票据质押的要件新论

担保法与票据法关于票据质押的规定不协调,因而使得票据质押的要件构成不明确,而解决这个问题必 须从一全新的视角即票据质押的定性出发。票据质押在理论上存在定性为票据行为的可能性,在价值上亦存在定性为 票据行为的必要性,在此基础上认为票据行为的要件就是票据质押的要件。     

The Effects of Scale Carving on Instruments Assessing Violence

Little research has examined the properties of survey instruments when the full instrument is not administered (scale carving). The purpose of the present study was to test scale carving effects on survey instruments. Participants completed carved and whole versions of two instruments measuring violent behaviors and attitudes at two sessions. Findings indicated that administering select subscales rather than the entire instrument affects psychometric properties of certain instruments. For instance, mean scores of certain instruments differed depending upon whether the instruments were administered in their entirety or in carved versions. Reliability coefficients did not differ between carved and whole versions, and correlation coefficients were moderate. Therefore, psychometric properties of carved instruments should be assessed prior to their use in research.     

中日票据拒付处分制度的比较研究

票据是典型的有价证券。票据之所以能够快速进行流通、实现安全转让,主要是有赖于该票据背后的信用支撑,因此票据信用研究至关重要。日本的拒付处分制度,对于维持票据的信用发挥着极其重要的作用。目前我国正在努力建立社会的诚信体系,可是我国票据尚无类似日本的那种制度,所以介绍、分析比较和中日之间的区别,借鉴日本的先进做法,对于建立我国票据信用制度是有益的。     

论票据质押背书的效力——《票据法》与《物权法》之间立法冲突的协调

在我国《票据法》和《物权法》中,质押背书对票据出质具有不同的作用,于前者为生效要件,于后者则没有要求。尽管如此,两个法律文件关于票据出质的规则并不存在根本冲突。当事人既可按照《票据法》经质押背书设立票据法上的票据质权,也可以按照普通债权质押设立物权法上的票据质权。只不过,根据不同法律规则设立的票据质权在内容上存在差异,且未经背书的票据质押因为不符合背书这一技术要求而不具备《票据法》上的特别效力。     

票据金额变造法律处置规则之探讨——兼论我国《票据法》相关条款的修改

票据金额变造的发生,不仅破坏了票据的交易安全,而且严重影响了票据在现代经济生活中的信用功能,导致票据效力的实质与形式发生异化,并由此产生票据当事人之间权利义务关系的复杂化.对票据金额变造问题的合理处置关系到票据社会功能的充分发挥.由于现行法律规则与司法解释存在一些实践中的盲点,如何从规则及操作层面上进行必要的矫正与重构,使各项规则相互衔接,并具有可预见性.     

146例体表损伤类型与致伤物分析

目的 探讨致伤物推断的法医学鉴定及其鉴定意见的证据价值.方法 收集1998-2007年间皖南医学院司法鉴定中心受理的致伤物推断案件146例,通过人体体表损伤特征的分析,推断致伤物.并通过推断致伤物与实际致伤物的比较,分析致伤物推断的准确性. 结果根据锐器伤推断致伤物的准确性要比根据钝器伤推断致伤物的准确性高.结论 致伤物推断结果尚存在一定的不确定性,必须结合其他证据,才能作为定案的依据.     

Determinants of the university technology transfer policy-mix: a cross-national analysis of gap-funding instruments

University–industry technology transfer (TT) has become increasingly institutionalized and is supported by numerous reforms and initiatives at the national, regional and university levels. Most countries have implemented a policy mix involving a range of instruments to support the commercialization of research. Still, there is no systematic evidence indicating why the mix of policy instruments differs between countries. This study offers a novel cross-national investigation of the policy mix emphasizing the level of centralization and decentralization of policy instruments. We map and analyze two specific types of public instruments aimed at addressing the so-called funding gap in TT: proof of concept programs (POCs) and university-oriented seed funds (USFs). Based on a survey across 21 European countries, we find that such instruments are widely used but are organized differently depending on the level of implementation of TT practices in the country and the specific type of instrument considered. More precisely, we find a U-shaped relationship between the use of centralized gap-funding instruments and the country’s implementation of TT practices. Moreover, the type of gap-funding instrument (POC or USF) moderates this relationship. We discuss the implications of our findings and suggest that the policy mix of gap-funding instruments evolve with the maturity of the national TT infrastructure.     

A coffee can, factor analysis, and prediction of antisocial behavior: the structure of criminal risk

The predictive accuracy of the Psychopathy Checklist-Revised, Level of Service Inventory-Revised, Violence Risk Appraisal Guide, and the General Statistical Information on Recidivism were compared to four instruments randomly generated from the total pool of original items. None of the four original instruments better predicted post-release failure than the four randomly generated instruments. These results suggest two conclusions: (a) the instruments are only measuring criminal risk, and (b) no single instrument has captured sufficient risk assessment theory to result in better prediction than randomly derived instruments measuring criminal risk. A two-stage factor analysis was completed on 1614 cases. This analysis of the risk items indicated a 4-factor solution and all 4 factors were equal to the original instruments in predicting post-release failure. Thus, the original instruments did not improve prediction over randomly structured scales, nor did the restructuring of items improve risk assessment, suggesting substantial deficiencies in the conceptualization of risk assessment and instrumentation. We argue that developing a risk-based construct, which involves hypothesis testing and an explanation of behavior, is the optimal method to advance risk assessment within the criminal justice and mental health systems. Such an approach would provide targeted areas for clinical intervention that are salient to risk.     

The macro- and micromorphological signs of the edge of stabbing-cutting weapons in skin wounds

110 stab-cut skin wounds in 34 dead bodies as well as 38 stab-cut instruments were studied. Three morphologic types of traces left by blade edges of stab-cut instruments, i.e. puncture, microrupture and microcut, were established. Gross and micromorphology of each of these traces depends on the properties of blade edges of stab-cut instruments.     

An in vitro study of the accuracy and precision of Breathalyzer models 900, 900A, and 1000

Ninety Breathalyzer instruments (Model 1000) and twenty instruments (Models 900, 900A) were studied using a protocol described by the Department of Transportation's "Standard for Devices to Measure Breath Alcohol." Although the mean of each of three concentrations tested (0.05, 0.10, and 0.15 g/210 L) compared favorably in both series, the standard deviation was consistently higher for the Model 1000 instruments. The Model 1000 instruments also produced a significant number of test results which exceeded the normally expected scientific deviation.     

论票据权利构造

本文提出票据权利的构造理论，即在传统付款请求权和追索权二元构造的基础上，以票据法理论和票据立法为依据，论证以实质票据权利和形式票据权利为内容的另一种构造。     

提单与票据之比较研究

有关提单的法律规定尚不完整 ,因提单和票据实质上有许多相似之处 ,人们可以利用票据法的一些规定来解决提单的一些问题。本文比较研究了提单和票据的法律性质以及二者在转让中的前后手权利优劣等事项。     

Strengths and limitations of actuarial prediction of criminal reoffence in a German prison sample: a comparative study of LSI-R, HCR-20 and PCL-R

Unlike many other countries, for many years, Germany disregarded structured instruments for assessing the risk of criminal reoffence. However, this negative attitude now seems to be gradually changing. An increasing number of contributions regarding structured instruments have been published in the German literature in the last years, and some instruments have already found their way into practice. However, studies that systematically examine the applicability of the mostly Anglo-American instruments to German criminals are still lacking. Therefore, the major objective of the current study was to test some internationally established procedures in a larger unselected sample from the German penal system. The following were included in the study: the Level of Service Inventory - Revised (LSI-R), the HCR-20 Scheme, and the Psychopathy Checklist - Revised (PCL-R). On the whole, the instruments proved to be applicable to German criminals with only a few adaptations to the German situation, and they achieved a predictive accuracy comparable to the values reported internationally. However, there were only minor differences in the predictive performance between the measures. Moreover, some basic limitations became apparent. Firstly, we found quite high percentages of criminals with medium scores and a correspondingly ambiguous prognosis. Furthermore, the predictive accuracy seemed to be dependent on demographic, criminological and psychopathological characteristics of the offenders. Finally, the instruments appeared to only partially utilize the empirical store of knowledge available regarding factors influencing the recidivism of criminals, since even a simple predictive model that only added a few further aspects besides the tested instruments (e. g. treatment yes or no) achieved systematically better predictions than the instruments alone. Altogether, the tested measures turned out to be useful instruments for risk assessments and may be conducive for a more systemized practice. However, due to the limitations inherent, they should be seen as a complement to a careful and clinically informed appraisal and not a substitute.     

日本空白票据理论与规则研究

日本法上的空白票据规则,对我国相关规则的完善具有借鉴意义。日本《票据法》第10条和《支票法》第13条是立法上明确承认的空白票据的基本依据。日本判例采用主观标准,强调行为人和收款人合意是构成空白票据的重要要件,也允许签发出票人空白的票据;空白票据也符合有价证券的基本构成,属于未完成票据;空白票据补充权从交付票据时起成立,应严格在授权范围内行使;空白票据也可以依普通完全票据一样的流通方式转让。     

Risk Assessment for Juvenile Justice: A Meta-Analysis

Risk assessment instruments are increasingly employed by juvenile justice settings to estimate the likelihood of recidivism among delinquent juveniles. In concert with their increased use, validation studies documenting their predictive validity have increased in number. The purpose of this study was to assess the average predictive validity of juvenile justice risk assessment instruments and to identify risk assessment characteristics that are associated with higher predictive validity. A search of the published and grey literature yielded 28 studies that estimated the predictive validity of 28 risk assessment instruments. Findings of the meta-analysis were consistent with effect sizes obtained in larger meta-analyses of criminal justice risk assessment instruments and showed that brief risk assessment instruments had smaller effect sizes than other types of instruments. However, this finding is tentative owing to limitations of the literature.     

Motivating Environmental Action in a Pluralistic Regulatory Environment: An Experimental Study of Framing,Crowding Out,and Institutional Effects in the Context of Recycling Policies

In designing a recycling policy, the regulator must choose among multiple instruments. Our study seeks to address the linkages between the choice of regulatory instruments and institutional frameworks, people's intrinsic motivation, and various attitudinal measures. We examined the behavioral repercussions of several instruments that are used widely in recycling regulation, using an experimental survey on a representative sample of the Israeli population (N = 1,800 participants). Our findings suggest that the design of recycling policies should be sensitive to the framing effects of varied regulatory instruments and to the interplay between intrinsic and extrinsic motivation on the desirability and efficacy of the law. In particular, we point out the potential regulatory advantage of using deposit schemes over other instruments and of using private organizations as regulatory agents. Drawing on these findings, we discuss the potential value of using differentiated regulatory policies to provide incentives for recycling in societies characterized by broad heterogeneity in levels of intrinsic motivation.     

票据犯罪若干问题研究

票据犯罪主体因罪而异 ,有的票据犯罪一般个人主体、一般单位主体不能实施 ,只有特殊个人主体、特殊单位主体才能实施。有的票据犯罪主体必须具有票据当事人身份 ,非票据当事人不能成为该项犯罪主体。票据犯罪罪过形式是故意和过失 ,模糊罪过和混合罪过的观点并不适用刑法所要求的票据犯罪。银行结算凭证虽然不是票据 ,但是应该归属票据犯罪对象范畴。我国刑法应当承认票据无形伪造。     

The Institutional Interplay Regarding the New Architecture for the EC's External Assistance

Abstract:  The article concerns the inter-institutional relations and describes the dynamics between the main EC institutions in the decision-making process regarding the adoption of the new external action instruments. In 2004, the Commission had proposed a set of new external action instruments as base for the delivery of the Community's external assistance. By that time, the existing instruments amounted to more than 30 different legal instruments, which implicated a loss of efficiency in the management of the EC's external assistance. After 2 years of inter-institutional negotiations between the European Parliament, Council and the Commission, the new set of instruments was finally adopted. Compared to the initial Commission proposals, the design of the new instruments got significantly reshaped in the course of the inter-institutional decision-making procedure. In particular, the European Parliament had gained an unprecedented degree of power over the legislative framework for external spending.
Compared to the former range of geographic and thematic regulations, the new external action instruments fundamentally reform the delivery of external financial assistance with their streamlined and simplified structure. They consist of three horizontal instruments to respond to particular needs or crisis situation: an Instrument for Stability, an Instrument for Nuclear Safety Co-operation) and a European Instrument for Democracy and Human Rights. With regard to geographic coverage, four instruments will implement particular policies: the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument and the Instrument for Development Co-operation and an Instrument for Co-operation with Industrialised Countries.     

CJDATS CO-OCCURRING DISORDERS SCREENING INSTRUMENT (CODSI) FOR MENTAL DISORDERS (MD): A Validation Study

Three standardized screening instruments-the Global Appraisal of Individual Needs Short Screener (GSS), the Mini-International Neuropsychiatric Interview-Modified (MINI-M), and the Mental Health Screening Form (MHSF)-were compared to two shorter instruments, the 6-item Co-Occurring Disorders Screening Instrument for Mental Disorders (CODSI-MD) and the 3-item CODSI for Severe Mental Disorders (CODSI-SMD) for use with offenders in prison substance-abuse treatment programs. Results showed that the CODSI screening instruments were comparable to the longer instruments in overall accuracy and that all of the instruments performed reasonably well. The CODSI instruments showed sufficient value to justify their use in prison substance-abuse treatment programs and to warrant validation testing in other criminal justice populations and settings.     

Some samples of weapons and instruments used as weapon in criminal offenses in Turkey

The variety of instruments used for crime of violence is wide. Besides the manufactured legal weapons, there are comparable numbers of purchased instruments, which are used as lethal weapons and significant numbers of comprising home-made ones.The instruments used during the commission of a crime shows similarity throughout the countries. Nevertheless, there are small differences to be seen.The topic of this subject features the types of weapons used in criminal offenses in Turkey.