农地承包经营纠纷仲裁调解程序探析——以功能定位与法理定性为中心

农地承包仲裁属"准行政性仲裁程序",它是农地承包仲裁裁决的"前置程序",并能产生"一调终局"之程序效果。其功能应定位于农地承包经营纠纷之诉讼案件的分流,其程序启动无须仲裁协议,就其与诉讼的关系,当前立法定位于"或裁或审、一裁两审"具有现实之合理性,但在制度体系相对成熟之后,应及时转为"仲裁前置、一裁两审"。     

Are children less reliable at making visual identifications than adults? A review

The current paper reviews research that has investigated developmental differences in lineup identification. A wealth of studies have shown that children can be as accurate as adults when making a correct identification from a target present lineup (TP), however children are more inclined to choose and thereby make a false identification from a target absent (TA) lineup, as compared to adults. The literature reviewed, suggests that the disparity between children's and adult's performances on TA lineups is due to children being unable to resist the social demands to choose someone from a lineup and/or the need to give a positive response. Employing a silhouette within a lineup, that can be chosen if the target is not recognised, appears to be the most successful technique for reducing false identifications made by child witnesses. Including a silhouette as a part of a lineup, along with the lineup administrator being attired in casual clothing, rather than a uniform, are two simple measures that could make child witness identification evidence more reliable.     

A systematic review and meta-analysis on the effects of European drug treatment programmes on reoffending

This article presents the results of a systematic review and meta-analysis on the effects of treatment programmes for drug abusing offenders in Europe, using stringent eligibility criteria to control for threats to internal validity. A literature search of approximately 37,000 titles revealed 15 sound evaluations from six countries, containing 3953 participants. There were significant positive overall effects of treatment on crime (d=0.47) and illicit drug use (d=0.38). Most evaluations originated from the UK and evaluated primarily substitution therapy-based treatment. Evaluations of other interventions were a minority. Our findings support the use of treatment programmes among substance-abusing offenders. However, these results are limited to a small set of programmes from very few countries. Therefore, sound evaluations on a range of treatments across Europe are needed.     

Note takers who review are less vulnerable to the influence of stereotypes than note takers who do not review

Abstract

The current research investigated whether the opportunity to review reduced note takers' vulnerability to the influence of stereotypes when making decisions. Participants were presented with a trial in which a man or a woman had been charged with a stereotypically masculine crime. Results revealed that note takers who did not review were more likely to find a man guilty than a woman, and attributed a higher degree of offender relevant traits to a man than to a woman. Non-note takers and note takers who reviewed did not engage in stereotype-based processing. It was concluded that the provision of dedicated review periods reduced the extent to which note takers were influenced by stereotypes during decision making. Future research may consider investigating whether the benefit of dedicated review periods remains when jurors are presented with longer trials and when they are required to engage in deliberation.     

Alcohol-related crime among college students: a review of research and fruitful areas for future work

College and alcohol are a potent mix. This paper reviews what is known and unknown about college students’ involvement in alcohol-related crime as both offenders and victims. There are three types of alcohol-related crime: psychopharmacological; economic compulsive; and systemic. Research on college students, however, has focused entirely on the first type. Why are the latter two types untouched in the literature? After reviewing research on alcohol-involved psychopharmacological crime among college students, we address this question by drawing on Lewis & Lewis’ taxonomy of ‘negative evidence.’ We outline and assess reasons for the dearth of information on these topics, and draw on these explanations to suggest fruitful areas for future research.     

尿素氮、肌酐和尿酸死后生化学检测的法医学应用

死后生化学是法医鉴定中重要的检查手段。研究表明含氮化合物中尿素氮、肌酐、尿酸是临床上常用的生化学检测指标,其在法医死后生化学检测中也有重要的价值。本文就体内上述三者的特征及其在法医学中的研究及应用加以综述,以期为法医死后生化学分析提供参考。     

Countering Violent Extremism: A Realist Review for Assessing What Works,for Whom,in What Circumstances,and How?

ABSTRACT

Scientific knowledge on what works in countering violent extremism remains limited. This article argues that we should move away from the “what works?” question and towards: “what works, for whom, in what circumstances, and how?” This method is also known as realist evaluation. This article applies the realist review method to CVE studies, which synthesizes the existing CVE literature and helps us gain insight into relevant contexts, mechanisms, and outcomes for CVE. Realist reviews help to develop and shape more effective policy and contribute to further CVE theory development.     

我国刑事人身检查制度研究

刑事人身检查是对与案件有关联的人,采集血液、尿液,提取指纹等样本的一种侦查措施。如果适用不当,可能会侵犯公民的人身权、自由权和隐私权等,因此,必须进行适当的限制和监督。比较分析我国与美国、德国的刑事人身检查制度,找出我国刑事人身检查制度的缺陷,提出相关完善措施,从而实现人身检查与人权保障的平衡。     

新型城镇化及其在陕西的实践与探索——2013年春季县级政府领导干部培训班学员研讨综述

新型城镇化正在成为中国经济增长和社会发展的强大引擎,受到各级政府的高度重视。陕西省行政学院2013年春季县级政府领导干部培训班以"积极稳妥推进陕西城镇化建设"为主题,全体学员与参会领导一起,围绕新型城镇化的内涵、新型城镇化的基本特征、陕西城镇化建设的探索与经验、陕西城镇化发展与新型城镇化中存在的主要问题、陕西实现新型城镇化的路径等方面进行了深入的讨论。陕西新型城镇化建设需要从改革户籍制度、农村土地制度、建立农民工服务体系等方面入手,解决新型城镇化的制度障碍。     

死刑控制与最高人民法院的功能定位

死刑控制与最高人民法院的关系是社会各界关注的热点问题。分析表明,2007年以来最高人民法院全面收回死刑复核权,对其自身造成了一系列影响;最高人民法院的内部结构与实际功能,由此发生了深刻变化。这些变化并不完全符合现代法治理念下最高人民法院的功能定位。未来应该在考虑政治与社会条件的基础上,有步骤地改造最高人民法院在死刑控制方面的工作职能与方式,以减轻最高人民法院不必要的工作负担与资源消耗,促进最高人民法院将更多的资源用于应对更加宏观、复杂的问题。