我国住宅权行政法保护缺失分析

住宅权作为宪法规定的一项自由权,尚未扩张到生存权意义上的公民“对住宅”的权利,对该权利的保护,目前还是行政法的盲区。即使是对自由权意义上的住宅权的保护,我国的行政法也存在很多缺陷:一是《治安管理处罚法》等法律在保护公民的住宅免受他人非法侵入上还存在住宅范围不清、“非法侵入”的标准不明等缺陷;二是《城市房屋拆迁管理条例》和《土地管理法》在尊重公民住宅权上也存在不少疏忽;三是住宅权事实上是一种没有救济的权利,目前只能将住宅权降格为财产权并依据《行政诉讼法》和《国家赔偿法》的规定获得很少的救济。     

Cadaver dogs--a study on detection of contaminated carpet squares

Introduction

Cadaver dogs are known as valuable forensic tools in crime scene investigations. Scientific research attempting to verify their value is largely lacking, specifically for scents associated with the early postmortem interval. The aim of our investigation was the comparative evaluation of the reliability, accuracy, and specificity of three cadaver dogs belonging to the Hamburg State Police in the detection of scents during the early postmortem interval.

Material and methods

Carpet squares were used as an odor transporting media after they had been contaminated with the scent of two recently deceased bodies (PMI < 3 h). The contamination occurred for 2 min as well as 10 min without any direct contact between the carpet and the corpse. Comparative searches by the dogs were performed over a time period of 65 days (10 min contamination) and 35 days (2 min contamination).

Results

The results of this study indicate that the well-trained cadaver dog is an outstanding tool for crime scene investigation displaying excellent sensitivity (75–100), specificity (91–100), and having a positive predictive value (90–100), negative predictive value (90–100) as well as accuracy (92–100).     

中国猎头业如何克服发展道路中的障碍

成熟的猎头业为社会各行业提供高端人才服务,在社会和经济发展过程中扮演着重要角色,越来越成为社会的人力资源部。我国猎头业的发展与国外相比尚存在很多问题：政策壁垒较高,市场发展不成熟,也缺乏行业规制与引导。宜降低政策壁垒,提高行业管理水平,鼓励适度竞争,克服这些障碍。     

美国不当搜查对策体系析解

美国的不当搜查对策体系分为两部分 ,即关于搜查令的取得和执行之运行机制 ,关于违反运行机制所获证据效力之救济机制。其确立的基础是国家的诉讼价值取向及社会对“正义误差”的认知层次。建立一个较为完善的不当搜查对策体系 ,必须着手 :1 制定一套严格廓清警察和公民个人权利义务的刑事诉讼法规 ;2 修正强制排除规则 ,赋予法官自由裁量权 ;3 建立和完善对不当搜查行为监督和补救的相关制度。     

The application of dual energy X-ray soil screening in forensic archaeology

The need to forensically search soil for small artefacts at a burial site or traces of evidence in a deposition site is a common task shared by investigators and forensic archaeologists. In forensic casework, the importance of finding small pieces of evidence, such as personal effects or ballistic fragments, cannot be overstated as it can assist in the positive identification of the deceased, give an insight into the manner and cause of death, and identify any perpetrators. The soil search methods known as wet and dry sieving, are cumbersome, time-consuming and have limited success for some soil types. This often leads to the decision not to search, resulting in missed opportunities to identify potential evidence.The primary aim of this study was to investigate if a dual energy X-ray baggage scanner could be used to search for items of potential forensic interest in soil. A trial was conducted using a Smiths Detection ScanTrailer 100100 V-2is mobile X-ray inspection system to establish if it could be used to detect organic, inorganic, and metallic items located within soil. The soil type and natural variables such as water and organic content were adjusted to simulate different environments. The baggage scanner was found to provide a quick and easy way to detect items contained within various soil types, particularly in a sand rich matrix. It is estimated that using this method to search 1 m³ of soil, when broken down into samples that are < 13 cm in depth, would take around one hour to complete, compared with 100 to 150 person-hours by manual sieving. This is believed to be the first use of dual energy X-ray technology for this purpose and shows the potential for further research and use of this method in forensic archaeology.