论行政立法不作为违法——基于法律文本的解析

行政立法不作为既是行政不作为的新形态,也是行政立法违法的主要类型,其不作为违法之构成除应当具备立法义务之外,还必须客观存在着怠于履行立法义务之不作为状态,且已经逾越法定或合理期限。以法律文本为素材,深入解析行政立法不作为之违法构成要件,对于推进行政不作为的类型化研究以及限制行政立法权的滥用具有重要的理论意义和实践价值。     

Sustained Combustion of Bodies: Some Observations*

Abstract: Previous tests have explored the fire effects and fuel characteristics of animal carcasses in intense fires of relatively short duration. Here, test fires were conducted involving intact human cadavers and torsos that included nonaccelerated, long‐duration fires involving the bedding and clothing (in the manner of typical accidental deaths). The objective was to observe the fire conditions (size, radiant heat flux, and duration), where a human body represented the major fuel package in a nonaccelerated fire. The pattern of damage to the body was documented and compared with that resulting from a furnished room fire. Two intact, unembalmed human cadavers were exposed to fires of simulated accidental origin. The bedding was ignited by an open flame, and the fires were allowed to burn unaided to self‐extinguishment. It was found that normal human bodies can support a modest‐sized fire for some 6–7 h under these conditions. The presence of a substrate material that can act as a wick for the combustion of the rendered body fat results in extensive destruction of the torso where the greatest amount of subcutaneous fat resides, with less damage to the head and limbs. A third (partial) cadaver was exposed to a recreation of a typical accidental fire in a furnished room that progressed to full room involvement. This fire of some 15 min of total duration inflected only surface‐layer damage to the torso of the victim.     

外国船员工资索赔:诉讼和仲裁之间的选择——评美国联邦第九巡回法庭the“Rogers v.Royal Caribbean Cruise Line”案

简要介绍美国联邦上诉法院第九巡回法庭the"Rogers v.Royal Caribbean Cruise Line"案的案情,回顾美国国会对船员在法院诉讼追偿工资的法定保护和支持执行《纽约公约》下仲裁的两个政策的历史背景以及法庭判案所遵循的先例,按照对案件争议点的审理思路,逐一分析法庭对船员雇佣合同中仲裁协议是否被美国《联邦仲裁法》排除条款排除、《公约法案》和《联邦仲裁法》发生冲突时的优先适用、仲裁协议是否合理以及仲裁条款是否符合公共利益的推理过程,论证法院判决的合理性,提出与判决相反的可能性解释,从而得出结论:出于权衡国会相互冲突的政策的目的,法院判决强制执行仲裁。最后,提出该案例对中国船员立法的借鉴意义。     

The Role of Victim-Related Factors in Victim Restitution: A Multi-Method Analysis of Restitution in Pennsylvania

Mandatory statutes do not always produce change, but a 1995 Pennsylvania statutory change making restitution mandatory dramatically increased the proportion of cases in which restitution was imposed. There are three possible reasons for this generally successful implementation: (a) judges agreed with the victim-centered goals of the statute, (b) there were mechanisms in place to implement the goals of assisting victims, and (c) there was a context supportive of victims that made it easier to follow the law. Two studies investigated these possible explanations. First, a statewide survey of trial court judges suggested that they agreed with the statute's goals of compensating victims. Second, hierarchical logistic models of 55,119 statewide restitution-eligible decisions indicated that a victim-related contextual factor, the nature and location of the victim/witness assistance office, was significantly related to the imposition of restitution, although a more general contextual factor relating to funding for victim programs had only small effects.     

The application of geographic information systems and spatial analysis to assess dumped and subsequently scattered human remains

This study utilizes geographic information systems (GIS) and spatial analysis (SA) technology to address the problems associated with prediction of location and effective recovery of dumped and scattered human remains in Louisiana. The goals are to determine if a selective bias exists in Louisiana as to where and when human remains are dumped and to assess whether or not geographically specific patterns exist in the dispersal of human remains. We hypothesized that a positive relationship exists between postmortem interval (PMI) and dispersal distance, and that there are negative relationships between PMI and dispersal direction and between dispersal direction and distance. Our results indicate that, in Louisiana, remains are more often dumped in rural areas away from a structure, and are found within (1/4) mile of the nearest road. For Louisiana, no seasonal bias was found in the analysis of when remains are dumped. Furthermore, with the exception of the relationship between PMI and the shortest distance remains were dispersed, no geographically specific patterns were detected in the analyses of dispersal distance, dispersal direction, and PMI.     

SEM/EDAX检测内脏异物元素成分诊断溺死

为探讨溺死诊断的依据和推断入水地点，用扫描电镜／X－射线谱仪（SEM／EDAX）检测19例溺死尸体及28只溺死兔的肺、肾、心、肝等组织异物颗粒及其元素成分和含量，并以陆地上死亡尸体14具及8只陆地上勒死兔（2只勒死后入水浸泡6天）作实验对照。结果发现，19例溺死尸体及28只溺死兔的肺边缘区呼吸性细支气管、肺泡管、肺泡囊及肺泡内均可见高能谱值的异物颗粒，其大小自数微米至数十微米不等，多为无定形异物颗粒或细小异物颗粒集落。其中元素成分为硅、铝、钙、铁、铬、钛、钼、铅、锡、铜、溴等，与入水地点溺液中所含元素成分相同；肾、心、肝组织异物颗粒检出率分别为77％、53％及47％，数量较少，颗粒较小，大小自1微米以下至十数微米。非溺死尸体及实验兔的肺、肾、心、肝组织未检出或偶尔检出异物颗粒，其元素成分多为铁、钙或硅等，可能是病理及生理性异物颗粒，如含铁血黄素、钙化灶等。用SEM／EDAX检测水中尸体组织中异物颗粒及其元素成分和含量，可以诊断溺死，推断入水区域，为明确案件性质和确定侦察范围提供科学依据。     

The data protection framework decision of 27 November 2008 regarding police and judicial cooperation in criminal matters – A modest achievement however not the improvement some have hoped for

After more than three years in the making, that have witnessed much controversy, several working texts and at least two altogether different versions, the Data Protection Framework Decision “on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters” (hereafter, the DPFD) was finally adopted on 27 November 2008. The DPFD was supposed to be celebrated as the Data Protection Directive equivalent in European law enforcement (Third Pillar) processing. However, since its formal adoption, and even before that, data protection proponents (the European Data Protection Supervisor, the Article 29 Working Party, national Data Protection Commissioners, NGOs) lamented its adoption as the result of changes that ultimately compromised data protection. Is the DPFD a disappointment to the great expectations that accompanied its first draft, back in 2006? An attempt to address this question shall be undertaken in this paper.     

Policing Women’s Bodies in an Illiberal Society: The Case of Ireland

This journal article outlines the history of the policing women’s bodies in Ireland in the context of law, crime and reproduction. It does this by means of three case studies. The first case study explores the policing of women’s bodies in relation to sexuality. The second case study focuses on reproduction and the policing of women’s bodies in relation to reproduction. The third and final case study considers the policing of women’s bodies in relation to abortion. Taken together, these three case studies provide an overview of the capacity, and indeed the readiness, that exists in Irish society to police women’s bodies and to do so particularly in relation to sexuality and reproduction.     

我国物权法上确立居住权制度的若干问题与思考

居住权制度的确立是我国物权立法的重大突破。我国物权法上的居住权应当指法定居住权,意定居住权应由债法调整。居住权是一种特殊的用益物权,法定性是其本质属性,但居住权的期限、权能等亦应当体现出适当的柔性。居住权的设立属于私事务,无需公权力的介入。     

Fatal Drowning Accident and Undiagnosed Hydrocephalus

Abstract: Bodies found in water present several diagnostic challenges for the forensic examiner, such as the identification of the time and mechanism of death, the postmortem submersion time, and above all the circumstances of drowning. We report the case of a 33‐year‐old security guard found dead in Venice, in the water of the lagoon, who at autopsy presented a previously undiagnosed hydrocephalus with macrocephaly. The victim remained asymptomatic until 2 months before death and had never undergone a neurological or radiological examination. In the article, we emphasize the need to perform a thorough autopsy in all suspected drownings, discuss the etiopathogenesis of the neurological disease and hypothesize a possible relationship between the hydrocephalus and the drowning accident. Finally, we discuss the major clinical and forensic implications of macrocephaly and hydrocephalus in adults.