艾滋病立法与国际人权保障

国际社会已经达成共识,认为有效地控制艾滋病与人权保障之间存在着密切关系,而法律则是实现防治艾滋病的一个重要手段。因此,现实和未来都要求各国通过以保障人权为核心的相关立法,充分保护艾滋病病人和艾滋病病毒感染者的各项基本权利,切实调动社会各方面的积极因素来战胜艾滋病,最终维护人类的共同利益,实现社会的可持续发展。对此,在国际人权法的框架下,结合艾滋病的流行特点,国际社会和许多国家近年来制订了不少准则和法律,以阻止艾滋病的进一步传播。     

Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas

In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd. This article examines two major departures from Belize in Lord Neuberger's leading judgment: the treatment of implication as a process separate from interpretation, and a return to the ‘traditional tests’ for the implication of terms. It argues that these are retrogressive steps in our understanding of contract terms, which risk fostering an incoherent and unprincipled approach to the law.     

Unintentional Nonhunting Firearm Deaths in Sweden, 1983–2012

We examined the association between unintentional nonhunting firearm deaths and changes in firearm legislation in Sweden. There were 43 fatalities during the study time frame 1983–2012, representing 46% of all unintentional firearm deaths during the same period. The victims were predominantly young males (mean age 25 years). Slightly more than half of the deaths were caused by another person and were inflicted at close range. The main cause of the incidents was human error. The majority of the involved firearms were legal; however, most victims killed with illegal firearms were under the influence of alcohol and/or drugs at the time. The death rate decreased significantly following the introduction of the hunter's examination in 1985. Education and training associated with the hunter's examination was at least partially responsible for the decline in fatalities after 1985. Future prevention should target the availability of illegal firearms.     

Changing Attitudes about the Weak: Social and Legal Conditions for Animal Protection in China

ABSTRACT

The foundation of current legal protection for animals in China is based on the principle of “rational utilization.” This utilitarian attitude supports the exploitation of animals through the legal means of resource management. However, through a process of public education and the construction of recent legislation, attitudes toward animals are rapidly changing in China. After the introduction of the concept of animal welfare in China in 1989, preliminary socioeconomic events such as early laboratory animal science, animal cruelty reports, pet ownership, engagement in international trade, and the severe acute respiratory syndrom (SARS) epidemic helped spur a trend away from a purely utilitarian attitude toward more positive associations with animals among members of the Chinese public. This phenomenon will be analyzed through the actions of non-governmental organizations, the media, academia, and international business to influence education and the development of legislation to promote animal protection practices. In addition, recent events will be used to illustrate political realities in China that impede the full promotion of animal welfare protection.     

Using FastID to analyze complex SNP mixtures from indoor dust

Forensically relevant single nucleotide polymorphisms (SNPs) can provide valuable supplemental information to short tandem repeats (STRs) for investigative leads, and genotyping can now be streamlined using massively parallel sequencing (MPS). Dust is an attractive evidence source, as it accumulates on undisturbed surfaces, often is overlooked by perpetrators, and contains sufficient human DNA for analysis. To assess whether SNPs genotyped from indoor dust using MPS could be used to detect known household occupants, 13 households were recruited and provided buccal samples from each occupant and dust from five predefined indoor locations. Thermo Fisher Scientific Precision ID Identity and Ancestry Panels were utilized for SNP genotyping, and sequencing was completed using Illumina^® chemistry. FastID, a software developed to permit mixture analysis and identity searching, was used to assess whether known occupants could be detected from associated household dust samples. A modified “subtraction” method was also used in FastID to estimate the percentage of alleles in each dust sample contributed by known and unknown occupants. On average, 72% of autosomal SNPs were recovered from dust samples. When using FastID, (a) 93% of known occupants were detected in at least one indoor dust sample and could not be excluded as contributors to the mixture, and (b) non-contributor alleles were detected in 54% of dust samples (29 ± 11 alleles per dust sample). Overall, this study highlights the potential of analyzing human DNA present in indoor dust to detect known household occupants, which could be valuable for investigative leads.     

略论对弱势群体的立法保护

弱势群体的大量存在,表明我国社会两极分化的现象日趋严重,并己成为妨碍社会公平实现的重大障碍,影响了社会的稳定与发展。因此,深入研究当代中国的弱势群体问题,尤其是立法保护机制问题,具有一定的现实意义。     

我国就业歧视现状及立法缺陷与完善

我国劳动力市场的特殊国情决定了我们不能生搬硬套西方的反就业歧视立法。只有在深刻理解我国就业歧视现实状况的基础上,才能正确理解我国反就业歧视立法的缺陷所在,才能提出有效消除我国就业歧视的法律建议,构建切实有效的反就业歧视立法体系。     

国外反恐怖行动机制研究

在严峻的反恐局势下,很多国家通过立法建构了完备的反恐怖行动机制,以加大预防和打击恐怖主义活动的力度。具体包括反恐怖行动的概念、指挥体系、程序以及反恐怖行动的合法性等。我国已存在反恐怖行动的实践,但欠缺相应的法制保障,因此我国应加快完善反恐立法,建构富有本国特色的反恐怖行动机制。     

论信息网络传播权的刑法保护——以知识产权犯罪司法解释为切入点

根据我国著作权立法中复制发行权和信息网络传播权的构成,可以认定,“复制发行”与“信息网络传播”行为必然是互不包容的两类行为,两高的司法解释将“信息网络传播”行为视为著作权罪中的“复制发行”行为,属于类推解释。类推解释使罪刑法定原则在刑法司法解释领域的贯彻面临困境,刑法司法解释应避免类推制度借类推解释还魂的现象。     

金融欺诈犯罪概念之提倡

从概念外延来看,金融欺诈犯罪包括金融诈骗罪和虚假陈述型金融欺诈犯罪,这种界分肇端于古罗马法中的“诈欺”。从犯罪所侵害法益的属性来看,金融诈骗罪应当属于财产型犯罪;虚假陈述型金融欺诈犯罪应当属于破坏金融交易秩序的犯罪。从立法体系来看,我国金融诈骗罪应当借鉴《日本刑法典》的立法模式,规定在诈骗罪之下;虚假陈述型金融欺诈犯罪应当从《刑法》第三章第四节中分离出来,单独成立一节,名为“破坏金融交易秩序罪”。