放纵“坏人”:程序正义的对价——读《合理的怀疑:从辛普森案批判美国司法体系》

辛普森案是美国形式主义法治的典型,该案似乎向世人暗示:'坏人'未必受到制裁,'好人'也未必一定得到法律的保护。道德意义上的'好人'和'坏人'只是人们的主观评价,在司法语境中,'坏人'和'好人'必须通过证据的佐证才能成立。辛普森一案显示,犯罪嫌疑人的'坏人'形象完全可能是控方通过媒体塑造出来的,而媒体所塑造的'坏人'形象未必就是真正的'坏人'。美国式的程序正义的核心在于:如果控方不能通过举证排除合理怀疑,那么,陪审团就可以判定被告无罪,即使被告是个真正的'坏人'。程序正义背后的理性算计在于:放纵'坏人'是为了不冤枉'好人',也就是说,放纵'坏人'是程序正义的对价。

坏人到底在想什么

坏行为的内部基础由三个部分的情感组合而成，而其一贯的思考主轴在于令他人臣服——甚至消失。

从后结构主义角度解读当下网议热题：“老人变坏了”还是“坏人变老了”？

当下，网络上由最近发生的一些“老人事件”引发了热议话题“是老人变坏了还是坏人变老了？”围绕这个话题，网民对“老人”群体以及“坏人”群体进行了身份的定位，把整个“老人”群体先验性地定义为坏人，或固化地把“坏人”群体当成至始至终的坏人。后结构主义是20世纪六十年代以来率先在法语世界崛起的一股学术思潮。它有一个很重要的特点是：认为身份以及认同不是先验的和僵化的，而是在复杂的社会过程中被不断重新定义与再生产的。从这一基本观点出发，本文欲对“是老人变坏了还是坏人变老了？”这一话题进行解读和批判，并尝试对“老人事件”给出一种新的解构。

法律实证主义的多重转向

法律实证主义是20世纪西方三大主要法学流派之一,同时,它又是一个多变的、不断发展的法学流派。其在发展过程中曾出现了多重转向:从科学主义到诠释学的转向、从"坏人视点"向"好人视点"的转向以及从"义务本位"到"权利本位"的转向。虽然法律实证主义经历了多重转向,但仍然没有自我解构。

Twenty-eight Cases of Diabetic Foot Ulcer and Gangrene Treated with the Chinese Herbal Medicine Combined with Injection of Ahylsantinfarctase

Since 1995, the Chinese herbal medicine for supplementing qi and activating blood circulation combined with injection of ahylsantinfarctase into the femoral artery has been used in 28 cases of diabetes complicated with gangrene and ulcer of the foot, with quite good therapeutic effects as reported in the following.……

rmhTNF-α Combined with Cisplatin Inhibits Proliferation of A549 Cell Line In Vitro

Objective To explore the inhibitory effect of recombinant mutant human tumor necrosis factor-α(rmhTNF-α) in combination with cisplatin on human lung adenocarcinoma cell line A549. Methods Human lung adenocarcinoma cell line A549 was treated with varying concentrations of rmhTNF-α(0.38, 0.75, 1.50, 6.00 and 12.00 IU/ml) or cisplatin(3.91, 7.81, 15.63, 31.25 and 62.50 μg/ml) for 24 hours. Viable cell number was analyzed by using crystal violet staining. The inhibitory rates of A549 cells growth by the two drugs were calculated. For analyzing whether there was a synergistic effect of rmhTNF-α with cisplatin, A549 cells were treated with 0.75 IU/ml rmhTNF-α and increased concentrations of cisplatin. Results rmhTNF-α or cisplatin inhibited the growth of A549 cell lines in a dose-dependent manner. The inhibitory effect of rmhTNF-α combined with cisplatin was significantly greater than cisplatin alone at the same concentration(all P<0.01). Conclusion rmhTNF-α combined with cisplatin might have synergistic inhibitory effect on human lung adenocarcinoma cell line A549.

Global progress against cancer—challenges and opportunities

The last ten years have seen remarkable progress in cancer research. However, despite significant breakthroughs in the understanding, prevention, and treatment of cancer, the disease continues to affect millions of people worldwide. Cancer＇s complexity compounded with financial, policy and regulatory roadblocks has slowed the rate of progress being made against cancer. In this paper, we review a few of the most recent breakthroughs that are fueling medical advances and bringing new hope for patients affected by this devastating disease. We also address the challenges facing us and the opportunities to accelerate future progress against cancer. The efforts of the American Association for Cancer Research （AACK） to address the cancer burden already extend beyond the borders of the United States of America. The AACR is committed to increasing its efforts to stem the tide of cancer worldwide by promoting innovative programs, strategies, and initiatives for cancer researchers and all those engaged in cancer-related biomedical sciences around the world.

Measuring economic loss caused by ecological damages: a case study of China's forest ecosystem in 2005

At present about 60% of ecosystem has been damaged and degraded severely, resulting in enormous ecological loss globally. The essential cause is the irrational utilization of ecosystem by humankind, so it is tire key to changing improper environmental performance of humankind so as to prevent ecosystem from being damaged The quantitative valuation on the loss of ecological damage is an effective tool to guide human eco-environmental performance. In this paper, the concepts related to the valuation on ecological damage cost are introduced,＂ uncertainties that might arise in the valuation on the loss of ecological damage such as area coverage of valuation, ecological damage quantity, borders of ecological damage cost and data support are analyzed and the valuation approaches for the loss of ecological damage are also discussed As a case study, the economic losses of ecological damage of forest in 2005 in China are valuated.

Rainfall occurrence and its relation to flood damage in China from 2000 to 2015

China is highly susceptible to flood disasters and subjected to great damage every year.Furthermore, the flood frequency has exhibited an increasing trend in recent years. Most flood events,including flash floods and river flood, are induced by rainfall. This study investigates annual variations of rainfall occurrence over China during the period from 2000 to 2015 at the national and regional scale using daily rainfall data from the Tropical Rainfall Measuring Mission. The Mann-Kendall test is performed for trend detection, and statistical data of flood damage published by China's government,including destroyed crop area, damaged buildings,direct economic loss, percentage of GDP(gross domestic product), and death toll are correlatively analysed with rainfall occurrences. The results show that storm rain events show the greatest variation among three rainfall types(moderate rain, heavy rain and storm rain). The variation coefficients of rainfall over Northeast China, North China, and Northwest China are the highest, whereas that for Southwest China is the smallest. Moderate rain, heavy rain over Central China, and moderate rain over Southwest China exhibits decreasing trends, whereas the remaining exhibit increasing trends. The correlation between the rainfall occurrences and these flood damage indices at the national scale shows that only direct economic loss has a strong positive correlation with rainfall occurrences, and the other indices have weaker correlations. The correlation is strong in three north regions, except for death toll in Northwest China. In contrast, the correlation between flood damage and rainfall is weak in East China, Central China, Southwest China, and South China. Overall,death toll is strongly correlated with the number of damaged buildings, implying that flood fatalities in China are likely associated with building collapse, and are dominated by specific extreme events. This study can provide a scientific reference for flood management in China.

Casualties' States During Destructive Earthquakes

The index of casualties is introduced for the trapped that is still alive after a destructive earthquake to indicate his (her) injury degree. In order to describe the injury-developing process controlled by three factors: the initial injury degree, the trap surroundings and the physique of the cornered, a function SFC (State-Function of Casualties) can be naturally constructed. Through parameter analysis from eight pieces of figures, it can be found that the trapped with weaker physique and worse initial injury degree and in more adverse trap surroundings deserves sooner rescue.

Effects of Gancao Nourish-Yin Decoction on Liver Metabolic Profiles in hTNF-αTransgenic Arthritic Model Mice

Objective Gancao Nourish-Yin Decoction(GNYD)has been applied to clinical rheumatoid arthritis(RA)patients,and it had shown effectiveness not only in disease activity controlling but also in improving patients'physical status.However,its mechanism of function has not been investigated.Metabolic perturbations have been associated with RA,and targeting the metabolic profile is one of the ways to manage the disease.The aim of this study is to observe the effect of GNYD on metabolic changes of human tumor necrosis factorα(hTNF-α)transgenic arthritic model mice.Methods hTNF-αtransgenic arthritic model mice were divided into the control group and the GNYD group with six mice in each group.After 8 weeks of treatment,liver tissues of mice in both groups were obtained for liquid chromatography-mass spectrometry analysis.Significantly regulated metabolites by GNYD treatment were first identified,followed by Kyoto Encyclopedia of Genes and Genomes pathway and network analysis.Results A total of 126 metabolites were detected in the liver.Compared with the control group,17 metabolites in the GNYD group were significantly altered.Specifically,thiamine,gamma-L-glutamyl-L-valine,pantothenic acid,pyridoxal(vitamin B6),succinic acid,uridine 5′-diphospho-glucuronic acid,uridine,allantoic acid,N-acetyl-D-glucosamine,nicotinamide ribotide,and N2,N2-dimethylguanosine were down-regulated by GNYD treatment,whereas isobutyrylglycine,N-acetylcadaverine,N-carbamoyl-L-aspartic acid,L-anserine,creatinine,and cis-4-hydroxy-D-proline were up-regulated.Six metabolic pathways were significantly altered including the alanine,aspartate,and glutamate metabolism;pyrimidine metabolism;thiamine metabolism;amino sugar and nucleotide sugar metabolism;pantothenate and CoA biosynthesis;and citrate cycle.Integrative metabolic network analysis suggested the possibility of GNYD having both positive and negative effects on RA through the suppression of angiogenesis and the promotion of leukocyte extravasation into the synovium,respectively.Conclusions GNYD can modulate the hepatic metabolism of hTNF-αtransgenic arthritic model mice.Further optimization of this decoction may lead to better therapeutic effects on RA patients.

Increased tumor necrosis factor receptor 1 expression in human colorectal adenomas

AIM: To determine the expression statuses of tumor necrosis factor (TNF)-α, its receptors (TNF-R) and downstream effector molecules in human colorectal adenomas. METHODS: We measured the serum concentrations of TNF-α and its receptors in 62 colorectal adenoma patients and 34 healthy controls. The protein expression of TNF-α, TNF-R1, TNF-R2 and downstream signals of the TNF receptors, such as c-Jun N-terminal kinase (JNK), nuclear factor-κ B and caspase-3, were also investigated in human colorectal adenomas and in normal colorectal mucosal tissues by immunohistochemistry. Immunofluorescence confocal microscopy was used to investigate the consistency of expression of TNF-R1 and phospho-JNK (p-JNK). RESULTS: The serum levels of soluble TNF-R1 (sTNF-R1) in adenoma patients were significantly higher than in the control group (3.67 ± 0.86 ng/mL vs 1.57 ± 0.72 ng/mL, P < 0.001). Receiver operating characteristic analysis revealed the high diagnostic sensitivity of TNF-R1 measurements (AUC was 0.928) for the diagnosis of adenoma, and the best cut-off level of TNF-R1 was 2.08 ng/mL, with a sensitivity of 93.4% and a specificity of 82.4%. There were no significant differences in the serum levels of TNF-α or sTNF-R2 between the two groups. Immunohistochemistry showed high levels of TNF-R1 and p-JNK expression in the epithelial cells of adenomas. Furthermore, a high incidence of co-localization of TNF-R1 and p-JNK was identified in adenoma tissue. CONCLUSION: TNF-R1 may be a promising biomarker of colorectal adenoma, and it may also play an important role in the very early stages of colorectal carcinogenesis.

The Séchilienne (France) Landslide:a Non-typical Progressive Failure Implying Major Risks

The National Road RN 91 has been threatened for about twenty-five years by a huge landslide, located 25 km south-east to the town of Grenoble (France). If several million cubic meters of rock fall down, the debris will dam the valley. Then the failure of the dam by overtopping and rapid erosion might result in a catastrophic flood and dramatic consequences for human life, environment and economy throughout the valley. The paper presents the hazard assessment based on geological and hydrological surveys, including small scale hydraulic tests, as well as the risk evaluation that has been performed. The risk management relies first upon a high level monitoring and an emergency plan; various mitigation strategies have been considered.

Necrotic Incompatibility in Crosses of Bread Wheats in Argentina

Abstract： Synthetic wheats are the product of the cross between Triticum turgidum L. var. durum and T. tauschii. The 7＇. tauschii has shown excellent resistance to diseases, salinity, and drought, However, these synthetic wheats are also carriers of genes that produce varying degrees of necrosis, which is expressed as death of tissues in the hybrids （F l） generated from crosses with other bread wheats Necrotic incompatibility is a gradual premature leaf death in certain bread wheat F1 plants and it is caused by the interaction of two genes Nel and Ne2. In this paper 40 hybridizations with T. tauschii in the genetic constitution of some of the two parents made in 2006 and 2007 are presented, and their respective F1 planted at the CEI Barrow （Chacra Experimental de Barrow）. The plants that showed necrotic incompatibility had less growth than the normal F1 at tillering. Symptoms appeared at the beginning of tillering, remaining in that state and till jointing but they never headed. Out of the 16 Argentinean commercial cultivars evaluated, seven had the Ne allele in its genetic constitution and therefore showed necrotic incompatibility, whereas nine of them did not have the NE allele and their F 1 developed normally.

霍姆斯法律思想的现代性分析

霍姆斯是美国实用主义法学、社会法学和现实主义法学的奠基人,他的很多观点深刻而又易于引起争议。"法律的生命是经验而非逻辑"与"法律是一种预测"是他最著名的法律观点,而在法律思考中采用的"坏人"视角与"严格区分法律与道德"的方法更使法理学研究上了一个新的台阶。重新认识霍姆斯和他的法律思想对于今天的法理学研究仍然具有非常重要的意义。

Influence of systemic immune and cytokine responses during the acute phase of zoster on the development of postherpetic neuralgia

Postherpetic neuralgia(PHN) is a severe sequela of herpes zoster(HZ).Until now,only age and pain severity were considered predisposing factors for the development of PHN.We evaluated 49 patients with acute phase HZ,10 of whom developed PHN(Group A) and 39 of whom did not develop PHN(Group B).Twenty-five healthy volunteers similar in age and gender distribution to the study group were recruited as controls(Group C).Numbers of serum CD3+(pan-T lymphocytes),CD4+(helper/inducer),and CD8+(suppressor/cytotoxic) lymphocytes were decreased significantly in Groups A and B relative to the control group,but there were no statistical differences between Groups A and B.Interleukin(IL)-1β,IL-6,tumor necrosis factor(TNF)-α,IL-8,and IL-10 were significantly elevated in Groups A and B relative to Group C.IL-6 was significantly higher in Group A than in Group B,and was significantly positively correlated with pain severity scored on a visual analog scale.Therefore,we suggest that the inflammatory response,especially that of IL-6,in the acute phase of HZ may be associated with hyperalgesia and the development of PHN.

Curative effect of Xuebijing injection on severe pulmonary contusion

OBJECTIVE： To investigate the curative effects of Xuebijing （XBJ） injection, a Chinese patent medi- cine, on severe pulmonary contusion （PC）. METHODS： Sixty-three patients with PC were ran- domized to conventional therapy plus XBJ injec- tion （n=33） or conventional therapy alone （n=30）. Between groups differences in corticosteroid treat- ment, immune regulation therapy, hemofiltration, infusion volume, transfusion volume and antibiotic period were measured, as were intensive care unit（ICU）-free time, ventilation time, 28-day mortality rate and incidence of ventilation-associated pneu- monia （VAP）. Serum concentrations of procalcito- nin （PCT）, tumor necrosis factor-a （TNF-a）, interleu- kin （IL）-6, and 11_-10, white blood cell （WBC） counts and percentages of human leukocyte antigen DR/ CD14＋ （HLA-DR/CD14＋） peripheral blood mononu- clear cells were compared. Markers of ventilation were determined by blood gas analysis and ventila- tor parameters. RESULTS： WBC counts and serum concentrations of PCT, TNF-a, 11.-6 and IL-10 were reduced signifi- cantly more quickly, and CD14＋ percentage was in- creased significantly earlier, in the XBJ group than in the control group （P〈0.05 each）. The level of ven- tilation and oxygenation index were ameliorated earlier in the XBJ than in the control group （P〈 0.05）. XBJ treatment significantly reduced ICU-free time, ventilation time and incidence of VAP （P〈0.05 each）, but had no effect on 28-day mortality rate （P〉0.05）. CONCLUSION： XBJ treatment can shorten ICU-free and ventilation times and reduce the incidence of VAP, improving outcomes in patients with severe PC. XBJ may act by regulating inflammation and im- munity, alleviating systemic inflammatory response syndrome induced by trauma.