我国刑事起诉制度的反思和重构——从自诉制度的改革看起诉制度的重构

我国刑事起诉制度一直采用“公诉为主，自诉为辅”的模式，这种模式一直被学界和司法部门所肯定，尤其是自诉制度存在积极价值。然而随着社会的发展，两种起诉方式并存模式的合理性，学界司法部门应该进行深刻的反思和检讨。通过分析自诉制度的弊端，笔者认为应当废除自诉制度，将自诉制度的优点纳入到公诉程序之中，实行公诉垄断主义的追诉模式，从而更加有力的打击和惩罚犯罪。     

香港民事诉讼制度改革之回顾与前瞻

香港的民事司法改革历时十年,彰显了民事司法理念的深度变迁,对民事司法制度的发展具有里程碑意义。新规则自2009年4月2日正式施行以来进展大致顺利,在克服诉讼拖延、促进和解、发展调解等方面取得了一定的成效,但改革终究不是一蹴而就的纸面化改造。在新制度与旧观念相互碰撞又各自发挥作用的时期,如欲推翻法律职业者乃至普通民众的思维定势,变革深埋于制度底层的文化样态,其中的困难同样是显而易见的。     

手枪训练检查器在警察手枪射击教学中可行性研究

运用套叠式手枪基础训练检查器(专利号CN200420054786.7)在南京森林公安高等专科学校2006级警察战术与指挥专业(特警班)射击课中运用,随机抽取50名学生为样本,分为对照组与实验组。结果表明,手枪基础训练检查器在射击课教学中操作简单、方便教学,实验班射击技能成绩优于对照班的学生。     

破产企业单位社区再造的治理路径研究——以成都市L社区为例

社会基层治理是国家治理的微观基础,城市社区是社会的基本单元.我国城市单位社区是城市社区的重要组成部分,因地制宜探索城市单位社区治理模式有利于完善城市社区建设、健全社会治理体制、提升国家治理能力.成都市L社区为破产企业单位社区,其治理以党建引领为核心,以共建共治共享为导向,以社区再造为路径,形成了"党委领导、政府负责、社...     

薄层螺旋CT扫描在肋骨骨折法医学鉴定中的应用分析

目的 明确薄层螺旋CT扫描及其图像后处理功能对肋骨骨折的诊断价值.方法 取2018年在本鉴定所进行肋骨骨折摄片复查的被鉴定人为研究对象,年龄为41～80岁,共计125例,所有对象均在本鉴定所进行薄层螺旋CT扫描,根据现场CT影像学检查进行图像后处理并作出诊断,采用卡方检验对相关数据进行分析.结果 本所复查的案例中,64...     

Postmortem chest computed tomography for the diagnosis of drowning:a feasibility study

It may be difficult to distinguish the cause of death in drowning cases without specific findings. The aim of this study was to explore the forensic value of thoracic postmortem computed tomography (PMCT) using routine images and three-dimensional (3D) image reconstructions. The imaging data of PMCT examinations of six drowning cadavers, aged 21–54 years, were analyzed. Twelve victims of sudden death from coronary artery disease (CAD) were chosen as a control group. After 3D bilateral lung images were reconstructed using image processing software, an interactive medical image control system was used to measure and analyze parameters including lung volume, lung volume ratio, mean CT value of the whole lung, and lung CT value distribution curves. Lung volume and lung volume ratio were used to assess the shape changes of the lung. Lung CT value distribution curves showed the corresponding number of pixels of the different CT values in the lung image. Lung volume was not significantly larger in drowning cases (mean 2 958 cm³) than in controls (mean 2 342 cm³). Lung volume ratio values in the drowning group (mean 0.3156) were greater than those in the control group (mean 0.2763); (P = 0.02). There was no significant difference between the drowning and control group in the mean CT value of the whole lung. There were differences between lung CT value distribution curves in drowning victims and controls, with drowning victims showing a single peak and CAD cases showing a bimodal distribution. Thoracic PMCT is helpful for the forensic medical diagnosis of drowning. Lung volume ratio and lung CT value distribution are potential indicators to distinguish between drowning and CAD.     

The Accuracy and Repeatability of Reconstructing Single Bullet Impacts Using the 2D Ellipse Method

When a bullet punctures a surface, it leaves behind a bullet impact, which can be analyzed in order to determine the origin and trajectory path from which a bullet was discharged using many different scientific methods to reconstruct a shooting scene. The purpose of the research was to test the accuracy and repeatability of reconstructing the impact angle of single bullet impacts using the ellipse method. The research was conducted by firing various calibers of ammunition into drywall panels positioned at varying angles of incidence from 88° until ricochet occurred. This was done in order to determine which caliber type and angle of incidence are most accurate and precise for reconstructing a shooting scene. The study examined four caliber types fired into drywall panels, with 5 repeated shots for each of the 11 angles of incidence (n = 220). Furthermore, 31 participants partook in the study to estimate a bullet impact angle of incidence utilizing the ellipse method. The results show that the best performance (accuracy and repeatability) is seen with the measurements of the 0.45 caliber ammunition. When angle of incidences is low (<64°), the performance (accuracy and repeatability) was seen to be better in all caliber ammunitions. Overall, the data provided for single bullet impacts deposited in drywall show that the ellipse method is useful in providing measurements for most crime scene reconstruction purposes and has also demonstrated that results vary depending on the type of ammunition, firearm, and angle of incidence being examined.     

Uncovering land tenure insecurities: tips for tenure responsive land-use planning in Ethiopia

Land-use planning, although a mechanism for development, can also generate insecurity during its implementation. This article argues that tenure security and land-use planning should not be implemented in isolation from each other. It posits that land-use planning – rather than restricting the security of people's tenure – has the potential to serve as a means of securing tenure. The article explores tenure (in)security elements in land-use planning as a crucial challenge in the urban town of Gelan Sidama Awash, Ethiopia. Using data collected through stakeholders’ interviews, it uncovers their tenure security challenges, and outlines a set of measures for enhancing tenure security through land-use planning.     

‘Flat and fabulous’: women’s breast reconstruction refusals post-mastectomy and the negotiation of normative femininity

The ‘pinkification’ of breast cancer culture in recent years conflates women’s empowerment with the celebration of hyperfemininity. Consistent with this trend, reconstructive surgery post-mastectomy is increasingly normalised: restoring the breasts is to restore ‘lost’ femininity. Contextualised within the pressures of this normalisation, our article explores how women who decide against breast reconstruction negotiate their non-normative ‘flat’ bodies. We examine women’s posts in a breast cancer forum about their refusals of breast reconstruction. Using thematic and feminist post-structuralist analyses, we suggest that although health and body acceptance discourses enable resistance to embodied femininity norms, pressures to conform permeate practices related to appearance. Clothes and prosthetic breasts enabled forum participants to pass as ‘healthy’, ‘whole’, and ‘recovered’. The study’s findings emphasise the limitations to agency and resistance that emanate from the ways constraining gender discourses infiltrate every aspect of a woman’s life. In line with a critical awareness approach to breast cancer education, we discuss the possibilities of resistance afforded by the safe spaces of online communities.