中国信托法具体修改建议

五年来的实践告诉我们,现行法律制度的确暴露出一些缺失和不足。在21世纪科学发展日新月异的今天,我国信托法的修改与完善已是迫在眉睫,否则将影响我国信托业的发展,影响我国经济建设和金融市场。鉴于此,在中日信托法研究会同仁一年多来研究成果的积淀下,笔者对中国信托法的修改与完善作了一些粗浅的论述,并通过第二届中国(长沙)信托国际论坛向与会代表与各位方家作以汇报,旨在抛砖引玉,敬请批评指正。     

Cross-National Transfer of Policy Ideas: Agencification in Britain and Japan

This study seeks to contribute to the policy transfer literature through a comparison of the British "Next Steps" initiative of agencification (i.e., organizational separation of policy implementation from policy formulation in central departments) and the Japanese reform that officially proclaimed to be inspired by the British example. In addition to confirming the crucial role played by domestic structural constraints in producing variant outputs in different countries, this article also shows that the transfer of policy ideas can be a highly proactive political process in which political actors in the learning country interpret and define both problems and solution as they "borrow" from another country.     

The role of ideology and elite networks in the decentralisation reforms in 1980s France

France saw historic decentralisation reforms under the leadership of Mitterrand and Defferre, his first Minister of the Interior, in the 1980s. This article highlights the role played by ideology and elite networks in the reform process. Ideological renewal determined the broad direction of policy change towards decentralisation, and placed the decentralist cause at the heart of the legislative programme of the incoming Socialist government. Yet it was the networks that linked the political, administrative and local elites, more than ideology, that shaped and constrained the details of the actual reform outcomes.     

财团与信托

财团法人和公益信托都是通过民间资金来实现私人性公益活动的一种制度,有着同样的目的,在社会功能方面也基本相同.但在达到目的,或完成其功能方面所选择的法律技法不仅相异,而且在法律制度的构成上也存在明显的区别.在日本,成立财团法人机构虽然审批很严,但成立后滥用财团法人制度的情形却多有发生.为能真正实现公益事业的目的,可根据公益目的和财产的具体形态及其管理方法,在两者之间进行适当的选择.     

Identification of 10-hydroxy-12-octadecenoic acid in adipocere

Studies are reported on separation and identification of 10-hydroxy-12-octadecenoic acid in human adipocere. The chemical structure was determined by thin-layer chromatography (TLC), gas-liquid chromatography (GLC) and gas chromatography-mass spectrometry (GC-MS).     

Methane asphyxia. Coal mine accident investigation of distribution of gas

Death from asphyxia due to substitution of air by methane gas may occur in coal mine by gas outburst. In such a case, it is required to determine methane gas contents from cadaveric blood and tissues for diagnosing cause of death and estimating conditions of the accident. The methane concentration in blood and tissue samples of 22 male victims by a gas outburst accident was measured by gas chromatography. The level of methane in the cardiac blood was in the range of 6.8-26.8 microliters/g. As a model of gas outburst in coal mine, rats were exposed experimentally to various concentrations of methane. Their course of death and methane distribution in the bodies were observed. From these findings, diagnostic criteria for asphyxia from substitution of air by methane are also discussed.     

The Impact of Discontinuation of the Medical Examiner System: Cases of Drowning in the Bathtub at Home

The incidence of death by drowning greatly varies among different prefectures in Japan, mainly due to climate difference. However, there could be other factors affecting the incidence of deaths besides climate, for example, differences in regional death investigation systems. Here, we aimed to elucidate other such factors affecting the mortality data of drowning in the bathtub, especially the effects of discontinuing the medical examiner system. Police data in Kyoto and ambulatory care information in Yokohama were used. Data on cases of elderly individuals found dying or dead in the bathtub at home in winter 2014–2015 were obtained. The following data were collected for each case: age, gender, presence/absence of ambulatory transport, performance of autopsy, and cause of death. The autopsy and drowning rates in Kyoto were 0%, whereas both values in Yokohama were significantly higher at 93.1% and 89.4%, respectively (the denominator of each of the rates is the total number of elderly (aged 65 or over) individuals found dying or dead in the bathtub at home in each city during each winter). Despite no significant difference of incidence of total bath-related death, the proportion of drowning-related deaths was overwhelmingly higher in Yokohama than in Kyoto. The difference can be attributed to the difference in autopsy rates between the two cities, mainly caused by the presence/absence of a medical examiner system. Therefore, we should pay careful attention to future changes in autopsy/drowning rates in Yokohama, and ascertain whether the change might be continuously influenced by the abolishment of this system.     

A D19S433 primer binding site mutation and the frequency in Japanese of the silent allele it causes

Short tandem repeat studies are powerful tools for parentage analysis and for identification of missing persons, victims of murder, and victims of mass fatalities when reference samples are unavailable. The primer in the Identifiler kit failed to amplify an allele at the D19S433 locus, producing a silent ("null") allele. The causal mutation is a base change (G>A) 32 nucleotides downstream from the 3' end of the AAGG repeats. The silent alleles are problematical in parentage analysis because when transmitted, they can cause a parent-child inconsistency that is unrelated to Mendelian genetics. The inconsistency is sometimes termed an "apparent opposite homozygosity" and it produces false evidence of nonparentage. Alternative primers were designed to amplify the D19S433 locus alleles and they detect the silent allele. Frequencies of the (no longer) silent allele were determined to be 0.0114 in 176 people from Shizuoka (Honshu) and 0.0128 in 156 people from Okinawa.     

16 Y chromosomal STR haplotypes in Japanese

A total of 1079 Japanese males were typed for the following 16 Y chromosomal short tandem repeat (Y-STR) markers: DYS456, DYS389I, DYS390, DYS389II, DYS458, DYS19, DYS385, DYS393, DYS391, DYS439, DYS635, DYS392, Y GATA H4, DYS437, DYS438 and DYS448 using an AmpFlSTR(R) Yfiler PCR Amplification kit (Applied Biosystems). A total of 950 haplotypes for the 16 Y-STR markers were detected and, of these, 886 haplotypes were unique. The most frequent haplotype was found in 22 Japanese males. The haplotype diversity was 0.9992, indicating a high potential for differentiating between male individuals. There were 10 haplotypes with no allele detected at the DYS448 marker. Thus, the presence of such atypical haplotypes should be noted, when DNA typing results obtained from degraded DNA samples and/or DNA mixture samples from more than one male individual are being interpreted.