派遣劳动者职务侵权时的雇主责任

派遣劳动者作为劳务派遣关系中的一方主体,在执行职务的过程中致人损害时我国现有的雇主责任规则难以适用,由此,在未来的侵权责任法中对其雇主责任应规定如下:在外部责任的承担上,派遣单位和要派单位承担连带赔偿责任。在内部责任承担上,派遣劳动者承担重大过错责任;派遣单位与要派单位有约定的依约定承担,无约定或约定不明时,派遣单位承担选任雇员的过错推定责任、要派单位承担无过错责任。     

钝力性心脏外伤38例尸检病理学研究

本文研究表明钝力作为原始致伤因素作用于胸部通过压、拉、剪切、旋转等可引起钝力性心脏外伤包括心脏震荡、心脏挫裂伤、心脏玻裂、心脏断离等原发性心脏外伤和继发性乃至迟发性心脏外伤，诸如外伤性心脏炎、冠脉血管炎、血栓形成、外伤性心肌梗塞、外伤性冠状动脉瘤、外伤性室壁瘤、迟发性外伤性心脏破裂等。致命性的心脏震荡，除急性冠循环障碍和心失常外，还可有心脏传导系统和神经组织损伤，尤其心肌肌膜爆裂（ｓａｒｃｏｌｅｍｍａｂｕｒｓｔ）及相应的原纤维膨出畸形变可以作为心脏震荡性外伤的形态学指证。外伤性心肌梗塞和迟发性外伤性心脏破裂以突然发生在外伤后的一定间隔期为特征，应予特殊注意．     

Death Due to Coronary Artery Insufficiency Following Blunt Trauma to the Chest

There have been numerous reports of sudden cardiac death following blunt trauma to the chest, but there is lack of such references in forensic literature. It is the court of law which makes decision about trauma precipitating natural events. The forensic pathologist is scientifically trained in the medical field and would be in a better position to give clear picture about the victim's general status at the time of death, exact nature and severity of the illness he is suffering from if any. He can also assess the nature and severity of injuries sustained, and thus, his opinion as to the possible role played by the traumatic event in bringing about the death is valuable. This paper will discuss the mechanism of cardiac injury or possible cardiac injury and sudden death of an apparently healthy 36‐year‐old male following blunt chest trauma sustained during alleged assault by his neighbor.     

Effects of kinetic energy and firearm-to-target distance on fracture behavior in flat bones

This research implements a fractographic approach to investigate the relationships between kinetic energy, firearm-to-target distance, and various aspects of fracture behavior in gunshot trauma. Gunshot experiments were performed on pig scapulae (n = 30) using three firearms generating different muzzle (initial) kinetic energies, including a 0.32 pistol (103 J), 0.40 pistol (492 J), and 0.308 rifle (2275 J). Specimens were shot from two distances: 10 cm (n = 15) and 110 cm (n = 15). Features evaluated in fractographic analysis such as cone cracks, radiating cracks, crack branching points, and circumferential cracks could be easily identified and measured in flat bones and allowed for statistical comparison of crack propagation behavior under different impact conditions. Higher-energy bullets produced more radiating cracks, more crack branching points, and longer fracture lengths than lower-energy bullets. Distance had no significant effect on fracture morphology at the distances tested. That quantitative measures of crack propagation varied with energy affirms that kinetic energy transfer is important in determining the nature and extent of fracture in gunshot wounds and suggests it may be possible to infer relatively high- versus relatively low-energy transfer using these features. Ranges obtained with the three firearms exhibited considerable overlap, however, indicating that other variables such as bullet caliber, mass, and construction influence the efficiency of energy transfer from bullet to bone. Therefore, fracture morphology cannot be used to identify a specific firearm or to directly reconstruct the muzzle (initial) kinetic energy in forensic cases.     

Missed Opportunities for Diagnosis of Post‐traumatic Thrombosis: A Case Series and Literature Review

Thrombosis is caused by abnormalities in the composition of the blood, the quality of the vessel wall, and the nature of the blood flow. Herein, we present four cases of fatal thrombus formation after a trauma, which were missed at clinical diagnosis as the symptoms were misinterpreted. We stress that a blunt trauma can be fatal because of its direct and indirect kinetic energy effects at the subacute phase. This report highlights the importance of considering thrombosis in the diagnosis of closed trauma, which is usually missed because of lack of awareness for early diagnosis and treatment or is detected too late for any therapeutic intervention, which can result in avoidable morbidity and mortality.     

The Power of Contextual Effects in Forensic Anthropology: A Study of Biasability in the Visual Interpretations of Trauma Analysis on Skeletal Remains

The potential for contextual information to bias assessments in the forensic sciences has been demonstrated, in several forensic disiplines. In this paper, biasability potential within forensic anthropology was examined by analyzing the effects of external manipulations on judgments and decision‐making in visual trauma assessment. Three separate websites were created containing fourteen identical images. Participants were randomly assigned to one website. Each website provided different contextual information, to assess variation of interpretation of the same images between contexts. The results indicated a higher scoring of trauma identification responses for the Mass grave context. Furthermore, a significant biasing effect was detected in the interpretation of four images. Less experienced participants were more likely to indicate presence of trauma. This research demonstrates bias impact in forensic anthropological trauma assessments and highlights the importance of recognizing and limiting cognitive vulnerabilities that forensic anthropologists might bring to the analysis.     

揭开雇主“替代责任”的面纱——兼论《侵权责任法》第34条之解释论基础

我国民法学界和立法机关的主流观点认为,雇主责任的性质是替代责任,这种看法并不合理。替代责任原理及规则渊源于英美普通法,其立基于近代手工业社会,反映了当时较为简单的雇佣关系。到了现代工业风险社会,随着企业规模的扩大和雇佣关系的复杂化,这一原理及规则不能为遭受企业活动侵害的受害人提供充分的法律保护,也不能为雇主积极履行义务提供法律上的激励机制。因此,使用替代责任原理并不能对《侵权责任法》第34条作出合理、妥当的解释。目前,英美法上的"企业责任理论"和德国法上的"组织过错理论"反映了比较法上雇主责任领域的最新发展趋势。     

The Effects of Sharp‐Force Thoracic Trauma on the Rate and Pattern of Decomposition

Given the multiple factors that may alter the rate of decomposition, one of the more difficult tasks that anthropologists and pathologists face is determining of the postmortem interval (PMI). While trauma has been widely accepted as being among those factors, recent published studies have contradicted this premise. However, major issues exist with these studies. Consequently, this study was designed to simulate a more realistic setting in an effort to settle this discrepancy in the literature. This study utilized eight porcine remains; three of which received incised wounds penetrating the thoracic cavity, three others received nonpenetrating wounds, and two were designated nontrauma controls. Measurements included evaluating the total body score (TBS) on temporal and accumulated degree days (ADD). Using a two‐way repeated measures ANOVA, the results of this study found that while trauma does have an influence in the pattern of decomposition, it does not influence the rate of decomposition.     

Helplessness and Hopelessness in Adolescents who Commit Sexual and Nonsexual Crimes

The authors’ purpose was to test the relationship of helplessness and hopefulness to experienced trauma, as well to explore the role of these emotions to sexual and nonsexual criminal behaviors among 332 residential youths adjudicated for sexual crimes. All subtypes of trauma measured were positively correlated with helplessness, whereas hopelessness was not associated with sexual or physical abuse. Helplessness was associated with the severity of sexual crimes, as well as the commission of multiple nonsexual crimes. Hopelessness was not associated to any sexual crime characteristics and only associated with general delinquency and property damage. In the regression models, controlling for trauma, helplessness predicted sexual and nonsexual criminality, and hopelessness predicted nonsexual criminality. Implications for practice, policy, and research are discussed.     

Judicial Educators’ Perspectives on Trauma Education for the Judiciary

Trauma and its impact on human development and functioning in the context of legal systems has been an important topic in judicial education for well over a decade. This brief report reviews key components of this work since approximately 2005, and presents the results of a 2018 ‐ 2019 survey with 250 judicial educators on the topics of trauma education for the judiciary and preferred teaching models. Results suggest that trauma is and will likely remain an important topic in judicial education for the foreseeable future. Further, results indicate that there are some common criticisms about current trauma education that should be considered in curriculum design and delivery, and that there is a general preference for team teaching approaches that include a strong peer‐to‐peer discussion component. Recommendations and considerations for judicial educators on the topic of trauma are also presented.