科学技术是第一生产力学说的演变和发展

“科学技术是第一生产力”的学说,是邓小平对马列主义、毛泽东思想重大发展的内容之一。本文通过对马克思、恩格斯、列宁、毛泽东、邓小平和江泽民关于科学技术与生产力关系的论述,揭示了“科学技术是第一生产力”学说的演变、发展过程,具有一定的学术参考价值。     

Integrating participatory elements into conventional research projects: measuring the costs and benefits

Until recently, participatory and conventional approaches to agricultural research have been regarded as more or less antagonistic. This article presents evidence from three sub-projects of a Thai–Vietnamese–German collaborative research programme on ‘Sustainable Land Use and Rural Development in Mountainous Regions of Southeast Asia’, in which participatory elements were successfully integrated into conventional agricultural research as add-on activities. In all three sub-projects the costs of studying local knowledge or enhancing farmers' experimentation consisted of additional local personnel, opportunity costs of participating farmers' time, and travel costs. However, these participatory elements of the research projects constituted only a small fraction of the total costs. It may be concluded that conventional agricultural research can be complemented by participatory components in a cost-effective way, while producing meaningful benefits in terms of creating synergies by blending scientific and local knowledge, scaling up micro-level data, and highlighting farmers' constraints affecting technology adoption.     

浅谈数码照相在交通事故处理中的运用

目前,大多数基层公安机关,特别是一线交通事故处理部门仍然使用传统胶片相机,在一定程度上影响了办案效率和办案质量。文章试图对数码照相在交通事故处理中的作用做些粗浅的分析,旨在引起大家对数码照相在交通事故处理中重要性的认识,掌握运用数码照相机时应注意的问题。     

谈现代科技的发展与宪法(学)的关系

现代科技发展十分迅猛,对宪法和宪法学都带来了深刻的影响。文章两位作者就现代科技发展对宪法(学)发展的贡献,现代科技发展对宪法(学)的冲击和挑战,特别是器官移植与生命权、克隆人与宪法价值、基因检测与公民的平等权、信息传播与公民的隐私权、因特网技术与宪政体制和基本权利等问题展开了讨论。宪法(学)也不是消极地应对科技的发展,而是积极地回应,一方面给现代科技的发展提供支持,另一方面也为限制现代科技发展的负面效应提出有效的对策。现代科技的发展应该回归到宪法的价值体制之内。     

基层公安机关刑事技术人员配置及运行机制初探

人是队伍管理中最活跃的因素,一切目标和制度是为了规范人的行为并充分调动其主观能动性。故而,刑事技术队伍建设的重心就是其人员配置以及运行机制。     

The History and Future Trends of ART Medicine and Law

The Assisted Reproductive Technologies (“ART”) have resulted in over eight million births to date, heralding remarkable advances in reproductive medicine with a transformational impact on both medicine and law. The effects have been acutely felt on the modern family, as well as on a myriad of areas of legal practice—including Family Law, Estate Planning, Contract, Health, Constitutional, Criminal, Discrimination, Tort Law and, for international arrangements, Immigration and Citizenship laws. This article examines the historical context, present impact, and future trends of ART and the Law. Its purpose is to help better understand these unique developments in order to help law and policy makers harness and craft the policies and frameworks that will be needed to monitor, shape and guide these remarkable possibilities for participants, professionals, law and society.     

Shifting forensic science focus from means to purpose: A path forward for the discipline?

Forensic science is facing a persistent crisis that is often addressed by organizational responses, with a strong focus on the improvement and standardisation of means and processes. However, organisations and processes are highly dependent on the political, economical and legal structures in which they operate. This may explain why most proposed solutions had difficulties in addressing the crisis up to now, as they could hardly be applied transversally to all forensic science models. Moreover, new tools and technologies are continuously developed by a quasi-infinite number of different scientific disciplines, thus leading to further diversity and fragmentation of forensic science. In this paper, it is proposed to shift the focus from means to purpose and consider forensic science current challenges in terms of discipline, before addressing organisations’ specific issues. As a distinct discipline, forensic science can refocus research and development on shared principles and purposes, such as reconstructing, monitoring, and preventing crime and security issues. This focus change will facilitate a better understanding of the trace as the object of study of forensic science and eventually lead to a more impactful and long-lasting effect. This approach will also foster the development of a forensic science culture (instead of a primarily technological culture) unified by purpose rather than means through more relevant education and research.     

Dodging the Donor Daddy Drama: Creating a Model Statute for Determining Parental Status of Known Sperm Donors

Despite recent innovations in alternative reproduction technology and the increased use of artificial insemination procedures, courts and legislatures have been unable to develop a clear and consistent test to establish the parental rights and obligations of sperm donors. As a result, there are mixed outcomes in cases where intended parents seek child support from an unsuspecting donor or when donors petition the court for visitation with their biological children. This Note seeks to resolve the ambiguity in determining sperm donors’ parental status by proposing a model state statute that makes nonpaternity the default rule. Under the statute, sperm donors would not be subject to any of the parental rights or obligations of a traditional biological father. However, the presumption of nonpaternity could be overcome if the parties agree, in writing, prior to the insemination. Further, the model statute provides an exception to the default rule if the donor has played an active role in the child's life. Adopting this model statute will not only facilitate a market for sperm donation but also make donor rights and obligations clear from the onset.

Key Points for the Family Court Community
• Today, infants born using artificial reproduction technology (ART) represent more than one percent of children born in the United States annually.
• When a donor is anonymous, the law is clear: the donor is not a legal parent. However, the law regarding known donors is less straightforward. Depending on the state and the particular circumstances, the parental status of a known donor is questionable.
• The ambiguity in the law creates confusion and disagreement among the parties in a donor agreement. By comparing factually similar cases, in which courts interpreted donor statutes with identical language, in completely opposite ways, it is easy to see the unpredictability in ART cases.
• The proposed model statute provides unambiguous legislation that sets out a clear standard to be used in determining the parental status of known donors. If adopted by state legislatures, courts across the country would finally have a consistent rule to apply, leading to less confusion and contradictory rulings.
• The key issue is honoring intentional parentage and the proactive choice to use ART to have a child on one's own terms.

     

Descrambling data on solid-state disks by reverse-engineering the firmware

Data recovery is an important component of digital forensic research. Although recovering data from hard drives or small-scale mobile devices has been well studied, solid-state disks (SSDs) have a very different internal architecture and some additional functions, and it is not clear whether these differences will have an effect on data recovery. Data scrambling is an additional function of an SSD controller which can improve data reliability, but makes data recovery difficult. In this research, the dedicated flash software was first introduced that can acquire the physical image of an SSD without destroying the device hardware. Based on the software, a validation experiment was presented to evaluate the effect of data scrambling on data recovery and the causes of the effect were analyzed. Then two approaches to descrambling the data in the flash chips were proposed and their advantages and disadvantages discussed. After that, a procedure to identify the scrambling seeds that are used to descramble the scrambled data was described. Finally, descrambling software was implemented based on the second descrambling method. The experiment shows that this software can successfully descramble the data from an SSD flash drive regardless of the internal structure of the scrambler in the SSD controller and can generate an unscrambled physical image on which most existing data-recovery techniques can be effective.     

工业4.0背景下德国应对3D打印技术的法政策学分析——兼论我国对3D打印技术的法政策路径选择

3D打印技术作为工业4.0中实现"智能生产"和"智能工厂"的方式,是促进我国制造业转型的重要路径。通过对德国政府应对3D打印技术发展所制订的科技政策和法律政策的分析,欲促进我国3D打印技术快速发展,提升我国3D打印产业的国际竞争力,首先,应通过制定和完善与3D打印有关的科技政策,引导科研资源和资本向3D打印产业分流;其次,应通过对现行相关法律的解释、归纳和演绎,寻求应对3D打印技术发展的法律适用的空间;此外,在政策的制定与法律适用的过程中,需要选择符合我国国情的3D打印技术保护标准和创新发展之路径。