笔迹鉴定中应当注意的问题

当前,与经济有关的刑事、民事和行政案件中的笔迹物证成为笔迹鉴定的主要对象。由于各种因素的影响,使笔迹鉴定工作增加了许多难度,甚至无法作出结论,因此,要获得正确的鉴定结论,笔迹鉴定过程中应当注意:第一,确定笔迹物证是否正常笔迹,有无模仿伪装;第二,全面运用笔迹特征,作出正确鉴定结论;第三,注意其他特征痕迹,揭露伪造篡改;第四,提高司法办案人员物证技术知识水平。     

犯罪现场微量物证的形成、发现与采取

本文论述了犯罪现场微量物证的形成规律、现场存在规律 ,以及微量物证的发现、采取与包装方法 ,以便使侦查和刑技人员在刑事侦查中正确认识微量物证的形成规律 ,掌握微量物证的发现方法和正确的采取方法 ,充分利用微量物证揭露和证实犯罪。     

见微知著--浅谈微量物证

微量物证是一切以量小体微的存在状况、外部特征以及其品质、性能来证明案情的客观实在。微量物证是物证的一种,它除了具有物证客观性、特定性和间接性的基本特征外,还具有量小体微、不易毁灭、出现几率高、多样性、依附性、隐蔽性、易被污染和丢失,具有分离和不完整性以及必须运用先进技术手段检验等特点。微量物证可以为案件的侦破提供线索,可以为证实犯罪提供科学依据。     

物证“同一认定“的过程及特征量化分析

物证鉴定的核心问题是“同一认定”理论和物证的特征由定性向定量的转化问题。物证的特征是物证所具有的客观条件和个人的主观条件相结合的产物。个人的知识与实践经验是确定物证特征的主观条件。共性特征和异性特征同属于物证同一认定的评判特征。共性特征决定肯定判断的方向 ,异性特征决定否定判断的方向。物证同一认定具有相对性和矛盾对抗性一面 ,不能把同一认定机械地理解为绝对的“同一”。正确理解和把握同一认定准确率的含义 ,不仅加深了对同一认定理论的正确理解 ,而且树立了唯物辩证法对立统一的世界观 ,对实践工作具有指导意义 ,避免认定工作中存在的盲目性 ,减少错误现象的发生     

侦查破案论

侦查破案概念应当从行为、认知、结果等3个角度进行界定。破案条件规定应当从侦查措施及 强制措施采取的合理性根据维度进行理解,即有关侦查措施和强制措施只有在案件事实调查、证据收集以及 犯罪嫌疑人确定程度等方面达到一定标准时方可以采取。破案的思维方法包括经验方法和逻辑方法两类。 破案的行为方法主要包括巡逻发现、物证分析、重点排查、秘密侦查、诱惑侦查等5种基本类型。     

铁路旅财盗窃案件模拟训练教学方案设计

铁路旅财盗窃案件模拟训练教学属于综合性模拟训练,它是一种设置模拟铁路实战环境,并由教师组织设计、学生扮演模拟实战环境中的角色,从事接报警、现场紧急处置、现场勘查、调查访问、辨认、搜查、信息查询、审讯、查缉等一系列警务活动的训练模式.模拟训练教学案情设计是核心内容,包括：一是乘警接报警工作,二是侦查人员调查访问工作,三是物证布设工作,四是犯罪嫌疑人作案过程,五是信息查询和检验鉴定,六是拟采取的侦查措施.最后,还要做好策划模拟训练教学的组织实施工作.     

物联网及无线定位技术在物证管理中的应用

物证监控信息化管理系统发展大趋势是智能化,综合利用物联网RFID技术可对物证进行智能化识别、登记、使用、监控以及生命周期管理等;应用RFID与ZigBee相结合的室内无线定位技术,可实现自动获取、管理物证实时可控的状态信息,防止物证被盗或丢失,提高管理和维护效率。     

有关建立环保税制的探讨

如何利用税收手段促进环境与资源的保护,实现社会与经济的可持续发展,已成为我国税制改革所面临的重要课题。建立和完善我国的环保税制的其基本构想:一是以保护环境为课征目的,专门针对污染、破坏环境的行为或产品课征的各项特殊税种。二是在其他税种中为保护环境而采取的各种税收调节措施,包括对污染、破坏环境的行为和产品所采取的加重税收负担的措施和为激励纳税人防治污染、保护环境所采取的税收优惠措施。     

如何收集提取笔迹样本

当前,笔迹鉴定案件中笔迹物证的条件较差,如字少,笔画简单,并且存在伪装摹仿等,使笔迹鉴定工作增加了很大的难度。因此,在实际工作中应当更加注重笔迹样本的收集提取,这也是当前笔迹鉴定工作中的一个重要内容。本文旨在研究、介绍收集提取笔迹样本的具体方法和操作技巧。     

痕迹鉴定意见的司法困境及现实应对

司法活动趋向客观公正化是当今法律实务的发展趋势,痕迹鉴定意见理当积极作出相应调整。然而,痕迹物证的属性、痕迹鉴定的影响因素,以及司法证明的要求,使得当前痕迹鉴定意见客观性存有不足,限制了痕迹鉴定意见的司法适用。痕迹鉴定可以从构建痕迹鉴定统一的技术标准体系、方法标准体系、程序标准体系三方面入手,提升其客观性,以有效破解痕迹鉴定意见的司法适用困境。     

The use of client surveys to gauge the threat of contamination in welfare reform experiments

This paper examines the type of evidence policy analysts have used to identify the presence and magnitude of contamination in welfare reform experiments. Peter Rossi's critique of the New Jersey Family Development Program evaluation motivates the following discussion. In this critique Rossi and others contend that client misperception about experimental control‐group assignment resulted in contamination that negates reported treatment effectiveness. By applying the framework of the Rubin Causal Model (RCM) to isolate “pure” and “impure” experimental and control cases, the actual group assignment and not self‐reported membership is shown to be a more accurate gauge of treatment level and effect. The analysis reveals that the form of contamination Rossi detected leads to underestimates of treatment effects, not their evaporation. While contamination is a legitimate threat in any research design its identification must be based on empirical measures. © 2003 by the Association for Public Policy Analysis and Management.     

Fact or artifact revisited: Survey instrument effects and pocketbook politics

Sears and Lau (1983) presented evidence that apparent self-interest effects can be, and have been, generated in political surveys by question order artifacts. This evidence was based in part on a tabulation of published reports of self-interest effects in the NES series, specifically on the political effects of personal financial situation. From another analysis of the NES data, Lewis-Beck (1985) concluded, to the contrary, that personal finances have in fact had a consistent effect on voting preferences, without significant contamination from such artifacts. We here argue that his analysis inappropriately defines the conditions for possible contamination. We first lay out a theory of when such contamination effects might occur. We then repeat our analysis, taking into consideration both his observations and our own reappraisal of our procedures. We obtain results consistent with our original position, although the results are confounded by different types of questions appearing disproportionately in contaminated and uncontaminated conditions. However, the 1984 election appears to be a special case, in which self-interest effects were strong and relatively uncontaminated. We then report a split ballot experiment that is not confounded by item content, and find results consistent with our original position. However this methodological debate may be resolved, on the larger question of whether people's economic self-interest has major political implications, the evidence seems clear. In cases not contaminated by item order, which we would take to be the most appropriate test of self-interest effects, personal finances have on the average had only a small effect on political responses.An earlier version of this paper was presented at the 1989 annual meeting of the Midwest Political Science Association, Chicago. Address all correspondence before June 30 to Richard R. Lau, Department of Social and Decision Sciences, Carnegie Mellon University, Pittsburgh, PA 15213; after July 1 address correspondence to Richard R. Lau, Department of Political Science, Rutgers University, New Brunswick, NJ 08903.     

Coordination between electoral arenas in multilevel countries

This article shows the existence of a coordination dilemma in multilevel countries that hold elections for different parliaments, at different territorial levels and with different electoral rules. With evidence from Spain, the analysis identifies interaction or contamination effects between national and subnational electoral arenas that generate, just as in most mixed-member electoral systems, a centrifugal force that increases the number of electoral parties in national elections. The incentives that solve this coordination dilemma faced by small regional or local parties are theoretically discussed and empirically tested.     

Too close to home: Dioxin contamination of breast milk and the political agenda

Both the Canadian and U.S. governments have determined that breast-fed infants are among the populations most exposed to dioxins, receiving levels of exposure orders of magnitude above those considered acceptable. In light of the political controversy associated with dioxins and the cultural significance of breast milk as a symbol of purity, one might have expected dioxin contamination of breast milk to achieve prominence on both the popular and governmental agendas. Yet as this article demonstrates, this issue has received less media and governmental attention than other environmental issues believed to present comparable or lower health risks. Consistent with recent literature on agenda denial strategies, there is some evidence that efforts by environmental groups to publicize levels of breast milk contamination have been rebuffed by government officials, physicians, and breastfeeding advocacy groups fearful that women will stop breastfeeding. However, what is more striking is just how seldom environmentalists have attempted to reframe this issue. The article argues that North American environmentalists have consciously chosen not to press the dramatic issue of breast milk contamination out of concern that mothers would discontinue breastfeeding, as well as personal anxiety about an issue that fundamentally challenges conceptions of our own bodies and our relationships with our children. Their self-restraint challenges the depiction by some authors of environmental groups as eager to capitalize on any opportunity to provoke public concern and outrage to advance their agenda. The case study also suggests that the literature on agenda setting must look beyond active strategies of agenda denial by economically and politically powerful interests, to the role of shared cultural values in shaping – and restricting – the political agenda.     

Duverger's Law in mixed legislative systems: The impact of national electoral rules on district competition

How do institutional factors shape district competition in mixed legislative systems? Preliminary evidence suggests the distinction between sub‐types of mixed systems alone poorly explains variation in district results. Consistent with the contamination thesis, this analysis suggests three additional national‐level factors at play: fused ballots, the electoral threshold for proportional representation seats, and the existence of compulsory voting laws. Regression analysis on an original dataset covering 90 mixed system elections in 23 countries (1990–2012) finds that while mixed member majoritarian systems correlate with fewer district candidates, these three often overlooked factors are also statistically significant. This analysis highlights the complexity of mixed systems and suggests why many of them diverge from Duverger's Law.     

Escherichia coli,Corporate Discipline and the Failure of the Sewer State

Recent panics over adulterated beef have led the US federal government to institute what it calls a ‘risk-based, science-based’ approach to food safety. Rather than having federal inspectors monitoring carcasses for microbial contamination, the USDA has implemented a system known as HACCP that asks firms to regulate their own production processes. HACCP is an incidence of audit, a new method of governmentality widely used by state agencies. This paper argues that although ‘sewer states’ try to create trust in government by eliminating contamination, audit-based systems paradoxically create anxiety by highlighting overflows of filth and ‘zones of wildness’ where contamination is rampant.     

The parable of the poisoned pork: Network governance and the 2008 Irish pork dioxin contamination

The 2008 contamination of Irish pork with dioxins was one of the most significant recent food safety incidents in the European Union (EU). While the contamination posed no real risk to public health, it tested the efficacy of EU food safety regulation and governance which has been considerably overhauled in the past decade. The exchange of risk information through networks of regulators is an important element of the EU food safety risk management framework. Networks are a much‐lauded form of new governance, though they are not without their problems. In this paper, we address the question of why governance networks can fail. We examine this issues using the case study of the 2008 Irish dioxin contamination and explore the reason for the failure to make more substantial use of networks in the governance of that incident. We hypothesize that the reason for such failure may be found in three inherent tensions which exist in the design and management of networks, namely flexibility/stability, inclusiveness/efficiency, and internal/external legitimacy. The paper concludes that by ensuring the external legitimacy of the EU's Rapid Alert System for Feed and Food (RASFF) through increased transparency of communications, the design of RASFF has stifled its internal legitimacy with regard to certain types of important information exchanges.     

Going It Alone? Strategic Entry under Mixed Electoral Rules

Recent studies on strategic voting and entry in elections that combine plurality or majority and proportional representation (PR) have found candidate placement in single-member district (SMD) races to improve a party's PR performance. The primary implication of the existence of "contamination effects" is that parties have an incentive to nominate candidates in as many single-member districts as possible. Pre-electoral coordination in the majoritarian component of mixed electoral systems, however, is far from uncommon. In this article, we identify a number of institutional incentives that induce political parties to form pre-electoral alliances in spite of contamination effects. By identifying institutions that favor and hamper coordination, we seek to advance the understanding of PR-SMD interactions and to assess their implications for the design, classification, and empirical analysis of mixed electoral rules. Our statistical tests evaluate strategic entry in a diverse sample of countries.     

Environmentally Sustainable Human Space Activities: Can Challenges of Planetary Protection be Reconciled?

Scientists and other experts have long expressed concern about protecting the environments of other planets from human contamination. Their objective is to preserve those environments for the search for indigenous life and other scientific research that human contamination could confound or even preclude. Within the past few years, the United States has embarked on plans to extend human presence to other planets—notably, Mars, where the search for indigenous life is focused at present. Other countries may eventually have this goal as a long-run objective. Current international and national policies to protect other planetary environments are limited almost exclusively to governance of robotic exploration and do not address measures to be taken during activities conducted by humans. This article borrows from the domain of environmental policy to suggest the concept of environmental sustainability as a possible framework to mediate conflicting objectives associated with extending human presence in space. A key conclusion is that defining a balancing test to achieve sustainability requires more systematic and thorough discussion of rationales for an extended human space presence—a difficult but necessary dialog for achieving the stated goals of planetary protection.     

SOCIAL PROBLEM-SOLVING IN A REVOLUTIONARY SETTING: NICARAGUA'S PESTICIDE POLICY REFORMS

Pesticide related health problems and environmental contamination have plagued the Third World for several decades. This study explores the efforts to resolve pesticide problems within the context of the Nicaraguan revolution. Through a case study of Nicaragua's pesticide policy reforms the opportunities afforded by Third World revolutions to address specific social problems are analyzed. The study then explores the array of obstacles to implementation of such reforms generated by political and military opposition to revolutionary change and concludes with an assessment of prospects for social problem-solving in a revolutionary setting.