论民事审判中的质证

质证制度是民事诉讼开庭审理阶段的重要组成,对查清案情、认定案件事实是非常重要的,弄清质证的概念、构成要素及通过对大陆法系和英美法系质证的范围和方式比较,提出我国质证程序的模式选择。     

Larval-mass effect: Characterisation of heat emission by necrophageous blowflies (Diptera: Calliphoridae) larval aggregates

Numerous Calliphoridae species larvae are necrophageous and develop on animal cadavers. During the feeding stages, a strong gregarious behaviour leads to the formation of large larval masses, allowing larvae to share digestive fluids. Furthermore, a mass of larvae emits heat, resulting in a local increase of temperature. Differences greater than 20°C between ambient and larval mass temperatures have already been observed, and the temperature of the mass can reach 50°C. Thus, larvae could benefit from this increased local temperature to speed up their development. This study focuses on the dynamic and characterisation of heat emission by Lucilia sericata (Diptera: Calliphoridae) (Meigen, 1826) larval masses. Experiments were performed under controlled conditions using several ambient temperatures and different numbers of larvae. Results indicate that heat emission depends on the instar and is strongly affected by available amount of food. Furthermore, according to the experimental data, the heat emission is also relative to the weight of the larval mass, the larvae number and the local temperature. These results also demonstrate that optimum ambient-temperature values ranging between 22°C and 25°C produce maximal heat-emission per larva. Furthermore, a feedback loop, involving heat exchanges and physiological and behavioural thermoregulation processes, appears inside aggregates. In the context of forensic cases and post-mortem interval (PMI) estimation, these results indicate that heat emission can occur even with "small" masses if they are composed of high number of second stage larvae. Furthermore, particular attention should be paid on cases involving L. sericata larvae at ambient temperature ranging from 22°C to 25°C, which appears to maximise the heat-emission process.     

X‐ray Scattering Evaluation of Ultrastructural Changes in Human Dental Tissues with Thermal Treatment

Micro‐ and ultrastructural analysis of burned skeletal remains is crucial for obtaining a reliable estimation of cremation temperature. Earlier studies mainly focused on heat‐induced changes in bone tissue, while this study extends this research to human dental tissues using a novel quantitative analytical approach. Twelve tooth sections were burned at 400–900°C (30‐min exposure, increments of 100°C). Subsequent combined small‐ and wide‐angle X‐ray scattering (SAXS/WAXS) experiments were performed at the Diamond Light Source synchrotron facility, where 28 scattering patterns were collected within each tooth section. In comparison with the control sample, an increase in mean crystal thickness was found in burned dentine (2.8‐fold) and enamel (1.4‐fold), however at a smaller rate than reported earlier for bone tissue (5–10.7‐fold). The results provide a structural reference for traditional X‐ray scattering methods and emphasize the need to investigate bone and dental tissues separately to obtain a reliable estimation of cremation temperature.     

The Welfare Effects of Balance of Payments Reform: A Micro-Macro Simulation of the Cost of Rent-Seeking

This article proposes a methodology for analysing the effect of balance of payments liberalisation on measures of poverty and distribution and applies it to the case of Jamaica in the 1990s. The methodology consists of a macro-micro simulation in which a CGE model provides labour market outcomes, which in turn are used to manipulate the sectoral allocation of employment to generate the income distribution consistent with the new labour market outcome. In the application to Jamaica, we find that the reallocation of resources away from rent-seeking activities in the presence of exchange controls is significant and has large macroeconomic effects. Opening up of the current account has little effect on poverty, but liberalisation of the capital account reduces poverty, especially amongst the very poor. Neither policy change taken separately, nor the combination of the two, has more than a negligible effect on the distribution of income.     

House organ

Red green theory and practice in the world today take a wide variety of forms that eschew leftist dogmatism and “time‐honored, time‐worn” slogans, on the one hand, and “mere utopianism,” on the other. The Alternative Rouge et Verte (AREV) movement in France is one of these, as a reading of this statement of their general political views, written for CNS, will reveal. The publication of the AREV movement is: Alternative Rouge et Verte, 40 rue de Malti, 75011 Paris, France.     

Representations of reproductive citizenship and vulnerability in media reports of offshore surrogacy

In his elaboration of the concept of ‘reproductive citizenship’, Turner (Turner B.S., 2001. The erosion of citizenship. The British journal of sociology, 52 (2), 189–209) suggested something of a homogeneous accumulation of cultural capital to those who make a reproductive contribution to contemporary western societies. The present article takes up this suggestion and proposes that whilst reproduction is indeed a hallmark of contemporary citizenship, the cultural capital arising from this is still differentiated by mode of reproduction, with reproductive heterosex remaining the norm against which other modes are compared. This norm, it is suggested, produces what is termed here ‘reproductive vulnerability’, namely vulnerability arising from being located outside of the norm. Through an analysis of media representations of Australian people who have undertaken offshore surrogacy arrangements in India, this article demonstrates how reproductive vulnerability is highlighted only to be dismissed through recourse to the construction of those who undertake reproductive travel as agentic citizens. The article concludes by considering what it would take for an ethics of reproductive travel to exist; one in which multiple, incommensurable vulnerabilities are taken into account, and the representation of which encourages, rather than inhibits, careful thought about the reproductive desires of all people.     

Fairness and organizational citizenship behavior: What are the connections?

A view of organizations as social contracts recognizes self-interests of individuals but does not explain the occurrence of unselfish contributions such as are denoted by organizational citizenship behavior (OCB). We propose that the concept of fairness, as applied to systems of relational contracts, provides a high-leverage construct for understanding the fusion of self-interest and self-denial. A review of the empirical literature suggests that fairness, rather than job satisfaction, accounts for OCB; and that the evidence points toward procedural and interactional fairness as both empirically and conceptually critical in the fairness-OCB relationship. However, we explain why distributive fairness still should not be deemphasized.     

Ticket-splitting in mixed-member systems: on the importance of seat linkage between electoral tiers

Abstract

In mixed-member electoral systems, voters usually have two votes: a nominal and a list vote. According to some studies, voters are increasingly using them to cast a split-ticket vote. However, very little is known about whether the type of mixed-member system, and in particular whether the allocation of seats across tiers is linked or not, creates different sets of incentives for this behaviour. This article provides new insights into the topic by analysing survey data from seven countries and 18 elections since 1990. It is found that the proportion of split-ticket votes is greater in mixed-member proportional than in mixed-member majoritarian systems. The results suggest that voters understand the operation of the electoral system and its consequences for the distribution of seats among parties, and adapt their behaviour accordingly.