论跨境环境损害民事责任的法律适用——以冲突规范为研究对象

作为统一实体法规范的国际环境民事责任公约在高度危险活动领域如核能利用、石油污染等发挥着巨大作用,但对于一般环境损害未做任何规定,因此,需要由国内冲突法规范加以调整。由于传统的调整方法——侵权行为地法很难解决当今环境损害中的所有问题,笔者以为在继续追求冲突法正义的同时也应顾及到索赔主体实体利益的保护,于是,有必要考虑新的系属公式如当事人合意选择的法律、对受害人有利的法律等。但仍应赋予侵权行为地法最重要的地位,同时采用选择性冲突规则。     

Allele frequencies for nine STR loci (D3S1358, vWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317, D7S820) in the Italian population

Genotype and allele frequencies for STR loci D3S1358, vWA, FGA, D8S1179, D21S11, D18S51, D5S818, D13S317, D7S820 were investigated in 289 unrelated Italian Caucasian individuals from the North and South regions. After co-amplification by polymerase chain reaction, automatic DNA profiling of these nine STR loci was performed by ABI PRISM((R)) 310 DNA Genetic Analyzer. For each locus, statistical parameters for forensic and paternity purposes were then calculated; the combined power of discrimination and the combined power of exclusion of all nine loci were 0.9999999999917 and 0.99992 for the Northern population and 0.9999999999921 and 0.99991 for the Southern population.     

STR data for the 15 AmpFlSTR identifiler loci in the Western Romanian population

Allele frequencies for the 15 tetranucleotide short tandem repeat loci contained in the AmpFlSTR Identifiler kit were obtained from a population sample of 219 unrelated individuals born in the western part of Romania.     

Population substructure can significantly affect reliability of a DNA-led process of identification of mass fatality victims

Aiming to evaluate the effects of population substructure on the reliability of a DNA correspondence in the process of human identification, we used the model of "in silico" constructed populations with and without substructure. Effects of population substructure were evaluated at the level of locus heterozygosity, Hardy-Weinberg equilibrium and mini-haplotype distribution. Inbreeding in a subpopulation of 100 individuals through 10 generations did not significantly alter the level of heterozygosity and Hardy-Weinberg equilibrium. However, analysis of mini-haplotype distribution revealed a significant homogenization in separated subpopulations. Average observed mini-haplotype frequency (f(o)) increased to threefold from expected values (f(e)), and the number of mini-haplotypes with f(o)/f(e) above 10 increased over sixfold, suggesting that the effects of population substructure on calculated likelihood ratios (LR) might be larger than previously estimated. In most criminal cases, this would not represent a problem, whereas for identifications in large-scale mass fatality events, population substructure might considerably increase the risk of false identification.     

Recovery of Environmental Human DNA by Insects*,†

Abstract: We tested the hypotheses that foraging insects can acquire human DNA from the environment and that insect‐delivered human DNA is of sufficient quantity and quality to permit standard forensic analyses. Houseflies, German cockroaches, and camel crickets were exposed to dusty surfaces and then assayed for human mitochondrial and nuclear loci by conventional and qPCR, and multiplex STR amplification. Over two experiments, 100% of insect groups and 94% of dust controls tested positive for human DNA. Of 177 individuals, 33–67% tested positive and 13 yielded quantifiable human DNA (mean = 0.022 ± 0.006 ng; mean dust control = 2.448 ± 0.960 ng); four had at least one positive allele call for one or more locus; eight others showed multiple peaks at some loci. Results imply that application to routine forensic casework is limited given current detection methodology yet demonstrate the potential use of insects as environmental samplers for human DNA.     

论不当得利冲突规范中的“发生地法主义”

单纯的不当得利发生地法主义,即以不当得利发生地为唯一空间连结因素的双边冲突规范,就立法沿革而言,只是个过时的立法主流;就立法模式而言,此项立法主义属传统冲突规范范畴,故带有传统规范自身无法克服的僵硬封闭之缺陷,需要借助共同属人法、法院地法、原因关系准据法来软化;而就其内涵而言,“不当得利发生地”这样的表达不够准确,其指向的连结点可以是损害发生地、利益获得地和原因事实发生地,而原因事实发生地最为合理。不当得利冲突规则至今在我国尚属立法空白,因此厘清不当得利发生地之内涵,并软化该连结点后,此项主义可为我国立法所用。     

Trace DNA Sampling Success from Evidence Items Commonly Encountered in Forensic Casework

Trace DNA analysis is a significant part of a forensic laboratory's workload. Knowing optimal sampling strategies and item success rates for particular item types can assist in evidence selection and examination processes and shorten turnaround times. In this study, forensic short tandem repeat (STR) casework results were reviewed to determine how often STR profiles suitable for comparison were obtained from “handler” and “wearer” areas of 764 items commonly submitted for examination. One hundred and fifty‐five (155) items obtained from volunteers were also sampled. Items were analyzed for best sampling location and strategy. For casework items, headwear and gloves provided the highest success rates. Experimentally, eyeglasses and earphones, T‐shirts, fabric gloves and watches provided the highest success rates. Eyeglasses and latex gloves provided optimal results if the entire surfaces were swabbed. In general, at least 10%, and up to 88% of all trace DNA analyses resulted in suitable STR profiles for comparison.     

基于二代测序的混合检材精细化分型研究

目的基于二代测序平台进行混合检材精细化STR分型,并评估其法医学应用价值。方法收集性侵案件中3例混合检材及其比对样本,采用M48磁珠提取纯化试剂盒提取样本DNA,使用Foren SeqTM DNA Signature Prep试剂盒制备文库,Mi Seq FGx平台进行测序,Foren SeqTM Universal Analysis v1.2.1软件进行数据分析,将STR序列多态分型与长度多态分型进行比较。结果对3例混合检材STR分型进行拆分,在D3S1358、D13S317与D9S1122基因座发现存在同一长度多态等位基因包含两个个体的序列多态等位基因的情况。结论二代测序技术可对混合检材进行精细鉴别,为混合分型数据拆分提供更多线索和依据。     

Focused Deterrence Strategies and Crime Control

Research Summary

Focused deterrence strategies are increasingly being applied to prevent and control gang and group‐involved violence, overt drug markets, and individual repeat offenders. Our updated examination of the effects of focused deterrence strategies on crime followed the systematic review protocols and conventions of the Campbell Collaboration. Twenty‐four quasi‐experimental evaluations were identified in this systematic review. The results of our meta‐analysis demonstrate that focused deterrence strategies are associated with an overall statistically significant, moderate crime reduction effect. Nevertheless, program effect sizes varied by program type and were smaller for evaluations with more rigorous research designs.

Policy Implications

The available empirical evidence suggests these strategies generate noteworthy crime reduction impacts and should be part of a broader portfolio of crime reduction strategies available to policy makers and practitioners. Investments still need to be made, however, to strengthen the overall rigor of program evaluations and improve our understanding of key program activities associated with observed crime reduction impacts.