论当前金融犯罪的发展趋势及其防治对策

随着金融行业的发展,金融自由化程度的提高,以及金融创新步伐的加快,新的金融衍生工具不断出现,金融业出现了空前的繁荣。但伴随而来的是因金融市场监管不力,内部控制疏漏以及其它各种原因所引发的金融犯罪活动也日趋猖獗。因此,研究这类犯罪的特点及其侦防对策,以更好地为打击这类犯罪提供参考,实为必要。     

对“部分实行全部责任”规则正当性的反思——基于法经济学视角

根据我国刑法关于共同犯罪的规定,犯罪分子的刑事责任应按照其参与或者组织、指挥的全部犯罪处罚,此即部分实行全部责任规则。有学者认为这是由于共同犯罪具有更大的危害性而做出的加重处罚,但对其合理性却鲜有说明。经济分析表明,该规定的合理性主要在于它能够减少犯罪对社会的危害。     

Soil sample metagenome NGS data management for forensic investigation

Soil analysis is a valuable resource in forensic investigation. Classical forensic soil analysis involves examination of its physical characteristics and chemical composition, such as soil type, colour, particle size, shape, pH, elemental, mineral and organic content. However the limited variability of these parameters is not always allowing adequate discrimination between soil samples. As soil supports extreme diversity of microorganisms and eukaryotic communities, microbiological approaches have been proposed. Several molecular approaches for microbial DNA profiling are available; however there is a lack of published data of implementation of the next generation sequencing (NGS) approaches for forensic soil analysis.The aim of the current study was elaboration of criteria for soil metagenome data management and database searching. We used our previously sequenced collection of 11 samples collected from different environments (forests, fields, grasslands, urban park) with different flora. The single sample collection includes 9 soil samples per one sampling area (30 m × 30 m) spaced by 15 m. In the current study we concentrated mainly on 18S rRNA gene V2-V3 region for fungi however SSU rRNA region for arbuscular mycorrhizal (AMF) fungi and V2-V3 hypervariable region of 16S rRNA gene for bacterial communities were taken into account. The sequencing was performed by Roche/454 platform. For data analysis OTU based approach on mothur software and NCBI BLASTN search were used. NCBI BLASTN analysis revealed altogether 2983 AMF matches and 8997 18S matches as well as 25477 OTUs (16S) were determined. Several data filtration approaches were used for data management. We found that 18S marker results could be used to create and run a filtered database that is computationally much more efficient and flexible. Our results have broad impact; however more samples have to be analysed, additional studies performed and cooperation between soil scientists and forensic scientists is required to be able to implement these novel techniques into the routine forensic practice.     

The efficiency of Y-chromosome markers in forensic trace analysis and their inclusion in the Austrian National DNA Database

Y-STR markers are a valuable tool in the analysis of biological traces in which a mixture of male and female trace material is to be expected. It is possible to generate a Y-chromosome DNA profile, even if all the prior sperm tests are negative and no sign of any male component is found in amelogenin. In 38 of a total of 239 sexual offences a perpetrator trace was identified solely using Y-STR analysis. Based on these findings, the Austrian National DNA Database was expanded to include Y-STRs in 2012 with the primary objective to identify serial sexual offences.     

Integrity verification of user space code

We present a novel approach for the construction and application of cryptographic hashes to user space memory for the purposes of verifying the provenance of code in memory images. Several key aspects of Windows behaviour which influence this process are examined in-depth. Our approach is implemented and evaluated on a selection of malware samples with user space components as well as a collection of common Windows applications. The results demonstrate that our approach is highly effective at reducing the amount of memory requiring manual analysis, highlighting the presence of malicious code in all the malware sampled.     

基于腰椎高度X线测量技术推断四川汉族女性身高

目的通过腰椎高度X线测量技术,建立四川汉族女性身高的数学模型,为法医人类学研究积累基础数据。方法收集206例四川汉族女性个体按年龄分为A、B、C 3组,其中A组(206例)不分年龄,B组(116例)为20~45岁,C组(90例)为45岁以上,并应用计算机X线摄影(computer radiography,CR)技术分别测量所有样本腰椎CR片中5个椎体(L1~L5)前缘、后缘、中央高度(x1~x15),脊柱腰段中央总长度(x16),同时测量每个个体真实身高,对各测量指标联合与身高的相关性进行线性回归分析,建立推断身高的数学模型,并重新选取62例样本代入数学模型,检验模型的准确性。结果所建立的数学模型经线性回归模型假设检验,均具有统计学意义(P0.05),回归方程的推断标准误为2.982~5.004cm,相关系数为0.370~0.779,复相关系数为0.533~0.834。对每组相关系数、复相关系数最高的方程进行回代检验,其中A组的y=100.33+1.489 x3-0.548 x6+0.772 x9+0.058 x12+0.645 x15的准确率最高,为80.6%(±1SE)、100%(±2SE)。结论本研究建立的数学模型适用于推断四川汉族女性身高。     

固相微萃取结合气相色谱法测定水样中痕量扑草净

目的建立气相色谱法（GC）测定水样中扑草净残留量的方法。方法采用顶空-固相微萃取（HS-SPME）分离、净化和富集水样中的分析物,并对实验参数如萃取时间、萃取温度、离子强度和pH范围进行了优化。结果 GC结合HS-SPME检测扑草净的线性范围为0.5~10μg/L,相关系数r2=0.999 9,方法的检出限为0.05μg/L。水样的加标回收率为101.5%~103.0%,相对标准偏差为1.01%。结论该方法适于测定水样中扑草净残留量。     

Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.     

Partial order scalogram analysis with base coordinates (POSAC): Its application to crime patterns in all the states in the United States

In this paper, a new nonmetric method called POSAC is presented and illustrated through an analysis of the crime patterns of all the states in the United States. POSAC is a graphical technique for the display of multivariate data in a two-dimensional space. It maps the rows (e.g., states) of a matrix in a way that maximizes the preservation of theirpartial order, with similar states located in close proximity on the map. POSAC is based on the partial order among observations rather than their actual magnitude. POSAC seems to bear the same relationship to the principal-component analysis (PCA) as that borne by the median to the arithmetic mean. As a matter of fact, POSAC is a form of ordinal factor analysis. Its advantage over PCA is its robustness to the data. The technique enables observations and variables to be studied simultaneously. Seven index crime categories are analyzed. In order to demonstrate the utility of POSAC in detecting changes in crime patterns over time, we included in our analysis three selected years: 1944, 1965, and 1987. The results for the year 1987 are compared to those obtained by PCA.