目的犯的法理探究

目的犯是指以超过的主观要素为罪责要素的犯罪。在我国刑法中存在目的犯的规定。从犯罪构成理论分析,目的犯之目的是犯罪规定之外的主观要素,它与规定之内的目的是有所不同的。目的犯的设立,为控方的举证增加了一定的难度,应当采用推定的方法正确地认定目的犯之目的。     

Using Named Entities for Computer‐Automated Verbal Deception Detection

There is an increasing demand for automated verbal deception detection systems. We propose named entity recognition (NER; i.e., the automatic identification and extraction of information from text) to model three established theoretical principles: (i) truth tellers provide accounts that are richer in detail, (ii) contain more contextual references (specific persons, locations, and times), and (iii) deceivers tend to withhold potentially checkable information. We test whether NER captures these theoretical concepts and can automatically identify truthful versus deceptive hotel reviews. We extracted the proportion of named entities with two NER tools (spaCy and Stanford's NER) and compared the discriminative ability to a lexicon word count approach (LIWC) and a measure of sentence specificity (speciteller). Named entities discriminated truthful from deceptive hotel reviews above chance level, and outperformed the lexicon approach and sentence specificity. This investigation suggests that named entities may be a useful addition to existing automated verbal deception detection approaches.     

美国惩罚性损害赔偿判决在外国的承认与执行

惩罚性损害赔偿是英美法系侵权法与合同法中的一项制度。惩罚性损害赔偿判决在大陆法系国家的执行引发了诸多法律问题。各国基于对判决的性质、对“公共秩序保留”原则的运用及一些程序性问题的不同认识 ,对惩罚性损害赔偿判决作出了不同的处理。     

Post-mortem Iris Decomposition and its Dynamics in Morgue Conditions

With increasing interest in employing iris biometrics as a forensic tool for identification by investigation authorities, there is a need for a thorough examination and understanding of postmortem decomposition processes that take place within the human eyeball, especially the iris. This can prove useful for fast and accurate matching of antemortem with postmortem data acquired at crime scenes or mass casualties, as well as for ensuring correct dispatching of bodies from the incident scene to a mortuary or funeral homes. Following these needs of forensic community, this paper offers an analysis of the coarse effects of eyeball decay done from a perspective of automatic iris recognition. We analyze postmortem iris images acquired for a subject with a very long postmortem observation time horizon (34 days), in both visible light and near-infrared light (860 nm), as the latter wavelength is used in commercial iris recognition systems. Conclusions and suggestions are provided that may aid forensic examiners in successfully utilizing iris patterns in postmortem identification of deceased subjects. Initial guidelines regarding the imaging process, types of illumination, and resolution are also given, together with expectations with respect to the iris features decomposition rates. Visible iris features possible for human, expert-based matching persists even up to 407 h postmortem, and near-infrared illumination is suggested for better mitigation of corneal opacity while imaging cadaver eyes (Post-mortem iris decomposition and its dynamics in morgue conditions. ArXiv pre-print, 2019).     

Image conditions for machine-based face recognition of juvenile faces

Machine-based facial recognition could help law enforcement and other organisations to match juvenile faces more efficiently. It is especially important when dealing with indecent images of children to minimise the workload, and deal with moral and stamina challenges related to human recognition. With growth related changes, juvenile face recognition is challenging. The challenge not only relates to the growth of the child’s face, but also to face recognition in the wild with unconstrained images. The aim of the study was to evaluate how different conditions (i.e. black and white, cropped, blur and resolution reduction) can affect machine-based facial recognition of juvenile age progression. The study used three off-the-shelf facial recognition algorithms (Microsoft Face API, Amazon Rekognition, and Face++) and compared the original images and the age progression images under the four image conditions against an older image of the child. The results showed a decrease in facial similarity with an increased age gap, in comparison to Microsoft; Amazon and Face++ showed higher confidence scores and are more resilient to a change in image condition. The image condition ‘black and white’ and ‘cropped’ had a negative effect across all three APIs. The relationship between age progression images and the younger original image was explored. The results suggest manual age progression images are no more useful than the original image for facial identification of missing children, and Amazon and Face++ performed better with the original image.     

德法和解历史对中日建立战略互惠关系的借鉴与思考

中国和日本是东亚地区两个重要国家,处理好中日关系符合两国人民的共同利益,对于东亚地区的和平与繁荣具有十分重要的意义。在中日建立战略互惠关系初显曙光的时候,通过比较研究汲取德法和解的经验,将使我们获得有益的启迪。人们期待中日关系能借鉴法德在欧洲和解的智慧、创造出东亚地区中日和平与合作的奇迹。在战后以来六十多年的时间里,中日和平友好与法德和解在亚欧不同地缘政治环境中也出现了明显的发展差异。法德关系经历并超越了相互憎恨的历史,走向了真正和解。法德和解奠定了欧洲合作的基石,两者伙伴关系的进一步深化则开创了从欧共体到欧盟的欧洲合作新局面。与德法和解带动欧洲国家整合的硕果相比,中日和平友好表现出了明显的滞后性和局限性。中日关系超越"战争历史"问题、国家地位身份认同问题、共同战略利益基础和政治互信问题等方面也都落后于法德和解的发展,法德和解取得了创建欧盟的硕果,中日则刚刚取得建立战略互惠关系的共识。中日矛盾的深层症结就在于没有战略合作的共识和目标,从而导致双方缺乏政治互信和在战略上相互猜疑。法德和解的经验告诉我们,推动中日战略互惠关系的发展必须构建中日战略合作的共识,在中日关系中制定并推行"和平、合作与共赢"的外交政策新理念。中日走出历史问题争论和民间对立情绪困境的出路在于中日政治家们是否有智慧搭建两国战略合作和战略互惠的目标与框架。中日需要开展面向未来的共同事业,推动地区共同体形成的过程中实现并深化两国关系的和解与合作。     

基于计算机自动识别的笔迹特征动力学分析

要实现计算机笔迹识别,必须深入分析笔迹特征和仔细甄别书写过程中的时间和空间的运动关系。汉字识别技术与笔迹鉴定相比,二者对检材、样本的条件要求不同,鉴定的目的不同,提取的特征不完全相同,得出的识别或鉴定的结果的意义不同。只有依照笔迹鉴定的要求,在特征提取、识别算法、测量技术等方面有突破性进展的基础上,才能实现身份认证意义上的计算机笔迹自动识别系统。     

Hung Parliaments and the Need for Clearer Rules of Government Formation

The general elections of 2017 and 2010 produced hung parliaments in which no single party could command an overall majority; in May 2015 the UK only narrowly avoided that outcome. When a parliament is hung, more than one potential government can be viable, and the constitutional rules that determine who has the first right to form the government can thus have a decisive influence on which government forms. In the past, the UK has applied several potentially contradictory rules (based on conventions and principles), which do not all follow an equally democratic logic. This status quo is problematic because it can generate political controversy and uncertainty, in addition to jeopardising the Monarch's role in the government formation process. A reform that enables parliament to elect the leader who will be tasked with the formation of the next government would resolve these problems and provide constitutional clarity.     

Two principles of equal language recognition

Within the umbrella of equal recognition, several principles of linguistic justice can be distinguished. A first, the per-capita principle, mandates prorating language recognition based on a per-capita distribution. A second, the equal-services principle, prescribes upholding the official languages as the languages in which the state speaks and in which public services are provided, irrespective of changing numbers of speakers. Alan Patten defends the prorated per-capita principle. I argue for the equal-services principle, which practically will often amount to a form of linguistic maximin: the more vulnerable the language, the more numerous the resources.     

Playing in the sandbox: state building in the space of non-recognition

For unrecognised states in the international system recognition of sovereign statehood is the ultimate goal. Not being ‘a state’ means being excluded from global networks. However, even in the most basic definitions and criteria for unrecognised states there is a period of relative autonomy accorded due to non-recognition. This is a period when political actors can use isolation to establish the state’s narrative, identity and structure. It is this period that provides the foundations for external interaction. It is in this period that the state is born. This article examines another side to the politics of recognition: the politics of non-recognition. Drawing on the contemporary examples of Somaliland and Kurdistan, the article assesses the benefits as well as the costs of non-recognition.