危险驾驶案件办理初探

为了解决因为酒后驾车、超速驾驶等不文明驾车行为引发交通事故的问题,《刑法修正案(八)》将危险驾驶行为纳入刑法调整范围,即危险驾驶行为构成刑事犯罪。"酒驾入刑"自实施以来,此类犯罪的案件数量激增,并引发了定案证据单一、强制措施适用不当等问题。本文将从案件办理现状入手,通过分析办案难点及其成因,提出加强宣传教育、提高办案能力、全面收集案件证据、搭建案件信息网络平台、完善法律规范等对策,以期达到完善危险驾驶案件办理工作现状的目的。     

中国吸毒驾车管制问题及其对策

吸毒驾车已成为一个巨大的交通安全隐患,具有较大的社会危害性。目前,中国对于吸毒驾车的管制存在法律不完备、主体不明确、检测吸毒困难等问题。有效管制吸毒驾车,可以借鉴国外的查处方法,同时要加快立法,建立制约机制、相关数据库和预警平台,适时集中进行专项整治,推广新型吸毒检测方法。     

Macroscopic and microscopic analysis of knife stab wounds on fleshed and clothed ribs

Stab wounds upon bone are analyzed to interpret the weapon used and the physical context in which the attack occurred. The literature demonstrates that most research conducted pertaining to wound patterns has been carried out on defleshed and unclothed bone samples, not adequately replicating actual circumstances. For this research, six half pig torsos (Sus scrofa), fleshed (including muscle, fat, epidermis, and dermis layers) and clothed, were stabbed using three knife types, applying both straight and downward thrusts. Analysis conducted macroscopically and through a scanning electron microscope with an environmental secondary electron detector revealed a general lack of consistency in wound pattern and associated secondary effects. Consequently, it was not possible to establish wound pattern per knife type as suggested in previous research or relate it to stab motion. Advantage of microscopic analysis was evident in recognizing wound traits and observation of trace evidence not visible macroscopically.     

论加密技术对电子邮件证据力的影响

司法实践中电子邮件加密方法主要有对称密钥加密与非对称密钥加密两类,结合数字认证、数字签名等辅助加密技术,可以相应提高加密级别,增加电子邮件安全性。一般而言,加密电子邮件可靠性要高于非加密电子邮件,加密电子邮件证据能力受解密程序影响。电子邮件证据证明力受加密方法、行为人对电子邮件控制程度等因素影响。电子邮件证据证明力随加密级别的提高而提高。     

浅析醉酒驾驶行为的法律规制

醉酒驾驶行为的法律规制应追求自由、秩序和正义的价值,以实现对醉酒驾驶行为的遏止。但现实中,醉酒驾驶行为的法律规制因行为的多发性、饮酒的习惯性和制裁的限制性而存在一系列困境,因此在司法实践操作中,需破除对刑罚威慑作用的盲目笃信,在刑法与行政法的顺畅衔接和危险驾驶罪增设资格刑的同时,仍需社会力量的配合。     

Observational Case Series: An Algorithm Incorporating Multidetector Computed Tomography in the Medicolegal Investigation of Human Remains after a Natural Disaster

An algorithm incorporating multidetector computed tomography (MDCT), digital radiographs, and external examination was used to triage cases for noninvasive or complete autopsy after a natural disaster. The algorithm was applied to 27 individuals who died during or soon after the earthquake that struck the Republic of Haiti on January 12, 2010. Of the 27 cases reviewed, 7 (26%) required a complete autopsy to determine cause and manner of death. In the remaining 20 (74%), cause and manner of death were determined with a reasonable degree of medical certainty after review of circumstances, an external examination, and postmortem imaging by MDCT and digital radiography (noninvasive autopsy). MDCT was particularly useful in detecting skeletal fractures caused by blunt force injury which were not evident on digital radiographs. The algorithm incorporating postmortem MDCT can be useful in the triage of human remains for autopsy after a natural disaster.     

Driving Under the Influence of Synthetic Cannabinoid Receptor Agonist XLR‐11

The case of a 22‐year‐old male Caucasian driver is presented. He was involved in a traffic collision. At the roadside, he displayed blank stare and mellow speech with a barely audible voice. A DRE found low body temperature, rigid muscle tone, normal pulse, lack of horizontal and vertical gaze nystagmus, nonconvergence of the eyes, dilated pupil size, and normal Pupillary reaction to light. A standard toxicology DUID protocol was performed on the driver's whole blood including ELISA and GC‐MS drug screens with negative results. Additional drug screening was undertaken for bath salts and synthetic cannabinoid receptor agonists by LC‐MS/MS by a commercial laboratory and identified the synthetic cannabinoid receptor agonist XLR‐11 in the driver's blood. XLR‐11 was subsequently quantified at 1.34 ng/mL. This is the first documented case involving a driver operating a motor vehicle under the influence of the synthetic cannabinoid receptor agonist XLR‐11.     

Digital humanities and the history of working women: a cascade

In this introduction to the special issue on ‘Women's work in changing labour markets’, we argue that a combination of digital advances, notably the digitization of individual- and contextual-level data, the creation of internationally comparable occupation-based classifications, and the development of statistical models allowing for contextually informed analysis, has brought us to the brink of new developments in the field of women's work. Census and vital registration data contain more information on occupations of women than previously thought, and when used in combination with other digitized sources they allow one to assess the possible under-registration of women's work, as illustrated by some of the contributions to this special issue. Other contributions show how standardizing occupation-based classifications allows for temporal and regional comparisons of women's work and makes it feasible to study how community or regional characteristics influence that work. None of these developments – large-scale digitization of individual-level data, standardization of occupational titles and measures of stratification, and contextually informed analyses – is completely new; in some cases they are actually rooted in a venerable research tradition. However, in combination they might well constitute a cascade in the history of working women.     

Types of crimes committed by repeat DUI offenders

This study investigates whether repeat driving under the influence (DUI) offenders have more extensive histories of violent, property, and drug crimes than first-time drunk drivers. It also offers an exploratory investigation into the extent of their criminal specialization. Negative binomial regression was performed on arrest and criminal history data from a systematic random sample of 429 DUI arrestees. Analyses controlling for age, gender, ethnicity, and employment found that being a repeat DUI offender increased the total number of violent and property convictions (regardless of severity) and petty misdemeanor/violation property convictions. The results suggest DUI recidivists are generalists rather than specialists and that impaired driving is best viewed as just one manifestation of a host of deviant behaviors. They also illustrate the challenges of rehabilitating and deterring DUI recidivists and the potential differences between first-time and repeat DUI offenders. The findings should not be interpreted as support of enforcement or deterrent DUI policies that focus on repeat offenders, as limited resources are most efficiently directed at the general population of impaired drivers.     

论医疗事故技术鉴定意见的证明力及存在的问题

符合法律规范的医疗事故技术鉴定意见在行政处理医疗纠纷上具有证明力,可以从鉴定人资格和条件、鉴定程序和方法等方面予以印证。但当其作为诉讼中的法定证据鉴定意见使用时,其证据力方面还存在一定问题,尤其与新修订的《民事诉讼法》存在不一致,应予完善,以提高其证据力。