论交通事故证据的审查与采用

交通事故发生后,针对众多证据,除了依靠科学、合法的手段收集证据外,对于收集到的各类证据,就要从现场勘查图;现场照片;现场勘查笔录;对技术鉴定;驾驶员的分析和证人证言等多方面审查,只有这样才能使交通事故责任认定事实清楚、证据充分,才可以正确的处理交通事故     

INTERCOUNTRY ADOPTIONS: INSTITUTING EDUCATIONAL PROGRAMS IN THE ADOPTION PROCESS TO FACILITATE AWARENESS OF CULTURAL IDENTITY ISSUES

In 1995, China first claimed the designation as the number one location for parents from the United States seeking to adopt children. The children, for the most part girls, are between 6 and 20 months old, when they are adopted. Most of the girls that were adopted in 1995 are now entering into their preteen years, and if they have not already confronted the issue of who they are, they will soon be forced to. Adoption is a complicated and emotional process that affects the entire family. Traditionally, parents who adopt have been able to consciously choose when and how they will first tell their child that they are adopted. However, when the adopted child is a member of a transracial family, where the parents and adoptive child are obviously of a different race, this decision can sometimes be taken out of their hands by a stranger thoughtlessly asking, “Is she yours?” The parents who choose to adopt from a foreign country should be prepared to answer this question and numerous others before they bring their adopted child home. This note will explore the concept of incorporating educational programs into the intercountry adoption process as an effective method of educating prospective parents on the challenges that transracial families will confront.     

An Empirical Study of E-Government Service Adoption: Culture and Behavioral Intention

This study seeks to identify and understand the important factors that influence citizens’ behavioral intention to take up e-government services. We adopted a research model empirically tested in the United States. The model integrates three established constructs—the Technology Acceptance Model (TAM), trust, and computer self-efficacy. We conducted the research in the United Arab Emirates (UAE), a leader in e-government development in the Arab world. Our findings are mostly different from the U.S. study and suggest that behavioral intention may be influenced by citizens’ cultural context. This study contributes to a better understanding of citizens’ behavioral intention and adoption factors in e-government, in particular from a cultural perspective. The findings may help governments formulate effective strategies to improve the level of citizens’ uptake of e-government services. This study paves the way for further research on an e-government adoption model that is robust across cultures.     

"一对一"证据的审查运用

“一对一”证据多发生在单独实施的犯罪行为中 ,都属直接证据 ,而且多属言词证据。因此 ,在“一对一”证据中应着重对控诉证据和辩护证据的审查判断 ,从而确认和采信证据 ,对案件作出正确认定。     

The Sovereign German States and the Code Napoléon. What Spoke for its Adoption in the Rhine Confederation?

In the principality of Hesse-Nassau and the other states of the Rhine Confederation (1806–1814) the sovereign princes were eventually to comply with Napoleon's wishes and adopt the Code Napoléon (CN). The subject treated here is how this adoption came about.French law was more modern than contemporary German law. Napoleon wanted the CN to be adopted in all the states where French troops were stationed. The sovereigns of the states of the Rhine Confederation (1806–1814) asked their lawyers to assemble at the Congress of Giessen for the purpose of creating a common version of the CN for their respective states. This involved solving various problems.It was the liberals in South Germany, not the conservatives and the nationalists in Prussia, who accepted the CN as a modern, liberal and sophisticated body of law. But for the liberals, too, there was a critical point: the definition of who was subject to the law in the CN. This was no longer the individual owner of property, but the citizen of a sovereign state who was a member of his nation. This definition was unacceptable to Germans because, under the German conditions of the period, their membership of a nation and their citizenship of a sovereign state differed.People did not have their estates in just one of the little post-Empire states, but in several. (But only in one state were they given the status of being subject to the common law.) Herr von Almendingen, an important lawyer of the period, suggested a European nationality!     

刑事诉讼中法医DNA鉴定证据的采信

从1985年法医DNA鉴定技术首次应用到法庭科学以来,法庭科学获得了质的飞跃,改变了以往法庭科学检验只能"否定"不能"认定"的历史。利用法医DNA鉴定技术,可以直接"认定"犯罪嫌疑人,由于其鉴定结论的认定概率几乎接近100%,所以该鉴定结论被认为是铁证。但作为鉴定结论的一种,笔者认为,它不能优越于其他证据,决不能盲目夸大法医DNA鉴定结论的证据效力,只有符合采信标准,才能作为定案证据予以采信。     

Cross-border public care and adoption proceedings in the European Union

The free movement of persons within the EU has meant that children at risk of harm from family members may be living in a Member State of which they are not a national. The child may be made subject to legal measures under the national law of the host State for the protection of their welfare. This article explores the competence of the EU to protect children in these circumstances, and the scope of the Brussels IIa Regulation in governing jurisdiction over child protection proceedings. It discusses the difference between national child protection systems and the political controversy surrounding English law on adoption following care proceedings issued over a child who is a national of a different Member State. It suggests that further information sharing on national systems and cooperation between courts is necessary for the effectiveness of the law and to encourage understanding of legitimate variation in Member State national family law.     

Making Choices: Adoption Seekers’ Preferences and Available Children with Special Needs

Most children available from public adoption agencies are children with special needs, such as disabilities. This pilot study on the child profile preferences of 5830 adults registered with province-wide adoption agency found that those who were most open to considering children with special needs had been formally seeking to adopt for some time and had completed government-required SAFE assessments and training. Most preferred younger children, and half would consider sibling groups. Between 43% to 60% indicated willingness to consider adopting children with degrees of learning disabilities, emotional behavioral disorders, and physical disabilities, although the willing proportion decreased as the level of each disability's specified impact progressed from “mild” to “moderate” to “severe.” Most preferred, among 20 categories of available children's possible exposures and health diagnoses, were past abuse exposures versus diagnosed disabilities or enduring conditions. Possible explanations for these findings and their implications are explored and ideas for further research proposed.     

论物权区分原则对合同分割制理论的发展--兼论对我国的立法启示

在国际合同的法律适用领域,同一制和分割制作为两种不同的法律适用理论,分别代表着两种不同的法律选择标准和价值取向.但随着国际民商事交往的纵深发展和国际合同法律关系的日益复杂,分割制将处于绝对优先的位置.尤其是对于涉及物权设定和交易的国际合同来说,物权区分原则加强和推进了分割制在合同法律选择方法的绝对地位.我国在当前的立法中应采纳并强化分割制的理论原则,并将其明确规定为涉外合同法律适用的基本制度.     

Inflation targeting at the crossroads: Evidence from post-communist economies during the crisis

The objective of this paper is to assess if inflation targeting post-communist economies performed better, in terms of output growth, during the crisis than their non-inflation targeting counterparts. The paper also puts the issue in the context of the preconditions of inflation targeters to adopt this regime. 26 post-communist economies of Central and Eastern Europe and the Commonwealth of Independent States are analyzed during the ongoing economic crisis. Results suggest that inflation targeters of those countries performed worse than non-inflation targeters. The growth decline in inflation targeters post-communist economies has been estimated to be deeper by about four percentage points than that in non-inflation targeters. The study finds very limited role of the preconditions for growth decline. Only the lower amount of monetary financing of the budget may have contributed in inflation-targeting countries to have gone through the crisis better.