论近因原则在我国海上保险法中的应用及其与中国文化的兼容问题

近因原则对于我国海上保险法的应用具有重要意义。该原则在我国海上保险法中应用的艰巨性在于近因标准的因素复杂,包括被保风险和损害须实际发生;保险标的损失须为防止事态发展所致;须是引起损失发生的事件;新原因的判断须运用一般社会观念。除外条款不在近因之列。我国海上保险立法应增加近因原则及其适用的规定。     

论以民法补充海商法的单位

一直以来,“以民法补充海商法”的原则成为国内学者和实务界解决海商法与民法之间的法律冲突、补充《中华人民共和国海商法》立法漏洞的惯用思维;然而,这一原则的模糊性导致对以民法补充海商法的单位是事项还是要素产生争议。从《中华人民共和国立法法》与《中华人民共和国海商法》具体条文出发,通过法律解释得出民法补充海商法的单位是事项而非要素的初步结论;进而结合海商法的外来性和海上责任的独立性进行理论分析,对以上初步结论进行进一步印证;在此基础上提出对海商法研究与《中华人民共和国海商法》修改的建议。     

Social structure of the Jewish quarter in Vienna during the liberal era (1850–1900)

The article examines the nature of residential and coresidential patterns in the second half of the 19th century in a district of Vienna known as Leopoldstadt, which had a large Jewish population. Analysis of a database from this district, paying attention to occupation and class variables, suggests that the Jewish population therein was more mixed than traditional interpretations suggest, and that the concentration of Jews there can plausibly be explained mainly by reference to residential choices made by Jews to live near an economic infrastructure that catered to their religious and cultural needs. The patterns identified in the data suggest further that in interpreting the residential patterns of the city it is necessary to conceptualize the problem as one of interaction between religion, economics, and residential choice.     

When Law and Order Returned to Denmark

The international trend toward increased use of punishment has been visible in Denmark since the early 1990s and has accelerated in the first years of the new millennium. As in other countries the trend cannot be explained by changes in crime or a political turn to the right. The increased use of punishment in (post) modern societies undoubtedly has a very complex background. The primary explanation put forth in this article is that it is based on a radical change in the human conditions and in the way people relate to their world. It is an existential revolution and, as such, it has emerged ‘from the bottom’ of society. This suggestion is not offered as an alternative to existing explanations that have been mainly dealing with factors and matters ‘from the top’ of society, such as changes in and of the political system (e.g. populism), the mass media (e.g. alarmism), the social organization of society (e.g. bureaucratization and/or industrialization), and globalization (e.g. imitation and/or internationalization of penal law). Rather, the hypothesis should be viewed as an important supplement to these existing theories and explanations.     

Genetic polymorphisms of 20 STR loci in Chinese Han population in Tianjin,North China

The PowerPlex^® 21 System PCR Amplification Kit was a new PCR Amplification Kit developed for forensic laboratories, but there was a lack of data about this kit in Chinese people in Tianjin, North China. This kit contained 20 STR loci, D3S1358, D1S1656, D6S1043, D13S317, Penta E, D16S539, D18S51, D2S1338, CSF1PO, Penta D, TH01, vWA, D21S11, D7S820, D5S818, TPOX, D8S1179, D12S391, D19S433 and FGA. In order to evaluate this kit and to get basic population data for its use in forensic practice in Chinese Han population, 360 unrelated Chinese Han individuals from Tianjin were typed using the Kit. Allele frequencies of the 20 STR loci and further population forensic genetic parameters were obtained. The observed genotype frequencies and expected genotype frequencies were evaluated by χ² test. No significant deviation from the Hardy–Weinberg equilibrium was observed in the population sample for the 20 STR loci. The population data in the present study can be used for routine forensic practice in Tianjin, North China.     

Discrete Traits of the Sternum and Ribs: A Useful Contribution to Identification in Forensic Anthropology and Medicine

During forensic anthropological investigation, biological profile is determined by age, sex, ancestry, and stature. However, several individuals may share the same profile. Observation of discrete traits can yield useful information and contribute to identification. This research establishes the frequency of discrete traits of the sternum and ribs in a modern population in southern France, using 500 computer tomography (CT) scans of individuals aged 15–60 years. Only discrete traits with a frequency lower than 10% according to the literature were considered, a total of eight traits. All scans examined were three‐dimensional (3D) volume renderings from DICOM images. In our population, the frequency of all the discrete traits was lower than 5%. None were associated with sex or age, with the exception of a single trait, the end of the xiphoid process. Our findings can usefully be applied for identification purposes in forensic anthropology and medicine.     

Stature Estimation from Various Foot Dimensions Among Slovak Population

The foot measurements are important in forensic field as they can be used as body height predictors for an individual. The morphology of human feet shows the variations and therefore the aim of this study was to find the relation between stature and foot measurements and to generate population‐specific equations. We measured the stature and bilateral foot measurements of 71 volunteers ranging in age between 18 and 27 years using standard measurements technique. The results revealed nonsignificant bilateral differences in all sex groups (p < 0.05). Sex differences were found to be significant in all foot measurements (p < 0.001). The highest significant and positive correlation coefficients with stature were observed for foot length in males (r = 0.759), in females (r = 0.722), and in the sex‐mixed group (r = 0.865). According to the nonsignificant sex effects on the relation between stature and foot dimensions, the regression equations were computed only for the pooled mixed‐sex group. Our study provides equations that can help to estimate stature from foot measurements among Slovaks.     

Secular Trend in the Development of Permanent Teeth in a Population of Istria and the Littoral Region of Croatia

The study evaluated secular trends in dental development during a period of 30 years, correlation between dental and chronological age in Istria and the littoral region of Croatia. The sample consisted of 1000 panoramic radiographs of children, aged 6–16 years (mean 10.0 ± 1.8), taken in the period 1977–1979 (N = 500; 243 females) and 2007–2009 (N = 500; 299 females). Dental age was assessed according to Demirjian's method. Correlation between chronological and dental age was linear, positive, high, and statistically significant in both periods and genders, ranging from 0.73 to 0.86. Dental age was underestimated when compared to chronological age by 1 year on average, more 30 years ago (?1.35 ± 1.17) than today (?0.63 ± 1.09), less for girls (?0.80 ± 1.22) than boys (?1.21 ± 1.10). A statistically significant positive secular trend in acceleration of dental development was present of 0.72 years during the 30‐year period and was more significant in girls than boys (0.83‐ and 0.51‐year acceleration).     

城市少数民族流动人口犯罪实证研究--以S市M区的统计数据为基础的分析

对s市M区统计数据的实证分析表明,城市涉嫌犯罪的少数民族人员以无任何前科记录的初中文化水平以下的外来男性农民和无业人员为主;实施的犯罪行为比较轻,相对集中于盗窃罪,寻衅滋事罪,走私、贩卖、运输、制造毒品罪等几个罪名;共同犯罪的规模较小,共同犯罪人之间的联系比较松散,作案手段多元化、相对平和,重特大案件罕见;适用刑罚比较轻缓,以3年以下有期徒刑、拘役、罚金为主。城市少数民族人员犯罪并不是严重的社会现象,其数量和严重程度远远低于汉族人犯罪。因此,少数民族“流动人口”犯罪问题不应当特殊化,应当在人口流动和城镇化的背景下,理性客观地对待少数民族人员犯罪问题,贯彻宽严相济的刑事政策,采取措施使得少数民族“流动人口”尽快融入大城市。     

Concordance Between the AmpFℓSTR® MiniFiler™ and AmpFℓSTR® Identifiler® PCR Amplification Kits in the Kuwaiti Population

Abstract:  The AmpFℓSTR^® MiniFiler™ polymerase chain reaction amplification kit, developed and supplied by Applied Biosystems, complements the AmpFℓSTR^® Identifiler^® polymerase chain reaction amplification kit (Applied Biosystems, Warrington, U.K.) by improving the success rate when profiling DNA that is degraded or contains inhibitors. Before applying the MiniFiler™ kit to casework, the profiles from 200 unrelated Kuwaitis were compared to Identifiler^® profiles. Concordance was observed for 99.875% (1598 of 1600) of the compared STR loci. The two discordant profiles displayed allelic dropout: one at the D13S317 locus due to nonamplification of allele 10 in the MiniFiler™ profile, and one at the D18S51 locus due to nonamplification of allele 18 in the Identifiler^® profile.