21世纪行政法背景下的公众参与

公众参与机制是现代行政法的核心内容.就理论层面而言,该制度所包含的内在价值与共和、自由、法治之间存在着紧张关系.就实践层面而言,该制度也存在参与不足与参与过度的问题.国外公共参与制度的发展为我们提供了有益的借鉴,为重构公共参与机制提供了新的视角.     

对公安院校射击教学课的思考

射击课是公安院校的一门必修专业技能课。结合多年的各种教学改革尝试,对比教学效果,加强学习目的教育,提高学生学习的自觉性,使学生切实认识到掌握射击技能再实际工作中的重要性,提高教学质量。     

Pulmonary Cement Embolism After Kyphoplasty

Pulmonary polymethylmethacrylate (PMMA) cement embolism after kyphoplasty (KP) surgery is a quite frequent event as well as the pulmonary embolization of central venous catheter fragment. This report shows the case of a subject who, after KP, developed pulmonary embolism and who underwent thoracic surgery. After hospital discharge, the subject advanced a claim for damages toward the hospital where he was operated, complaining sensation of tenderness at the chest surgical scar and esthetic damage. To understand the nature of the embolism (either central venous catheter fragment or cement), chemical investigations were then ordered. Spectrometry identified the PMMA cement used for KP. When doubts rise about the origin of the embolized material, chemical investigations may reveal important data not only for clinical but also for forensic purposes.     

Transformation of African armies through emphasis on education rather than training during the post-conflict,reconstruction and development phase

It is a recognised universal norm that the role of senior military officers in the decision-making process of a country emerging from conflict, remains high. This is because the unease of the still-fragile, democratic civilian structures needs time and a peaceful environment to reclaim their political space and become assertive. The result of this skewed politico-military relationship has, however, shown that during this period of military policy dominance, decisions taken tend to be aggressive and concerned with the short term, and are generally uninformed by other prevailing worldviews. They are therefore detrimental to national security and stability. The most illustrative example has been during the Third Reich in Germany, when decisive decision-making by the German Reichswehr Officer Corps culminated in catastrophe for that country in 1918 and 1945. On the African continent, in the last decade, both the United Nations and the Africa Union have recognised that the role of the military in national affairs has reversed peaceful settlements, as a consequence of a lack of tolerance, conceptually remaining locked in the era of conflict. To reverse the trend, before 2005/6, the UN and AU embarked on intense debate and adopted policy recommendations designed to enhance peace building in the post-conflict phase. The result was the adoption of the UN 2005 Peace-building Commission and the AU’s 2006 Post Conflict and Reconstruction (PCRD). The purpose of this article is to raise awareness and advocate an emphasis on education, rather than training, for the Officers Corps and their armies on the continent. This should begin the peaceful transformation which has remained elusive since the end of the Cold War in the 1990s.     

Determination of vehicle speed from recorded video using the open-source software Kinovea

Video devices of different kind often record traffic accidents, including vehicle-pedestrian collisions and hit-and-run accidents. In these cases, the vehicle speed is valuable information because it can assist the investigators in an accident reconstruction. This paper examines the use of Kinovea, an open-source video annotation tool designed for sport analysis, to estimate vehicle speed in forensic videos. Kinovea does not require a complex methodology, and it can be used to make the calculation easily. A series of vehicle driving experiments using an appropriately calibrated speed radar system (so called Scout Speed) were carried out, and measurements were compared with the estimated speed. In controlled conditions, the comparison of Scout reference speed and calculated average vehicle speed by means of Kinovea found an average difference of 0.43 km/h, with a margin of error of ±0.64 km/h. In addition, further preliminary tests were carried out to check the reliability of the measurements under lower resolution conditions. Also, in these cases the calculations were in line with the ground truth. Therefore, in the tested conditions, Kinovea demonstrated to be an easy and reliable tool available for forensic video examiners. Further tests need to be conducted in order to address the applicability of the measurement technique with true CCTV/surveillance video recordings.     

Mapping the knowledge of traffic collision Reconstruction: A scientometric analysis in CiteSpace,VOSviewer, and SciMAT

Traffic collisions are incidents with high fatality rate which generate billions of US dollars of loss worldwide each year. Post-collision scene reconstruction, which involves knowledge of multiple disciplines, is an important approach to restore the traffic collision and infer the cause of it. This paper uses software CiteSpace, VOSviewer, and SciMAT to conduct a visualization study of knowledge mapping on the literature of traffic collision scene reconstruction from 2001 to 2021 based on the Web of Science database. Knowledge mapping is a cutting-edge research method in scientometric, which has been widely applied in medicine and informatics. Compared with traditional literature review, knowledge mapping with visual techniques identifies hot keywords and key literature in the field more scientifically, and displays them in schematic diagrams intuitively which allows to further predict potential hotspots. A total of 803 original papers are retrieved to analyze and discuss the evolution of the field in the past 20 years, from macro to micro, in term of background information, popular themes, and knowledge structure. Results indicate the number of publications in this field is limited, and collaborations among authors and among institutions are insufficient. In the meantime, mappings imply the top three hot themes being scene reconstruction, computer technology, and injuries. The introduction of AI related technologies, such as neural networks and genetic algorithms, into collision reconstruction would be a potential research direction.     

骗用贷款罪的解构性思考

《刑法修正案(六)》生效后,我国在贷款类犯罪中增设了骗用贷款罪。该罪弥补了贷款类犯罪的漏洞,也显现出高利转贷罪的多余。骗用贷款罪和贷款诈骗罪可以很好地规范贷款行为。高利转贷罪、骗用贷款罪、贷款诈骗罪在获取银行或者其他金融机构贷款时都是使用的非法手段,那么合法取得贷款后,非法使用的,也应该根据行为人的客观行为进行定罪。     

论中国犯罪构成体系的重构——以刑事一体化为视角

犯罪构成体系既是刑法中的犯罪构成体系,又是刑事程序运作中的犯罪构成体系,故应该从刑事一体化的视角来重构我国现行犯罪构成体系。犯罪构成体系应由积极的犯罪构成要件与消极的构成要件构成,其中,积极构成要件包括：危害行为及其程度、罪过、危害行为能力;消极构成要件包括：法定的正当化行为和超法规的正当化行为。     

小额诉讼程序的立法反思与制度重构

2012年民事诉讼法修订新增第162条规定小额诉讼程序,此举被普遍认为是小额诉讼程序在我国正式确立的标志。但是,仍有多数法院对小额诉讼案件受理数保留着"零"的纪录。本文从司法实践角度对存在的问题进行立法反思,并提出制度重构的建议。     

The impact of force,time, and rotation on the transfer of ammonium nitrate: A reductionist approach to understanding evidence dynamics

Empirical studies evaluating the conditions under which the transfer of forensic materials occurs can provide contextual information and offer insight into how that material may have been transferred in a given scenario. Here, a reductionist approach was taken to assess the impact of force, time, and rotation on the transfer of an explosive compound. An Instron ElectroPuls E3000 material testing instrument was used to bring porous and non-porous surfaces adulterated with an ammonium nitrate into direct contact with a human skin analogue, controlling for the force of contact, duration of contact, and rotation applied during contact. Quantifiable amounts of ammonium nitrate were recovered from all of the recipient surfaces demonstrating that ammonium nitrate is readily transferred from one surface to another, even when contact occurs for a short duration with a relatively low force. More particulates were transferred from non-porous surfaces onto the human skin analogue, but the amount of ammonium nitrate transferred did not depend upon the force of contact, duration of contact, or the amount of rotation applied. However, when contact occurred and involved rotation, a greater transfer of ammonium nitrate was observed, compared to those contacts occurring without rotation being applied. This approach complements more commonly-used holistic experiments that test multiple interacting variables in a realistic setting by isolating these variables, allowing them to be examined individually. This can be utilised to better understand the individual impact that specific variables have on the transfer of trace evidence in relevant crime reconstruction contexts.