弱势流动人群权利缺失的原因分析

流动人群权利保护已成为人们关注的焦点之一。造成流动人群权利缺失的主要原因在于户籍制度、地方政府管理权限随意伸缩、法治建设滞后、用人单位不依法办事以及流动人群自身素质不高等,有关部门可以针对上述原因有的放矢地研究解决。     

Estimation of Age Using Alveolar Bone Loss: Forensic and Anthropological Applications

The objective of this study was to utilize a new odontological methodological approach based on radiographic for age estimation. The study was comprised of 397 participants aged between 9 and 87 years. A clinical examination and a radiographic assessment of alveolar bone loss were performed. Direct measures of alveolar bone level were recorded using CT scans. A medical examination report was attached to the investigation file. Because of the link between alveolar bone loss and age, a model was proposed to enable simple, reliable, and quick age estimation. This work added new arguments for age estimation. This study aimed to develop a simple, standardized, and reproducible technique for age estimation of adults of actual populations in forensic medicine and ancient populations in funeral anthropology.     

Paris (COP21) Agreement: Loss and damage,adaptation and climate finance issues

Climate policy documents are more interesting for what they leave out than what they contain. Using the COP21 negotiating texts, this article analyses the Paris Agreement to determine the good, the bad and the ugly of this ‘landmark’ document regarding loss and damage (L&D), adaptation and finance. The article establishes that among the good is that we have a universal deal in place that speaks to L&D and adaptation. the bad remains that developing and weaker nations are still vulnerable, in negotiations and to climate change. Among the ugly is the emerging unholy alliance between the referees (national governments) and key players (business and industry) that resulted in a quasi-legally binding deal. Furthermore, we continue to have endless financial promises. Since Gleneagles in 2005, when $50 billion in aid was promised by the G8, $100 billion per annum was promised from Copenhagen’s COP15 in 2009, to the scale-up promises of $100 billion annually from 2015 – developing countries are still waiting for these promises to be met. Drawing from Africa’s adaptation funding needs of $15 billion annually, as estimated by the United Nations environment Programme to 2020, and the $50+ billion annually thereafter to 2050, the article concludes that the global adaptation funding gap remains huge. We therefore recommend that domestic mobilisation of financial and other resources remain a viable option.     

Permanent Ocular Injury Following Paintball Pellet Hit: A Medicolegal Case

Paintball is a ubiquitous recreation, with severe and occasionally irreversible injuries. In this study, a rare medicolegal case of paintball‐related closed globe blunt ocular injury was described. An 18‐year‐old boy who was hit in his right eye by a paintball pellet presented with severe eye pain and blurred vision. Ophthalmologic examinations showed lid edema, conjunctival hyperemia, conjunctival laceration, subconjunctival hemorrhage, corneal edema, anterior vitreous hemorrhage, congested sclera, commotio retinae, vitreous hemorrhage, retinal hemorrhage, macular edema, and macular hole. After maximum medical improvement, the patient who sustained incurable maculopathy and decreased visual acuity was referred to the legal medicine center for appraisal of the impairment. AMA Guides was used to assess the impairment of the functional vision. Despite his monocular visual defect, the patient was rated in the range of mild vision loss namely AMA class 1 with 22 percentage visual system impairment.     

Pig Organ Energy Loss Comparison Experiments Using BBs

Torso models for ballistics research require that the mechanical properties of simulant materials must match the heterogeneous nature of tissues/organs within the human thorax/abdomen. A series of energy loss experiments were conducted on fresh porcine organs/tissues at room temperature and 37°C, using steel 4.5 mm BBs fired from a Daisy^® brand air rifle. They were compared to FBI and NATO specification ordnance gelatin and a candidate surrogate material called Simulant “A”. Two CED M2 chronographs measured BB velocity. The resulting energy loss was established using KE = 1/2 mv² before and after target perforation. The combined results at room temperature and 37°C were as follows: FBI specification gelatin was similar (p > 0.05) to heart and lung, spleen was similar to NATO specification gelatin, Simulant “A” was similar to hindquarter muscle, and hindquarter muscle, kidney, and spleen were similar to each other regarding energy retardation. These results can be used as a basis for the development of simulant materials to create an anatomically correct heterogeneous model.     

无效产品责任研究

无效产品是指某一产品通常上具有保护他人人身或者财产免受有害影响的功能 ,却因为产品上所附有的瑕疵而无法达成 ,所以无法阻止外来侵害的影响而造成损害。无效产品责任处于合同法和侵权行为法的交错领域。各国司法实践不尽相同 ,我国对此研究比较薄弱 ,无效产品承担侵权责任在因果关系上的认定以及社会基本公平观念上存在不可克服的缺陷 ,就目前的实际来看 ,我国采取担保责任有可取之处。     

论金钱之债迟延履行的损失认定

金钱之债的迟延履行损失认定是司法实务重点关注的问题，司法实践中裁判标准相去甚远。就“利息损失”而言，通过欠付款项的一定比例或参考借款合同利率上限均缺乏关联性与合理性，该损失通过法定孳息之思路确认又面临计算方法难确定、存款利率过低之问题。在守约方损失无法计算时，可通过违约方得利计算，违约方对本应归还债权人的价款在逾期期间占有、使用而减少支出的资金使用成本，可认定为银行贷款利息，以LPR计算。最高人民法院相关司法解释的罚息规定应属特别法定赔偿，除迟延方不具可惩罚性的场合以外，应适用于所有有偿合同。对于其他损失，在合同可体现迟延将发生的损失时，合同订立时债务人知道款项用途及迟延造成的后果时以及债权人因此向第三人举债产生利息时，损失应当赔偿。