信用证欺诈例外原则及其新发展

随着国际商贸活动的日益发展,信用证欺诈例外原则逐步确立和发展,并在防止信用证欺诈方面发挥了重要的作用。应该看到,作为信用证流通过程中所出现的欺诈例外原则在适用的过程中,由于其自身所具有的国际性,必然要考虑到世界范围内的统一性的问题。因此,在处理欺诈例外的案件过程中,我国应当不断借鉴国外行之有效的方法,密切关注国际商会的有关立场和动态,使我国的做法尽快与国际通行惯例接轨。     

在适应人类文明发展规律中拓展中国社会主义文明道路

社会主义文明必须遵循人类文明进程的基本规律。社会主义社会文明,是以物质文明、精神文明、政治文明为主体,以促进人的全面发展为实质和目标的文明进化过程。只有在人的全面发展基础上实现“三个文明”的有机统一,才是真正的高度文明的社会主义。     

Bring the party back in: Institutional design for ‘smart election fraud’

Autocrats face a dilemma. Continue with fraudulent electoral practices and risk revolt, or reduce fraud and risk losing elections. One solution is to structure electoral governance such that it allows for independence and professionalism at the center, lending credibility to the electoral process, and partisan local-level administration, enabling fraud at the micro level. Partisan poll workers can help deliver the vote by the use of ‘smart fraud’ – fraud that minimizes the risk of being caught and is used only when needed. In Armenia, the ruling party's vote share, as a proportion of all registered voters, increases with 2.5 percentage points in polling stations where the chairperson was randomly assigned to the ruling party. Fraud forensics suggests that one of the mechanisms behind this was falsification of the results protocol during the count. I conjecture that fraud is only used in high-stakes elections and that election observers are unable to detect it.     

OUT-OF-COURT STATEMENTS BY VICTIMS OF CHILD SEXUAL ABUSE TO MULTIDISCIPLINARY TEAMS: A CONFRONTATION CLAUSE ANALYSIS

Acknowledging the rapid growth of child sexual abuse in the United States, this Note advocates for the recognition of a limited exception to the blanket-hearsay ban on out-of-court statements made by unavailable declarants set out by the Supreme Court in Crawford v. Washington . In order to protect a criminal defendant's Sixth Amendment confrontation right, Crawford requires that hearsay evidence that is "testimonial" in nature be deemed inadmissible if the witness is unavailable and the defendant does not have a prior opportunity to cross-examine the witness against him. However, Crawford noted that, where nontestimonial hearsay is at issue, cross-examination may not be necessary. Accordingly, where a child sexual abuse victim makes statements during a structured or semi-structured forensic interview to a member of a multidisciplinary team, these statements should be deemed nontestimonial and thus admitted into evidence, without requiring cross-examination of the child. Allowing for this exception to the general hearsay ban in Crawford is not only consistent with current precedent, but it is also warranted to promote public policy and to curb the negative impact such abuse has on society.     

信用证诈骗罪的主要客体初探——以2007年民事诉讼法修正案为对象

信用证诈骗罪的客体是复杂客体,对此我国刑法学界并无异议,但是对于该罪的主要客体则有不同观点。一种认为主要客体是信用证管理制度,理由是金融秩序是整个经济秩序的核心。另一种观点对信用证管理制度说提出批评,并认为主要客体应该是公私财产所有权。刑法理论中的主要客体认定标准是立法者保护的社会关系的侧重点。公私财产所有权说对信用证管理制度说的批评不能成立,其对自身观点的论证也缺乏说服力。因此,信用证管理制度说应当获得肯定。     

Morbidity Involving the Hallucinogenic Designer Amines MDA and 2C‐I*

Abstract: A case is presented of a 39‐year‐old woman who suffered severe debilitation because of a hemorrhagic stroke in the context of substance abuse. The patient presented to the emergency room with rapidly diminishing mental status, hypertension, and vasoconstriction; her friends provided a history of ingestion of cocaine, 3,4‐methylenedioxymethamphetamine (MDMA), and 2C‐I, a novel designer amine. A multi‐targeted LC‐MS/MS method for sympathomimetic amines and related drugs in urine detected and quantified 2C‐I and MDA, while ruling out MDMA. The cause of the stroke was determined to be an underlying cerebrovascular abnormality called Moyamoya, secondary to substance abuse. In clinical laboratories, gas chromatography–mass spectrometry or liquid chromatography–tandem mass spectrometry (LC‐MS/MS) confirmation of a positive amphetamine immunoassay is usually directed only towards amphetamine, methamphetamine, MDMA and MDA. This report demonstrates the utility of testing for a wider menu of compounds using LC‐MS/MS in order to better characterize the prevalence and toxicities of novel amines such as 2C‐I.     

建国初期司法改革运动述评

建国初期的司法改革运动是新中国法制建设史上的重大事件。开展此次运动是当时巩固人民政权、实行人民民主专政、维护革命秩序的要求,成绩很大。但是由于对旧法观点包括西方资本主义国家的法律思想未能采取实事求是的态度而予以全盘否定,对新中国后来的法制建设和法学发展产生了不可低估的负面影响。回顾、总结此次运动的经验和教训,正确处理法律的阶级性与普世性、司法与政治、司法官职业化与司法大众化以及司法程序化与司法便民化之间的关系,对于当前进行的司法体制和工作机制改革具有重要的现实意义。     

Assessment of PowerPlex® Fusion 5C’s ability to type degraded DNA

DNA samples collected at crime scenes are often degraded so this research focused on the ability of the Promega PowerPlex® Fusion 5C amplification kit to type both naturally and artificially degraded DNA.DNA was degraded naturally by placing equal volumes of blood on white fabric that was stored either inside, outside in a shaded area, or outside in direct sunlight. Samples were then collected every 10 days for 60 days and the DNA extracted (QIAamp® DNA Investigator). Artificially degraded samples were created by exposing extracted DNA to either UV light or 95 °C heat for varying times. DNA was also degraded artificially by placing blood samples into a 50% bleach solution for varying times prior to extraction.Following sample treatment, standard forensic DNA analysis was performed including quantification (Investigator® Quantiplex) and amplification (PowerPlex® Fusion 5C). Separation and detection were performed on an ABI 3130xl capillary electrophoresis unit and analysis was performed using GeneMapper ID v3.2.1.While the time and shade samples showed similar amounts of degradation, the samples exposed to direct sun showed more degradation. The artificially degraded samples showed more signs of degradation such as reduced overall peak height and peak height imbalance at heterozygous loci. There were also some cases where an allele that was known to be in the profile exhibited total dropout. Although there were some instances of both allelic dropout and heterozygote peak imbalance, PowerPlex® Fusion was able to reliably type degraded DNA as all alleles detected were consistent with the known donor profile. The results show that PowerPlex® Fusion is a robust kit capable of handling forensically challenged samples.