论刑法中的变造:以文书为视角

变造是指对既存文书证明事项的本质部分加以改变的行为.变造包括有形变造和无形变造.伪造与变造的区别在于所制作出来的东西与以前文书是否具备同一性.我国刑法中的变造应解读为在于是否对文书的本质部分作了改变.     

On the discriminability of the handwriting of twins

As handwriting is influenced by physiology, training, and other behavioral factors, a study of the handwriting of twins can shed light on the individuality of handwriting. This paper describes the methodology and results of such a study where handwriting samples of twins were compared by an automatic handwriting verification system. The results complement that of a previous study where a diverse population was used. The present study involves samples of 206 pairs of twins, where each sample consisted of a page of handwriting. The verification task was to determine whether two half-page documents (where the original samples were divided into upper and lower halves) were written by the same individual. For twins there were 1236 verification cases -- including 824 tests where the textual content of writing was different, and 412 tests where it was the same. An additional set of 1648 test cases were obtained from handwriting samples of nontwins (general population). To make the handwriting comparison, the system computed macro features (overall pictorial attributes), micro features (characteristics of individual letters), and style features (characteristics of whole-word shapes and letter pairs). Four testing scenarios were evaluated: twins and nontwins writing the same text and writing different texts. Results of the verification tests show that the handwriting of twins is less discriminable than that of nontwins: an overall error rate of 12.91% for twins and 3.7% for nontwins. Error rates with identical twins were higher than with fraternal twins. Error rates in all cases can be arbitrarily reduced by rejecting (not making a decision on) borderline cases. A level of confidence in the results obtained is given by the fact that system error rates are comparable to that of humans (lower than that of lay persons and higher than that of questioned document examiners [QDEs]).     

The discrimination potential of ultraviolet-visible spectrophotometry, thin layer chromatography, and Fourier transform infrared spectroscopy for the forensic analysis of black and blue ballpoint inks

The knowledge of the discriminating power of analytical techniques used for the differentiation of writing inks can be useful when interpreting results. Ultraviolet-visible (UV-VIS) spectrophotometry, thin layer chromatography (TLC), and diffuse reflectance Fourier transform infrared spectroscopy (FT-IR) were used to examine a population of 21 black and 12 blue ballpoint writing inks. Based on corroborative results of these methods, the discrimination power for UV-VIS, TLC, and FT-IR was determined to be 100% and 98% for the black and blue inks, respectively. Generally, TLC and UV-VIS can be used to differentiate the colorant components (i.e., dyes and some pigments) found in inks. As FT-IR can be utilized to identify some of the noncolorant components, it was determined to be an excellent complementary technique that can be implemented into an analytical scheme for ink analysis.     

公安文献信息资源保障体系中资源建设的思考

文献信息资源建设是建立公安文献信息资源保障体系的基础 ,为此必须树立起载体多样化、馆藏虚拟化、资源共享化这样一些新观念 ,在加强实体资源建设的同时 ,应加大数字资源建设的力度 ,将重点放在公安文献的数字化建设上。文中分析了目前数字化建设中存在的困难与不足 ,提出了公安文献数字化建设的一些思考性意见。     

Measuring the frequency occurrence of handwritten numeral characteristics—An expanded list

In the third of a series of studies and reports, the authors expand on the frequency occurrence proportions of various handwritten features. The first study culminated in the publication of “Measuring the Frequency Occurrence of Handwriting and Handprinting Characteristics.” That study was followed by “Measuring the Frequency Occurrence of Handwritten Numeral Characteristics.” The premise of this current and future follow‐up studies is to expand on the initial lists of information incrementally by expanding the number of features and the number of writers. This study expands on the list of numeral features. A total of 34 numeral features was selected by the authors as candidates for this study and tested through an attribute agreement analysis. Based on the results of the testing, 17 new features have been added to the list of proportions. The original 1410 handwritten numeral specimen forms were utilized and pared to 1024 to obtain a proper population sampling for the United States. Interdependency testing was conducted on 783 pairs of inter‐character numerals. A coefficient of correlation between ?0.2 and +0.2 was found in 534 (68.20%) of these pairs. As of this report, there are now a total of 42 numerals with measured frequencies of occurrence. This material has already borne fruit as the combined frequency of occurrence studies were explained during an unsuccessful exclusion hearing in court with an explanation as to how these studies support the reliability of forensic document examination.     

公共政策与最高人民法院的角色——以关于汶川、玉树和舟曲的通知为分析对象

最高人民法院在一系列的司法文件中形成了关于社会环境因素、管理因素和价值因素的公共政策。最高人民法院回应公共政策有非常状态的应对、社会改革的诉求、政法传统的延续等现实和历史的原因。从公共政策视角来看,最高人民法院在与公共政策相互关系、价值追求、司法哲学等角色定位方面都呈现出一些新趋向。     

Dynamic Characteristics of Signatures: Effects of Writer Style on Genuine and Simulated Signatures

The aims of this study were to determine if computer‐measured dynamic features (duration, size, velocity, jerk, and pen pressure) differ between genuine and simulated signatures. Sixty subjects (3 equal groups of 3 signature styles) each provided 10 naturally written (genuine) signatures. Each of these subjects then provided 15 simulations of each of three model signatures. The genuine (N = 600) and simulated (N = 2700) signatures were collected using a digitizing tablet. MovAlyzeR^® software was used to estimate kinematic parameters for each pen stroke. Stroke duration, velocity, and pen pressure were found to discriminate between genuine and simulated signatures regardless of the simulator's own style of signature or the style of signature being simulated. However, there was a significant interaction between style and condition for size and jerk (a measure of smoothness). The results of this study, based on quantitative analysis and dynamic handwriting features, indicate that the style of the simulator's own signature and the style of signature being simulated can impact the characteristics of handwriting movements for simulations. Writer style characteristics might therefore need to be taken into consideration as potentially significant when evaluating signature features with a view to forming opinions regarding authenticity.     

Ink Dating Using Thermal Desorption and Gas Chromatography/Mass Spectrometry: Comparison of Results Obtained in Two Laboratories

An ink dating method based on solvent analysis was recently developed using thermal desorption followed by gas chromatography/mass spectrometry (GC/MS) and is currently implemented in several forensic laboratories. The main aims of this work were to implement this method in a new laboratory to evaluate whether results were comparable at three levels: (i) validation criteria, (ii) aging curves, and (iii) results interpretation. While the results were indeed comparable in terms of validation, the method proved to be very sensitive to maintenances. Moreover, the aging curves were influenced by ink composition, as well as storage conditions (particularly when the samples were not stored in “normal” room conditions). Finally, as current interpretation models showed limitations, an alternative model based on slope calculation was proposed. However, in the future, a probabilistic approach may represent a better solution to deal with ink sample inhomogeneity.     

敦煌写本《神龙散颁刑部格残卷》研究——唐格的源流与递变新论

唐格的散佚,使上世纪初在敦煌发现的五件唐格显得弥足珍贵,其中惟一的刑事法律文献《神龙散颁刑部格残卷》尤其值得关注。该文献不仅使我们得窥唐格之原貌,而且佐证了“格”在唐律中的位阶、性质和效力。通过对她的研究,既可明了中国古代法律形式之变异,开掘法律史探析的深度,又可从法学的角度追溯唐格之来源,以阐明其流变,对中华法系史之研究具有积极意义。     

《法律科学》1999-2003年载文、作者及引文计量分析与研究

《法律科学》选题丰富 ,内容专深 ,社会反响较大 ;作者队伍相对稳定 ,诸多知名学者特别是中青年学术新秀是其作者队伍的中坚 ;编辑出版符合《中国高等学校社会科学学报编排规范》 ;已经形成了自己的办刊特色。《法律科学》是我国法学研究领域中高层次的学术性专业刊物之一 ,在国内同类专业刊物中具有较大的社会影响力。