专家辅助人出庭质证规则研究

现代科学技术的迅猛发展对司法审判产生了巨大的影响,各种科学问题、技术证据、鉴定意见呈现于法庭,法官在审判案件中由于知识和经验的局限性而难以判断,在此背景下专家辅助人制度应运而生。英美法系有专家证人制度,存在完善的以交叉询问为主的专家证人出庭质证规则,大陆法系国家和地区有诉讼辅助人制度,虽然立法中没有明确的出庭质证规则,但是有完善的鉴定人出庭质证规则。我国当前专家辅助人出庭质证规则没有明确的规定,但准用证人出庭质证规则。不过目前缺乏进一步的理论阐述,且简单直接适用也存在问题,同时缺乏系统的、具体的、具有可操作性的质证规则。对此笔者提出构建专家辅助人出庭质证规则的建议。     

新世纪马来西亚华文教育研究综述

马来西亚是除中国大陆、台湾、港澳地区以外唯一保留华文教育体系的国家并且华文教育体系完备,具有鲜明的国别特点。对2000年以来马来西亚华文教育的相关文献进行梳理和归纳,主要是整体状况、学校、教材、课程、师资与学习动机六个主题。新世纪马来西亚华文教育总体呈现以下五个特点:华文教育的推广和国家建设之间的博弈;各层次华文学校皆在夹缝中生存;华文教材和课程体系不完善且水平参差不齐;华文师资紧缺且教师专业素质不高;华文学习动机体现了深层次的语言意识形态。马来西亚华文教育在华人的努力和奋斗下,整体上既有困境和挑战也有光明的未来,发展道路并不平坦,但由于各种国际和国内因素的交织,尚有较大的发展空间。     

Skull and Encephalic Injuries Caused by Beach Umbrellas: Case Reports and Review of Literature

This study reports two unusual cases of skull‐encephalic injuries in bathers that were caused by violent impacts with beach umbrellas. The first case concerned a 36‐year‐old man who, while lying on a sun bed, was struck on his left temple by a beach umbrella, which had been blown away by a gust of wind. The second case concerned a six‐year‐old child who was struck on the right temporal region while he was playing on the sand. Both subjects died. A review of the literature was carried out. Various skull and brain injuries caused by several objects were found, but no injuries caused by beach umbrellas were detected. There were only cases of injuries caused by normal umbrellas. These cases showed that several objects can be responsible for traumas causing skull and brain injuries, therefore forensic investigation must be supplemented by circumstantial data.     

One Hundred and One Cases of Plastic Bag Suffocation in the Milan Area Between 1993 and 2013—Correlations,Circumstances, Pathological and Forensic Evidences and Literature Review

Plastic Bag Suffocation is a rare cause of death in developed countries and almost unknown in the rest of the world. This study aims to retrospectively evaluate cases of PBS _asphyxia in Milan's Department of Legal Medicine from 1993 to 2013. Cases were selected from the database of 21,472 autopsies performed in the considered timeframe. One hundred and one cases were considered to be cases of Plastic Bag Suffocation, comprised of 100 suicides, no accidental events and 1 homicide. The most relevant elements pertaining to this type of death were evaluated for both the corpses and the crime scenes. From this study the typical PBS victim is an adult male, aged 52.3 years on average, depressed or afflicted by chronic or terminal diseases, and found at home. In 42.6% of cases, the victims were found with the plastic bag still positioned over their head, fastened by tying. Also common among these cases are drugs, alcohol and chemical abuses. According to the collected data, it is impossible to outline a pathognomonic detrimental background that leads to this cause of death. Crime scene investigation is, therefore, the one and only technical resource for evaluating these cases.     

ICF脑卒中核心分类组合功能的图形建模研究

目的依据《国际功能、残疾和健康分类(ICF)》脑卒中核心组合,探讨脑卒中相关功能类目之间的关系,绘制ICF脑卒中核心分类组合的功能地形图,为脑卒中的伤残评定提供科学理论依据。方法收集106例脑卒中被鉴定人样本,采用"最小的绝对缩减和变量选择算子",研究脑卒中ICF核心组合功能的59项类目变量之间的条件依存关系,并用图形建模分析类目之间的内在联系,绘制功能地形图。结果 59项类目之间的相互联系构成了功能地形图,b340、b735、b175和b152因关联性较高而居于地形图的中心位置。结论脑卒中功能地形图可以揭示ICF功能类目之间复杂的关系结构及关联程度。可以为应用ICF进行脑卒中的伤残评定提供科学理论依据。     

浅议先合同义务

缔约过失责任制度是由德国法学家耶林提出并被誉为法学上的重要发现,对各国的立法和判例法都产生了深远的影响。先合同义务作为缔约过失责任的首要构成要件,对契约生效前契约双方的权利、义务的界定,以及对正确掌握缔约过失责任成立的时间段、缔约过失责任的性质等具有重要的意义。     

环境权实现方式探析

环境权的提出和发展透视了环境问题日趋严重的事实,思考环境权的实现具有现实意义,尤其是在综合分析世界主要国家立法情况的基础之上,对环境权加以必要界定,既而厘清环境权与人权的关系,并借助传统权利、程序权利(如公众参与权利)、义务规定和人权法律最终实现环境权。     

Bribery and Public Debt Repudiation

In cases where policy makers accept ``bribes'' offered by organised lobbies or interestedparties, government decisions can be modelled as a first price menu auction. In this paper we adaptthis structure to model debt repudiation. We considera one-period model in which two generations, parents and children, are present, and debt titles are unevenlydistributed among parents. The government can repaythe debt by a combination of taxes on the children'sincome and on the outstanding debt. We excludeintergenerational conflicts, assuming that the parents'and children's objective is to maximise the utility ofthe family. In this perspective, families make offersthat relate monetary contributions to the taxstructures chosen by the government. On the hypothesisthat all interests are represented, we obtain theresult that the government is indifferent to the taxstructure.     

An analysis of the neighborhood impacts of a mortgage assistance program: A spatial hedonic model

Down payment or closing cost assistance is an effective program in addressing the wealth constraints of low‐and moderate‐income homebuyers. However, the spillover effect of such programs on the neighborhood is unknown. This paper estimates the impact of the City of Dallas Mortgage Assistance Program (MAP) on nearby home values using a hedonic model of home sales from 1990 to 2006. We define neighborhoods of 1,000 feet around each sale and estimate the average differences in sales prices between neighborhoods with various numbers of MAP properties before and after their appearance. We find that MAP properties tend to locate in neighborhoods with lower property values; however, unless a concentration of MAP properties forms, the infusion of MAP properties has little detrimental impact on neighboring property values. Moreover, low concentration of MAP properties has a modest positive impact on surrounding property values. © 2010 by the Association for Public Policy Analysis and Management.