试论执法民警的人身权保障

近年来,全国各地屡屡发生执法民警遭受袭击事件,直接侵害了民警的人身权利,严重干扰了民警的执法工作。袭警案件的频发既有社会原因和行为人的原因,也有立法和司法的原因,还有公安机关及其民警自身的原因。因此,要有效打击袭警行为,确保民警人身权利,需要加大对袭警行为的制裁,需要营造良好的执法环境,需要公安机关对民警的关爱,需要民警自身素质的提高,杜绝野蛮执法。     

论行政诉讼受案范围

行政诉讼受案范围是行政法中一个极其重要的问题,长期以来一直是行政诉讼法学界的学者和法律实践者争论的内容。文章从我国行政诉讼受案范围的局限性和完善行政诉讼受案范围的设想进行探讨,以期为我国行政诉讼立法提供参考。     

关于日本实施的试验观察——日本社区防止青少年犯罪的实例

试验观察制度是由家庭法院来实施的,它是一种可以充分保障少年自由权的制度。不法少年在试验观察期间可以反省自己的问题,并通过自己的努力与周围的人和谐相处,尽量在观察期间表现良好来得到观察员的认可,从而达到回归社会的目的。     

浅议我国刑事立案程序存在的问题

立案程序是我国刑事诉讼的重要程序。但是,由于立法的一些缺陷,导致立案程序在实践中存在诸多问题,使立案程序的重要意义受到质疑。     

17例颈椎外伤合并颈椎退行性病变的伤病关系分析

目的研究颈椎外伤合并颈椎退行性病变的法医学鉴定案件特点,探讨如何利用临床资料,法医学检查和影像学检查等对损伤和病变参与程度进行认定等问题。方法收集17例颈椎外伤合并颈椎退行性病变的法医学鉴定案例,对其年龄分布、损伤方式、损伤程度、影像学表现等进行分析,综合评定伤病关系。结果 17例案件以中老年为主。所有案例均存在椎间盘突出,损伤以过伸性损伤为主。按照影像学表现,将损伤程度和脊椎退变程度进行分级,综合计算伤病参与程度。结论颈椎外伤合并颈椎退行性病变的法医学鉴定案件应综合运用临床资料、法医学体格检查和影像学检查结果进行评定。     

Supplementary markers for deficient immigration cases: Additional STRs or SNPs?

Analysis with commonly available STR kits can sometimes fail to produce sufficient information in immigration cases containing only one parent. In these cases, not only does paternity/maternity need to be assured, but also other possible relationships dismissed (e.g. avuncular relationships).We have taken more than 50 of these cases and investigated which type of additional marker produces the greatest benefits: 48 SNPs or 6 additional informative STRs (including 5 additional markers from the new European extended set). The results of this analysis show the SNPs to be of greater value.     

汉律中的县道官“断狱”权探析

县、道是汉代地方郡县二级制下平级的基础政区,县道官是县、道的行政司法长官,有广泛的刑事司法权,"断狱"权是县道官刑事司法权的核心部份。县道官"令、长、丞"有"断狱"权,他们对"死罪"、"过失杀"、"戏而杀人"案件有初审权,对非死罪案件有终审权;县道官"断狱"的法律程序包括"传《爰书》"、"讯鞫"、"论当"等部分;县道官"擅移狱"、"鞠狱故纵"、"不直"、"弗穷审"须承担刑事责任。汉代县道官"断狱"权的法律规定呈现出权责分明的总体特点。     

Use of the SIRS in Compensation Cases: An Examination of Its Validity and Generalizability

The Structured Interview of Reported Symptoms (SIRS; Rogers et al., Structured interview of reported symptoms (SIRS) and professional manual, 1992) is a well-validated psychological measure for the assessment of feigned mental disorders (FMD) in clinical, forensic, and correctional settings. Comparatively little work has evaluated its usefulness in compensation and disability contexts. The present study examined SIRS data from 569 individuals undergoing forensic neuropsychiatric examinations for the purposes of workers’ compensation, personal injury, or disability proceedings. Using bootstrapping comparisons, three primary groups were identified: FMD, feigned cognitive impairment (FCI), genuine-both (GEN-Both) that encompasses both genuine disorders (GEN-D) and genuine-cognitive presentation (GEN-C). Consistent with the SIRS main objective, very large effect sizes (M Cohen’s d = 1.94) were observed between FMD and GEN-Both groups. Although not intended for this purpose, moderate to large effect sizes (M d = 1.13) were found between FCI and GEN-Both groups. An important consideration is whether SIRS results are unduly affected by common diagnoses or clinical conditions. Systematic comparisons were performed based on common disorders (major depressive disorder, PTSD, and other anxiety disorders), presence of a cognitive disorder (dementia, amnestic disorder, or cognitive disorder NOS), or intellectual deficits (FSIQ < 80). Generally, the magnitude of differences on the SIRS primary scales was small and nonsignificant, providing evidence of the SIRS generalizability across these diagnostic categories. Finally, the usefulness of the SIRS improbable failure-revised (IF-R) scale was tested as a FCI screen. Although it has potential in ruling out genuine cases, the IF-R should not be used as a feigning screen.

Legal Outcomes of Suspected Maltreatment Cases Evaluated by a Child Abuse Pediatrician as Part of a Multidisciplinary Team Investigation

Child abuse pediatricians often carry the stigma that their sole role is to diagnose maltreatment. In reality, child abuse pediatricians use their clinical experience and current evidence-based medicine to make the best medical diagnoses for the children they evaluate. To better understand the legal conclusion of suspected maltreatment cases with medical examinations, this study sought to: (i) evaluate the percentage of children seen for suspected maltreatment that led to a clinical diagnosis of maltreatment, (ii) determine the number and type of criminal charges associated, and (iii) analyze the legal outcomes of cases as they proceeded through the judicial system. This study retrospectively reviewed the legal outcomes of 1698 children medically evaluated in 2013–2014 as part of an investigation by a multidisciplinary team at a children’s advocacy center in a mid-sized city in Oklahoma. Data were collected from electronic medical records, the district attorney’s office, and a public court docket. Of the original cohort, 477 (28.09%) children yielded a medical diagnosis of at least one type of maltreatment. Further analysis yielded 115 unique court cases involving 138 defendants and 151 children. A total of 286 charges were filed resulting in 190 convictions. While maltreatment allegations yield a high number of children that must be evaluated, a comprehensive medical evaluation helps determine which cases do not have sufficient medical findings for a diagnosis of maltreatment. The findings in this study indicate that a majority of suspected maltreatment cases seen by child abuse pediatricians did not result in criminal court outcomes.     

The Impact of Safe Harbor Legislation on Court Proceedings Involving Sex Trafficked Youth: A Qualitative Investigation of Judicial Perspectives

The passage of the Trafficking Victims Protection Act (TVPA) facilitated the conceptual shift in reframing youth involved in sex trafficking as victims, rather than criminals. Many states have passed legislation in the form of Safe Harbor laws to protect sex trafficked juveniles from criminal charges and provide rehabilitative services (Polaris, 2015). Nevertheless, limited research has examined the impact of Safe Harbor laws and the role juvenile and family court judges play in how minor victims of sex trafficking are treated by the court system. Consequently, the purpose of this qualitative study was to examine juvenile and family court judges’ knowledge and perceptions of Safe Harbor legislation and identify legal challenges when presiding over cases involving sexually exploited youth. Semi‐structured interviews were conducted with a national sample (N = 82) of family and juvenile court judges. Findings suggest that respondents perceive Safe Harbor laws to have positively affected both attitudes and practices, although several challenges and unintended negative effects were identified. Further, dispositional issues, difficulties with case identification, legal and policy issues, and challenges with interagency collaboration were identified as ongoing issues to address. Legal implications as well as practice and policy considerations based on the study findings are discussed.