,又具有诉讼法上的性质。经确认的和解协议具有与生效判决相同的效力。当和解协议存在瑕疵时,结合我国行政诉讼法的立法现状,通过再审来启动救济程序。     

对公安机关可持续提升警力的思考

警力不足不仅严重制约着公安职能的充分发挥,危及公安机关的社会声誉,影响公安事业的可持续发展,而且在一定程度上损害着广大基层民警的身心健康与干事创业激情,从整体上削弱公安队伍的战斗力、凝聚力与向心力。针对当前警力不足的现实,必须采取有效措施予以矫正,以切实提升警力,不断开创公安工作新局面。     

Macroscopic and microscopic analysis of knife stab wounds on fleshed and clothed ribs

Stab wounds upon bone are analyzed to interpret the weapon used and the physical context in which the attack occurred. The literature demonstrates that most research conducted pertaining to wound patterns has been carried out on defleshed and unclothed bone samples, not adequately replicating actual circumstances. For this research, six half pig torsos (Sus scrofa), fleshed (including muscle, fat, epidermis, and dermis layers) and clothed, were stabbed using three knife types, applying both straight and downward thrusts. Analysis conducted macroscopically and through a scanning electron microscope with an environmental secondary electron detector revealed a general lack of consistency in wound pattern and associated secondary effects. Consequently, it was not possible to establish wound pattern per knife type as suggested in previous research or relate it to stab motion. Advantage of microscopic analysis was evident in recognizing wound traits and observation of trace evidence not visible macroscopically.     

Further investigations into the speed of cerebral swelling following blunt cranial trauma

An anesthetized sheep model of traumatic brain injury (TBI) has been developed to assess early changes in intracranial pressure (ICP) following closed head injury. Immediately after TBI, a transient (<10 min) hypertensive response occurred, followed by significant and prolonged systemic hypotension. ICP demonstrated a biphasic response, being seven times baseline values of 8 ± 2 mm Hg 10 min after injury, decreasing to 25 ± 2 mm Hg by 30 min, and then increasing to values exceeding 30 mm Hg by 4 h postinjury. ICP was always significantly higher than baseline values, which combined with hypotension, reduced cerebral perfusion pressure to less than 60% of normal. This early and sustained increase in ICP after craniocerebral trauma acutely alters cerebral perfusion pressure and brain oxygenation and provides a potential pathophysiological explanation for immediate clinical manifestations in humans following significant TBI.     

论加密技术对电子邮件证据力的影响

司法实践中电子邮件加密方法主要有对称密钥加密与非对称密钥加密两类,结合数字认证、数字签名等辅助加密技术,可以相应提高加密级别,增加电子邮件安全性。一般而言,加密电子邮件可靠性要高于非加密电子邮件,加密电子邮件证据能力受解密程序影响。电子邮件证据证明力受加密方法、行为人对电子邮件控制程度等因素影响。电子邮件证据证明力随加密级别的提高而提高。     

Observational Case Series: An Algorithm Incorporating Multidetector Computed Tomography in the Medicolegal Investigation of Human Remains after a Natural Disaster

An algorithm incorporating multidetector computed tomography (MDCT), digital radiographs, and external examination was used to triage cases for noninvasive or complete autopsy after a natural disaster. The algorithm was applied to 27 individuals who died during or soon after the earthquake that struck the Republic of Haiti on January 12, 2010. Of the 27 cases reviewed, 7 (26%) required a complete autopsy to determine cause and manner of death. In the remaining 20 (74%), cause and manner of death were determined with a reasonable degree of medical certainty after review of circumstances, an external examination, and postmortem imaging by MDCT and digital radiography (noninvasive autopsy). MDCT was particularly useful in detecting skeletal fractures caused by blunt force injury which were not evident on digital radiographs. The algorithm incorporating postmortem MDCT can be useful in the triage of human remains for autopsy after a natural disaster.     

Digital humanities and the history of working women: a cascade

In this introduction to the special issue on ‘Women's work in changing labour markets’, we argue that a combination of digital advances, notably the digitization of individual- and contextual-level data, the creation of internationally comparable occupation-based classifications, and the development of statistical models allowing for contextually informed analysis, has brought us to the brink of new developments in the field of women's work. Census and vital registration data contain more information on occupations of women than previously thought, and when used in combination with other digitized sources they allow one to assess the possible under-registration of women's work, as illustrated by some of the contributions to this special issue. Other contributions show how standardizing occupation-based classifications allows for temporal and regional comparisons of women's work and makes it feasible to study how community or regional characteristics influence that work. None of these developments – large-scale digitization of individual-level data, standardization of occupational titles and measures of stratification, and contextually informed analyses – is completely new; in some cases they are actually rooted in a venerable research tradition. However, in combination they might well constitute a cascade in the history of working women.     

论医疗事故技术鉴定意见的证明力及存在的问题

符合法律规范的医疗事故技术鉴定意见在行政处理医疗纠纷上具有证明力,可以从鉴定人资格和条件、鉴定程序和方法等方面予以印证。但当其作为诉讼中的法定证据鉴定意见使用时,其证据力方面还存在一定问题,尤其与新修订的《民事诉讼法》存在不一致,应予完善,以提高其证据力。     

Do bone elasticity and postmortem interval affect forensic fractographic analyses?

Forensic fractographic features of bone reliably establish crack propagation in perimortem injuries. We investigated if similar fracture surface features characterize postmortem fractures. Experimentally induced peri- and postmortem fractures were used to assess if fractographic features vary as bone elasticity decreases during the postmortem interval (PMI). Thirty-seven unembalmed, defleshed human femoral shafts from males and females aged 33–81 years were fractured at varying PMIs with a drop test frame using a three-point bending setup and recorded with a high-speed camera. Vital statistics, cause of death, PMI length, temperature, humidity, collagen percentage, water loss, fracture energy, and fractography scores were recorded for each sample. Results showed that fractographic features associated with perimortem fractures were expressed in PMIs up to 40,600 accumulated degree hours (ADH), or 60 warm weather days. Hackle was the most consistently expressed feature, occurring in all fractures regardless of ADH. The most variable characteristics were wake features (78.4%) and arrest ridges (70.3%). Collagen percentage did not correlate strongly with ADH (r = −0.04, p = 0.81); however, there was a strong significant correlation between ADH and water loss (r = 0.74, p < 0.001). Multinomial logistic regression showed no association between fractographic feature expression and ADH or collagen percentage. In conclusion, forensic fractographic features reliably determine initiation and directionality of crack propagation in experimentally induced PMIs up to 40,600 ADH, demonstrating the utility of this method into the recent postmortem interval. This expression of reliable fractographic features throughout the early PMI intimates these characteristics may not be useful standalone features for discerning peri- versus postmortem fractures.     

Situational factors and police use of force across micro-time intervals: A video systematic social observation and panel regression analysis

The current study analyzes police use of force as a series of time-bound transactions between officers, civilians, and bystanders. The research begins with a systematic social observation of use-of-force events recorded on police body-worn cameras in Newark, New Jersey. Researchers measure the occurrence and time stamps for numerous participant physical and verbal behaviors. Data are converted into a longitudinal panel format measuring all observed behaviors in 5-second intervals. Panel logistic regression models estimate the effect of each behavior on use of force in immediate and subsequent temporal periods. Findings indicate certain variables influence use of force at a distinct point in time, whereas others exert influence on use of force across multiple time periods. The most influential variables relate to authority maintenance theoretical constructs. This finding supports prior perspectives arguing that police use of force largely results from officer attempts to maintain constant authority over civilians during face-to-face encounters. Nonetheless, a range of additional variables reflecting procedural justice, civilian resistance, and bystander presence significantly affect when police use force during civilian encounters. Results provide nuance to theoretical frameworks considering use of force as resulting from the interplay between officer and civilian actions and reactions.