对防范和治理侵财性案件的几点思考

侵财性案件是多发性刑事案件,直接危害群众的切身利益和影响群众的生活,也是公安机关始终打击和防范的重点。通过对侵财性案件特点和原因的探究,找出防范和治理侵财性案件的具体方法,可以有效地震慑和遏制侵财性案件发生,切实增强人民群众生活的安全感。     

法律解释的悖论与法律论证——一个终结还是开始？

法律解释学展开的思维基点主要有两种一是难题思维;二是整体或类型思维,也可以称为大全思维.但因为其共同具有的主体性思维特点,产生了法律解释的难题.法律论证理论正是通过主体间性思维取代主体性思维,进一步发展了法律解释学.     

我国行政诉讼引进判例制度的法文化思考

本文从法律文化视角透视了 中华法系的兴衰和西方法系的发展, 并加以比较分析,对判例法制度在西 方法系的发展进程中的重要作用进行 思考;并结合中国的历史、现实和世界 背景,探讨了判例法制度在中国实行 的可能性。     

浅议《刑事专案侦查》教学

目前公安院校《刑事专案侦查》教学存在不少问题 ,主要是教材内容的重点不突出和“教”与“学”有一定的脱节。在教学中 ,尽量避免教学内容重复 ,突出本学科的特点 ,注重实用性 ,增加案例教学 ,提高学生的动手能力和自学能力     

对交通肇事逃逸案件中车体修复痕迹的检验与应用

交通肇事逃逸案件错综复杂，侦查线索少，对国内外的交通管理部门来说都是一个十分棘手的问题。尤其是针对肇事逃逸后经过修复的肇事车体，如何正确发现、分析和检验车体的修复痕迹，也就成了认定肇事车辆，追究肇事责任的重要途径和方法。     

International advocacy for contract-based public private partnerships through case studies: a re-interpretation of Southern Cross Station,Melbourne

In response to urban infrastructure deficits, international organisations, such as the United Nations, encourage governments to harness private finance. Contract-based Public Private Partnerships (PPPs) represent one policy option enabling infrastructure to be privately financed and constructed, and for service provision to occur. With PPPs also a contested policy option, private sector policy intermediaries advocate for their adoption, including through the selective promotion of case studies. In recognition that favourable case study narratives may leach out local context, a multi-dimensional analytical framework is introduced distinguishing between de-institutionalised, aspatial, non-historical, uncritical and non-futuristic perspectives. Recently the private sector-led World Economic Forum published ‘Harnessing Public-Private Cooperation to Deliver the New Urban Agenda’, which reported upon the PPP-led development of Spencer Street (or Southern Cross) Station in Melbourne, Australia. In deploying the framework, this paper concludes that case study narratives can be reductionist and locally detached in various ways. The role of policy intermediaries in the transfer of policy information therefore requires carefully interpretation, not least because of the malleable use of case studies to reveal desired conclusions.     

Crucial Factors in Implementing Radical Policy Change: A Comparative Longitudinal Study of Nordic Central Agency Relocation Programs

Abstract

Why do public policies succeed or fail? The aim of this article is to contribute to answering this enduring research question in policy research through a comparative study of the variable efforts by Nordic governments to relocate their central agencies from the capital regions over a period of several decades. This was a radical redistributive policy program premised on a policy instrument – coercion – which was very alien to political systems characterized as consensual democracies. Hence, it is no surprise that only two out of seven relocation programs of any substance were successful. The really intriguing research question here is how any relocation program was achievable at all in a policy context where this was very unlikely. A broadly based multi-theoretical analytical framework linking interest groups, institutions, human agency in the form of policy entrepreneurship/design and situational factors is employed to solve this research puzzle. Findings from this study offer important contributions to the following research fields: comparative public policy, radical policy change and most specifically the so-called third generation of public policy implementation research.     

Retrograde venous cerebral air embolism from disconnected central venous catheter: an experimental model

There are few reported cases of death attributed to retrograde cerebral air embolism from central venous catheter. The pathophysiological mechanism and the necessary conditions are not fully understood, also because of missing experimental data. We performed experimental simulation while working on a possible case of retrograde cerebral air embolism. A hermetic system consisting of two containers connected to each other and to an electric pump by means of rubber hoses was built. In this system, a fluid (water and blood) could continuously flow under conditions similar to those of the common jugular vein. The part of the system representing the jugular vein could be freely positioned at angles between 0 and 90°. A central venous catheter was inserted into this part. After disconnection, the behavior of the air bubbles entering the hose through the tip of the catheter was evaluated at different positions. At angles between 0 and 45°, the air bubbles followed the fluid flow. At angles >45°, the air bubbles showed the tendency to flow upstream; this phenomenon was more evident the more vertically the hose was located. We were able to demonstrate that a retrograde air embolism can be caused by a disconnected catheter and is even more likely if the neck is in a vertical position.     

Theory and the scientific basis for forensic anthropology

Forensic anthropology has long been criticized for its lack of a strong theoretical and scientific foundation. This paper addresses this problem by examining the role of theory in forensic anthropology at different hierarchical levels (high-level, middle-range, and low-level) and the relevance of various theoretical concepts (taphonomic, agency, behavioral archaeology, nonlinear systems, and methodological theories) to the interpretation of forensic contexts. Application of these theories to a case study involving the search for the WWII Goettge Patrol illustrates the explanatory power these theories offer to the interpretation of forensic events as the end product of an often complex set of environmental constraints and behavioral interactions and choices. It also emphasizes the importance of case studies in theory building and hypothesis testing. A theoretical foundation does indeed currently exist in forensic anthropology; however, a recognition and broader implementation of anthropological (archaeological) theory is warranted and will further define forensic anthropology as a scientific endeavor.     

THE EMERGING FORENSIC ROLE FOR WORK PRODUCT REVIEW AND CASE ANALYSIS IN CHILD ACCESS AND PARENTING PLAN DISPUTES

An emerging forensic service is that of conducting a work product review of a court‐appointed child custody evaluator's evaluation and report. If the reviewer determines there are serious deficiencies in the work product, then the reviewer will provide consultation to the retaining attorney and expert testimony. The reviewer usually is in a hybrid role of consulting/advising the retaining attorney, testifying, and educating the court. Ethical issues in providing forensic services and rebuttal testimony as a reviewer are discussed. Both reviewers and evaluators have a duty to be objective and balanced in their analyses of data and issues. Both types of experts should strive to be helpful to the court and try to serve the best interests of children. Ethical nuances involving review work are discussed. Evaluator and reviewer share the same dataset. Evaluators need to take care to keep a high quality case record with legible interview notes. Reviewers provide a monitoring function for the court or a function of forensic quality control so the court will not be misled by expert testimony of evaluators that is based on flawed data collection and/or analysis. A list of questions is presented for reviewers to use in scrutinizing the quality of the custody evaluation. A list of questions is presented for examining the quality of the reviewer's own work product. The importance of a case analysis and use of conceptual frameworks by evaluators and reviewers is discussed.