关于票据利益返还请求权问题的几点思考

票据利益返还请求权并非一般的民事权利,而是票据法上的非票据权利。文章从理论和实务角度对票据利益返还请求权成立的条件、票据利益返还请求权的当事人、利益返还的范围、诉讼管辖以及时效等问题进行了分析梳理。对我国《票据法》相关条文存在的缺陷及其完善进行了分析探讨。     

法律父爱主义与专断医疗行为的正当化

刑法学界对专断的医疗行为正当化的理论根据存在"伤害说"和"非伤害说"的争议,但是无论基于何种立场均未能提供重要的理论支撑。社会个体由于获取信息的局限或者能力的欠缺在某些情形下无法形成有效的决定,国家基于法律父爱主义立场赋予的强制能够避免患者进一步损害自身利益,因而具有正当性的一面。在贯彻法律父爱主义的同时需要区分强制的程度,只是在当事人面对待决事项尚未行使有效同意,国家从最大限度地维护患者最佳利益出发才能作出干预的决定。因此,在刑法教义学视域,需要区分"患者或者家属能表达意志的场合"和"患者或家属不能表达意志的场合"对医生的专断医疗行为进行具体判断。     

Stability and Specificity of Counterfeit Protection System Code

In this study, the stability and specificity of a counterfeit protection system (CPS) code were determined. This research involved an analysis of a counterfeit protection system code unit over time using the pattern location measurement method. We collected 379 sample sheets from 196 printers or photocopiers, covering 14 original brands, including 129 models. There was an interval of at least two months between the collections of samples from each machine. Four types of characteristics were established: CPS pattern unit, distance of the CPS unit, position of dots, size and shape of the dot. Except for the partial changes in the Xerox brand, no other brand exhibited changes over time. This implies that the CPS characteristics are stable. Meanwhile, no correlation was noted between the combinations of the characteristic systems in the collected samples, which implied strong specificity.     

Determination of the Sequence of Intersecting Lines Between Toners and Seals by Laser Fluorescence Microscope

Fluorescence microscope is considered to be one of the most effective ways to examine the sequence of intersecting seal and toner lines of questioned documents. In reality, however, the toner (mainly divided into compact and noncompact toners) and seal of a questioned document have such a complex morphology and sequence of crossing lines that current methods cannot meet the requirement of practical document identification. In view of the challenges of document examination, a laser fluorescence microscope and method are developed in this study. The developed microscope provides additional functionality to traditional fluorescence microscopes of transmitted light modality, laser excitation, selectable excitation wavelength, and selectable fluorescence filters. The results obtained from the method of comparisons between transmitted light and fluorescence modalities were positive under most conditions, particularly for noncompact toner examination for which a 100% accuracy rate and 90% detection rate were achieved in blind testing.     

Capitalizing on Criminal Accomplices: Considering the Relationship between Co-offending and Illegal Earnings

This study investigates whether co-offending offers an avenue towards criminal success. Specifically, it considers if current and prior co-offending experience is related to the probability of reporting illegal earnings as well as the amount of these earnings. Using data from the Pathways to Desistance Study, we estimated fixed-and random-effects models to test whether co-offending experience is related to self-reported illegal earnings. The models also estimated whether “historical” co-offending experience predicted current illegal earnings. Across both modeling strategies, current and historical co-offending predicted the probability of reporting non-zero illegal earnings, net of offending frequency and controls. There is minimal evidence of a relationship between co-offending experience and the amount of illegal earnings, however. These findings lead us to conclude that access to a relatively common criminal connection—the co-offender—offers tangible benefits to adolescent offenders, primarily by affecting their ability to translate criminal opportunities into monetary gain.     

Animal abuse proclivity: behavioral,personality and regulatory factors associated with varying levels of severity

ABSTRACT

To date, research into adult-perpetrated animal abuse has consisted of studies using forensic and psychiatric samples. Given that animal abuse goes largely unreported, it is unclear whether the findings from the current literature are generalizable to unapprehended, undetected abusers in the community. However, the emergence of proclivity methodologies fills this gap by examining the relationships between animal abuse propensity and factors such as empathy, attitudes towards animals and antisocial behavior. The current study aimed to extend this literature by examining further individual-level variables (i.e. personality traits) and behavioral factors as correlates of animal abuse proclivity and as a function of varying levels of animal abuse severity (e.g. neglect versus severe violence). One hundred and fifty participants took part in this correlational study. We found low extraversion, agreeableness, neuroticism, anger regulation, and illegal behavior to be significant factors related to animal abuse proclivity. We also found low extraversion, anger regulation, and illegal behavior to be significant factors across varying levels of animal abuse severity, but low neuroticism to be a unique factor related to less severe forms of animal abuse proclivity. These findings are further discussed in light of their theoretical and treatment implications.     

Narcotics and Drug Abuse

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice saw drugs as a modest but growing problem for the criminal justice system. The reemergence of heroin occupied the Commission's attention. Many recommendations are admirable, such as a focus on public health interventions and a concern about the appropriateness of criminal prohibitions on marijuana use. Throughout the past 50 years, the problem has both massively expanded and changed in many ways; the principal drug of abuse has shifted multiple times, as has the populations most affected by them. Policy, largely stuck on tough enforcement for 30 years, is now moving in a direction more consistent with the Commission's views. Researchers have made only modest advances in understanding what enforcement can do to reduce drug use and related problems, but society has made some progress in developing interventions that have both a sound theoretical base and the promise of avoiding the unintended negative consequences of the highly punitive system of the 1980s and 1990s. A Commission in 2018 would face a much different and larger problem that has transformed many aspects of criminal justice. Investing in more data collection and evaluation research would be among its major recommendations, as would an admission of considerable uncertainty about what to do with the latest twist in the U.S. drug problem, the addition of the much more dangerous fentanyls.     

Ink dating,part I: Statistical distribution of selected ageing parameters in a ballpoint inks reference population

The development of ink dating methods requires an important amount of work in order to be reliably applicable in practice. Major tasks include the definition of ageing parameters to monitor ink ageing. An adequate parameter should ideally fulfil the following criteria: it should evolve as a function of time in a monotonic way, be measurable in a majority of ink entries, be as accurate and reproducible as possible, and finally it should not be influenced too much by transfer and storage conditions. This work aimed at evaluating the potential of seven ageing parameters for ink dating purposes: the phenoxyethanol quantity, relative peak areas (RPA), three solvent loss ratios (R%, R%*, NR%) and two solvent loss parameters (R_NORM, NR_NORM). These were calculated over approximately one year for 25 inks selected from a large database to represent different ageing behaviours. Ink entries were analysed using liquid extraction followed by GC/MS analysis. Results showed that natural ageing parameters (NR% and NR_NORM) were not suitable ageing parameters for ink entries older than a few weeks. RPA used other compounds present in ink formulations in combination to PE in order to normalise the results. However, it presented particular difficulties as they could not be defined for all inks and were thus applicable only for 64% of the studied inks. Finally, the PE quantity, R% and R_NORM allowed to follow the ageing of the selected inks over the whole time frame and were identified as the most promising. These were thus selected to test three different interpretation models in the second part of this article. The possibilities and limitations of ink dating methods will be discussed in a legal perspective.     

UNCITRAL文书草案对承运人制度的发展与不足--兼评我国海商法的完善

国际海上货物运输法律制度很不统一,UNCITRAL为统一海上货物运输法拟定了一个文书草案(UNCITRAL[全程或部分途程][海上]货物运输文书草案).在该草案中,借鉴了相关的国内立法,吸纳了先进的立法规定.但是作为妥协的产物,必然存在着在一些不足.文章从承运人(契约承运人)和实际承运人的主体识别角度,对该草案的相关制度略加探讨,同时,也对我们国家的海商法提出完善的建议.     

律师阅卷难的法理分析及其立法建议

本文针对律师阅卷难的问题对全案移送制度及垄断证据的检察特权进行了法理分析;并在此基础上提出了全案移送检察院法院的“双轨制”,并对保障律师司法建议权提出了自己的看法。