对法院鉴定技术员保留论之反思

在司法鉴定制度改革的讨论中,学界有部分观点对法院保留鉴定技术人员予以支持,但这种观点有很大局限性。既要取消法院鉴定机构,又要对鉴定人员做好疏导工作,“堵”、“疏”结合在改革的过程中同等重要。     

教师应成为自身专业发展的主人

教师在其自身专业发展中应当成为动力、成为领导、成为智者、成为自己。教师专业发展工作的总的方针应当是帮助教师成为自身专业发展的主人。唯有如此,教师自身专业发展才能成为自觉的发展、自主的发展、自醒的发展、自由的发展。归根到底,教师自身专业发展应当成为一种解放的发展。     

论禁止自带酒水的店堂告示的法律效力

餐饮企业禁止消费者自带酒水的店堂告示侵害了消费者的自由选择权与公平交易权,属无效的不公平格式合同,而非企业的正当经营自由。禁带酒水的行规为非会员的消费者设定义务,违反了行规的自律本质,应属无效。     

Age Differences in Lineup Identification Accuracy: People Are Better with Their Own Age

Previous research has reported that young adults are better at eyewitness face recognition than are older adults. However, these studies have used young adults as culprits and fillers. We explore how the relative ages of the witness and the culprit influence eyewitness accuracy in 2 experiments. In the first experiment, young (18–25 years old) and older (35–55 years old) adults each saw 4 crime videos. In 2 the culprit was a young adult and in 2 the culprit was an older adult. Participants were more accurate at identifying the culprit when viewing culprit present lineups comprising people of their own age: an own age bias analogous to the own race bias. In the 2nd experiment, using a similar procedure, young (18–33 years old) and older (40–55 years old) adults viewed both culprit present and culprit absent lineups. The results of the first experiment were replicated for the culprit present lineups. However, no own age bias was found for the culprit absent lineups. Implications for police procedures dealing with cross-generation identifications are discussed.     

提取他人存放在借用本人银行卡内钱款行为的性质认定

当前司法实践中,财产性犯罪依然是重要的犯罪形态。这其中,如何区分盗窃罪与侵占罪的界限,是一个经常性争议的问题。本文通过一个典型性的案例分析,揭示其中的区别界限,希冀能够起到举一反三、触类旁通的作用。被告人崔勇、仇国宾等人将自己的银行卡借与他人使用,他人在使用过程中因使用不当而被银行ATM机吞没。尽管他人及时告知被告人银行卡内存有巨额现金不得动用,但被告人还是私自前往银行利用真实的身份证明到银行进行挂失,然后变换新卡,随之提取了他人存放于卡内的巨额现金。被告人具有非法占有的主观罪过不存异议,但客观行为应当构成何罪不无争议。本文认为由于银行卡已实际处于被告人的占有和控制之下,所以根据其行为的具体表现,应属于侵占行为而不属于盗窃,故以侵占罪认定较为妥当。     

Bound to One's Own Words? Early Defenses and Their Binding Effects in Different Criminal Cases

This article explores the binding forces that emerge in criminal cases. Using ethnographic data, we explore how defendants are bound to their initial defenses. In addition, we ask whether the binding effect works similarly or differently in three distinct procedures. Our research is rooted in the analytical concepts of "procedural history" and "discourse formation" as presented by Niklas Luhmann and Michel Foucault. Both theories describe past statements as "virulent" in present stages: participants have to take their own histories into account when engaging in current dealings; current statements must confront past statements, generating inconsistency and contradiction. Empirically, the three authors explore variations of binding in the light of eight microhistorical case narratives collected during fieldwork in the United States, the United Kingdom, and Germany. These microhistories trace the binding effects of early defenses through pretrial and trial. Our observations lead us to conclude that the binding mechanism appears less determinative in practice than in the claims of theory. Alongside the several effects of binding, we identify a variety of protections, interruptions, and even unbinding effects.     

Spousal Violence and Alcohol/Drug Problems Among Parolees and Their Spouses

The relationships of alcohol and drug problems to spousal violence for a sample of male parolees (n = 82) and their spouses were investigated. Alcohol problems were present in 76% of the parolees and 56% of the spouses. Seventy three percent of the parolees and 40% of the spouses reported using some type of illegal drug on a regular basis. Both parolees and their spouses gave reports on his and her spousal violence. During the three months preceding the interviews, 78% of the parolees and 72% of the spouses perpetrated moderate violence; 33% of the parolees and 39% of the spouses perpetrated severe violence. Regression analyses revealed that his alcohol problems increased the level of his violence when there were no drug problems, and that either of their alcohol problems increased the level of his violence. Given the high rates of spousal violence and the interrelationships with alcohol/drug problems, intervention efforts aimed at addressing family violence are needed.     

In a World of Their Own: Security‐cleared Counsel,Best Practice,and Procedural Tradition

This article charts how security‐cleared counsel have been constructed as a mechanism for managing the tension between security and fairness in secret trials and transferred across national boundaries as an example of ‘best practice', before going on to evaluate recent cross‐cultural and transnational research on this ‘best practice'. Particular attention is paid to the central role played by the European Court of Human Rights (ECtHR) in promoting the role of ‘special advocates’ and a contrast is made between the methodologies deployed by the Court and those used in recent research to identify and problematize ‘best practice’ within the closed world of security‐cleared counsel. The article then goes on to explore the relationship between ‘best practice’ and procedural tradition and argues that normative solutions advancing ‘best practice’ need to pay careful attention to the procedural contexts and cultures in which they are embedded.     

A Woman in Her Own Time

Abstract

Frances Heidensohn is a pioneer in feminist criminology. In 1968 her first published paper raised questions which were to provide the agenda for a generation of feminist scholars. Since then Hei-densohn has continued to develop the discipline by her research and teaching -and by fostering the talents of others. She now enjoys an international reputation. This paper sets the life and work of this British criminologist within their social and academic contexts.     

Beliefs About Wife Beating Among Arab Men from Israel: The Influence of Their Patriarchal Ideology

Despite the recent increase in public and professional interest in the problem of wife beating in Arab society, in Israel, and in the rest of the Arab world, there is a serious lack of empirical research on different dimensions of the problem in those societies. This paper presents the results of a survey conducted among a systematic random sample of 362 Arab husbands from Israel, in an attempt to examine the contribution of patriarchal ideology toward explaining their beliefs about wife beating. Although about 58% of the participants indicated that there is no excuse for a man to beat his wife, 15–62% still justified wife beating on certain occasions (e.g., adultery, failure to obey husbands, disrespect for parents and relatives). In addition, although the participants tended to perceive abusive and violent husbands as responsible for their behavior, 52% still expressed understanding of that behavior and, on some occasions, 23–43% even blamed the wife for violence against her. Regression and multiple regression analyses revealed that over and above the participants' age and level of education, their masculine sex-role stereotypes, negative and traditional attitudes toward women, nonegalitarian marital role expectations, and familial patriarchal beliefs were the most significant predictors of beliefs about wife beating. Implications of the results and limitations of the study are also discussed.     

从熟人到陌生人:农村小学教师的角色转变

近年来国家实施的支持农村教师队伍建设的政策改善了农村教师队伍的状况.但农村教师对农村文化的认同度较低以及服务农村教育信念不够坚定的问题仍存在.研究表明,在熟人社会向陌生人社会转型过程中,农村小学教师与农村社会文化之间的关系发生了深刻变革,农村小学教师角色从熟人成为农村社区的陌生人.通过对比可以发现:农村教师在工作之外的交往领域中扮演社区的熟人角色,有助于沟通教师和社区民众的关系,有助于加强教师与乡土文化之间的联系,有利于开展教育工作.从熟人向陌生人的角色转变,影响到农村小学教师的社会地位及其对学生的教育实质和教育效果.     

试论当事人自行委托鉴定

本文通过对一个诉讼案例的简单介绍。就当事人自行委托鉴定形成的鉴定结论。所涉及的当事人是否有权自行委托鉴定、自行委托鉴定形成的鉴定结论的证据能力、证明力大小及鉴定人回避等有关问题。提出分析意见。     

农民应有完整的土地财产权利

本文从土地问题入手,剖析了近年来造成农民利益受损害的原因,指出赋予农民完整的土地财产权利,有利于农村的稳定与发展。建议在《物权法》制订及《土地管理法》的修改中,明确土地补偿费支付给农民的比例,放开土地一级市场。