论合议庭制度

文章首先认为追求裁判事实的客观化和体现法律的精神 ,以及审判权的相互制约 ,是设置合议庭的内在机理和功能所在 ;其次 ,文章就禁止弃权、展示心证过程、发言顺序限定、过半数判决等合议原则进行了论述 ;最后 ,分析了我国审判实践中合议庭的运作现状及其弊端 ,并就如何改进和完善提出了建议。     

Leaving Careers in IT: Gender Differences in Retention

The low prevalence of women in the information technology (IT) workforce has received considerable attention in recent years. The focus of much of this discussion concerns how women can be recruited into careers in IT by making careers more attractive and accessible to women. The size of the IT workforce depends on retention as well as recruitment. The focus of this study is on retention, examining factors related to retention and how retention varies by gender. Data for the study come from the Scientists and Engineers Statistical Data System (SESTAT) compiled by Science Resources Statistics (SRS), National Science Foundation (NSF). We find that retention varies by gender and that a sizeable proportion of IT-trained women who are not working in IT jobs leave the labor force rather than take positions in other occupations. We also find that marriage and family play different roles for women and men in affecting retention.JEL Classification: J1, J4, J6, J7, O39     

Campaigning for the Bench: The Corrosive Effects of Campaign Speech?

A new era has emerged in the ways in which candidates for state judicial office campaign. In the past, judicial elections were largely devoid of policy content, with candidates typically touting their judicial experience and other preparation for serving as a judge. Today, in many if not most states, such campaigns are relics of the past. Modern judicial campaigns have adopted many of the practices of candidates for other types of political office, including soliciting campaign contributions, using attack ads, and even making promises about how they will decide issues if elected to the bench. Not surprisingly, this new style of judicial campaigning has caused considerable consternation among observers of the courts, with many fearing that such activity will undermine the very legitimacy of legal institutions. Such fears, however, are grounded in practically no rigorous empirical evidence on the effects of campaign activity on public evaluations of judicial institutions. The purpose of this article is to investigate the effects of campaign activity on the perceived legitimacy of courts. Using survey data drawn from Kentucky, I use both post hoc and experimental methods to assess whether public perceptions of courts are influenced by various sorts of campaign activity. In general, my findings are that different types of campaign activity have quite different consequences. For instance, policy pronouncements by candidates do not undermine judicial legitimacy, whereas policy promises do. Throughout the analysis, I compare perceptions of courts and legislatures, and often find that courts are far less unique than many ordinarily assume. I conclude this article with a discussion of the implications of the findings for the contemporary debate over the use of elections to select judges to the high courts of many of the American states.     

奥林匹克体育仲裁制度及我国之借鉴

体育仲裁是解决体育纠纷的重要方式,国际体育仲裁委员会(ICAS)及体育仲裁院(CAS)是国际上著名的体育仲裁机构。体育仲裁对我国体育事业和仲裁法律制度来讲,是一项重要的制度创新。通过借鉴奥林匹克体育仲裁制度的成功实践,本文对体育仲裁的理论和实际操作进行全面的考察,进而就我国建立体育仲裁制度提出一己之见,希望对2008年北京奥运会有所参考。     

走出法官独立的困境

本文从比较法角度,对我国实现法官独立应必须具备的三个基本要素进行了阐述。通过考察国外的通常做法,对比我国的不足和缺陷,提出了一些修正和改进意见,意图借助司法体制改革的东风,实现法官的真正独立。     

Leaving timing-channel fingerprints in hidden service log files

Hidden services are anonymously hosted services that can be accessed over an anonymity network, such as Tor. While most hidden services are legitimate, some host illegal content. There has been a fair amount of research on locating hidden services, but an open problem is to develop a general method to prove that a physical machine, once confiscated, was in fact the machine that had been hosting the illegal content. In this paper we assume that the hidden service logs requests with some timestamp, and give experimental results for leaving an identifiable fingerprint in this log file as a timing channel that can be recovered from the timestamps. In 60 min, we are able to leave a 36-bit fingerprint that can be reliably recovered. The main challenges are the packet delays caused by the anonymity network that requests are sent over and the existing traffic in the log from the actual clients accessing the service. We give data to characterize these noise sources and then describe an implementation of timing-channel fingerprinting for an Apache web server based hidden service on the Tor network, where the fingerprint is an additive channel that is superencoded with a Reed–Solomon code for reliable recovery. Finally, we discuss the inherent tradeoffs and possible approaches to making the fingerprint more stealthy.     

最高人民法院大法官的流动分析

大法官流出最高人民法院的背后,反映出来的仍然是法院体制的官僚化、法官的公务员化。从知识的角度来看,这破坏了上诉审与初审司法知识的分工,以及司法与其他部门知识的分工,不利于司法知识传统的形成;同时也强化了上级法院对下级法院的控制,以及法院与其他部门的同质化。     

Gender Inequality and Patterns of Abuse Post Leaving

Drawing on Connell’s (Gender and power: Society, the person and sexual politics. California: Stanford University Press, 1987; Masculinities. Berkeley, CA: University of California Press, 1995) model of gender relations, this paper examines patterns of intimate partner violence among women who have recently left an abusive partner. In so doing, we attempt to better understand the social structural factors that shape the relations of power and control in intimate violent heterosexual unions. The data come from the first wave of a longitudinal prospective survey of 309 women who had left an abusive partner in the previous 3 years. Our data suggest that structured relations of inequality, namely relations of production, power and cathexis, shape women’s risk of abuse and harassment after leaving, and do so in ways that shape relations of coercive control. These results have implications for understanding the social context within which male violence against women occurs, and how this context constrains and/or enables women’s strategies for leaving and safety. This research was funded by the Canadian Institutes of Health Research (CIHR) New Emerging Team Grant #106054 and Institute of Gender and Health Operating Grant #15156 (Marilyn Ford-Gilboe, Principal Investigator). The authors thank the participants in the Women’s Health Effects Study. We also thank Julie McMullin, Kim Shuey, and the Health Effects research team for their helpful feedback.     

双重可诉规则：进退之际

双重可诉规则的演变是侵权冲突法理论发展的枢纽所在。双重可诉规则试图融合侵权行为地法和法院地法这两个系属公式的优点,但不利于平等保护双方当事人的利益,而且有悖于现代侵权法的基本职能。放弃双重可诉规则,强化侵权行为地法的作用,是侵权冲突法发展和我国法律改革的方向,但对于涉外诽谤侵权和损害赔偿限额等问题,双重可诉规则仍有局部保留的价值。     

心理机制制约下的见危不助犯罪化探析

针对社会上频频发生的见危不助事件和见危不助行为犯罪化立场的泛化,考察一项刑事立法的相关制约因素,是刑事理性选择的必然.作为法益与法制有机组成部分的犯罪化刑事政策,只有基于对人的基本认识与判断,分析人们的心理认知与社会行为之间的关系,研究见危不助场合的心理反应机制,探析影响人们选择见危不助行为方式的个体、群体以及社会等方面的因素,才能谨慎地处理和看待见危不助犯罪化的问题.