法官对专家辅助人意见的采信与心证形成的路径分析

2012年《民事诉讼法》规定了专家辅助人两种出庭情形:与鉴定人进行质证;对案件所涉专业问题发表意见。两种情形不仅在事实认定中承担着本证与反证的不同功能,其意见效力、法官采信的逻辑亦有差别。目前,专家辅助人意见在我国不属于法定证据,2015年《民事诉讼法司法解释》将其视为当事人陈述的规定,更加弱化其效力,导致实践中法官在采信专家意见时难以操作。因此,赋予专家辅助人合法的诉讼地位和法定证据效力,并对专家辅助人出庭的条件、资质要求、意见属性、法院审查标准等方面予以规定,不仅完善立法,也具有非常重要的实践意义。     

The UN system's contribution to Asia-Pacific security architecture

Although it has been the major states of China, the former Soviet Union and especially the United States that have made the major contributions to shaping the security architecture of the Asia-Pacific region since 1945, the UN system has played a useful, adjunct role. This is especially the case in the post-Cold War era when its principal bodies, together with its various specialized agencies, have provided vital support in moving warring societies into a period of relative peace and stability. The UN peace-building operations in Cambodia and East Timor were some of the most demanding ever undertaken by this universal institution. But beyond these particular examples, the United Nations has been influential in the region in other, more indirect, ways. It has set standards, its charter has been a powerful source of ideas when it comes to composing parallel documents at the state or regional levels, and it has helped with the negotiation of global arms control treaties, making up to some degree for the absence of such arrangements at the regional level. The UN has also had a legitimating function, providing an arena where Asia-Pacific states can publicize their grievances, and receive approval or reprimand for their behaviour. It has played a valuable role, too, as third-party mediator. However, the UN's political structure constrains the contribution it can make to the security order since it is reliant on major state agreement before it can act. Veto power - not its actual use but simply its anticipated use - gives China, Russia and the United States a controlling function with respect to a potential UN role in the management of conflict. Beijing and Washington would work, and have worked, to exclude the United Nations from major involvement in conflicts in which they have direct security interests: the Taiwan and Korean issues being the two most obvious in this regard. Thus, the United Nations is a useful buttress but not a central pillar of the region's security architecture.     

Mothering as a citizenship practice: an intersectional analysis of ‘carework’ and ‘culturework’ in non-normative mother–child identities

In this article, a comparative analysis is presented of two ethnographic case studies on mothering practices in Belgium. Interviews with, and participant observation among, both undocumented migrant mothers from the South and Belgian white adoptive mothers of black Ethiopian-born children provide an insight into the way in which mothering plays an important role in the pursuit of citizenship. In our analysis, we draw on critical theorizations of citizenship from feminist, multicultural and globalization perspectives, and of care, intimacy and the affective in order to show how mothering can be viewed as a citizenship practice that transcends boundaries of the private, public and the nation. In their ‘carework’ and ‘culturework’, both undocumented migrant and white adoptive mothers negotiate prevalent ideologies of mothering that are often exclusionary of their own and their children's sense of identity and belonging. Their mothering involves building new networks and strengthening their children's identities in culturally creative ways. We argue that although these mothering practices are embedded in a multiplicity of intersecting privileges and inequalities, within restraints imposed by the nation-state context, this carework attests to the agentic capacity of mothering and its potential to affect politics of inclusion, recognition and changing hegemonic understandings of citizenship and belonging.     

High‐Throughput STR Analysis for DNA Database Using Direct PCR,

Since the Korean criminal DNA database was launched in 2010, we have focused on establishing an automated DNA database profiling system that analyzes short tandem repeat loci in a high‐throughput and cost‐effective manner. We established a DNA database profiling system without DNA purification using a direct PCR buffer system. The quality of direct PCR procedures was compared with that of conventional PCR system under their respective optimized conditions. The results revealed not only perfect concordance but also an excellent PCR success rate, good electropherogram quality, and an optimal intra/inter‐loci peak height ratio. In particular, the proportion of DNA extraction required due to direct PCR failure could be minimized to <3%. In conclusion, the newly developed direct PCR system can be adopted for automated DNA database profiling systems to replace or supplement conventional PCR system in a time‐ and cost‐saving manner.     

Federal Support for Adoption Subsidies

ABSTRACT

Federal Title IV-E Adoption Assistance is an essential resource for states moving children from foster care to adoption. Secondary analyses indicate that federal funds support nearly half the costs of all adoption subsidies. Due to variations in eligibility, federal matching rates, and states' use of the program, the proportion of total subsidy costs supported by Title IV-E funds ranges from 25 to 72 percent among states. Multivariate analyses of recent adoptions demonstrate the importance of Title IV-E utilization for adopted children and their families, in that Title IV-E-eligible children are more likely to receive subsidies and to receive larger subsidies, compared to children who are not Title IV-E eligible. Variations in Title IV-E utilization have potential impacts on children, adoptive families and state child welfare agencies.     

Intercountry Adoption from Guatemala and the United States

Abstract

On October 6, 2000, President Clinton signed the Inter-country Adoption Act of 2000 (H.R. 2909), which represents the United States' implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect on Intercountry Adoption (Joint Council on International Children's Services, 2000). The Ratification of this international treaty came about as increasing attention was brought to the need for greater oversight of Intercountry adopters both into and out of the United States. Over the past decade, the number of United States citizens adopting children from overseas has more than doubled. There are also an increasing number of children who are United States citizens that are being adopted by citizens of other countries. Both the United States and Guatemala have established policies of participation in Inter-country adoption as sending nations primarily to address the problem of how to best care for children permanently separated from their families of origin. However, further analysis indicated that there are problems that these policies indirectly address which are much more complex. The purpose of this paper is to describe and analyze these policies.     

“认知主义视界的汉语语法”专题研究——汉语“口”和韩语“”的认知对比分析

汉语“口”和韩语“”的基本意义都是“人呼吸、进食和说话的器官”,在此基础上都有相关性和相似性扩展,其扩展动因是转喻、隐喻以及规约的内心意象.汉语“口”和韩语“”尽管在扩展细节上有诸多差异,但基本认知原则是一致的,这反映了当代语言学的基本精神,即人类语言的共性总是大于其个性.     

The rank,stock, order and epidemic effects of technology adoption: an empirical study of bounce protection programs

Karshenas and Stoneman (RAND J Econ 24(4):503–528, 1993) gathered four theories of technology adoption: the rank, stock, order and epidemic effects. Tests of these four effects reveal support for rank and epidemic but not the stock or order effects. Since then numerous other studies have tried to find evidence in support of the stock and order effects. But evidence has been elusive, until now. Further, a survey by Frame and White (J Econ Lit 42:116–144, 2004) concludes that much more work is needed into financial innovation. This paper accomplishes three goals: (1) evidence is found to support certain technology adoption theories (the order effects and possibly the stock effects), (2) since the technology under consideration is a financial innovation called bounce protection, the paper answers Frame and White’s call for papers, and (3) refinements are made to the Karshenas and Stoneman methodology and found to be superior to the original empirical model.

论科学证据的采纳

科学证据是通过现代科学技术方法所获得的证据。其证据能力的采纳与一般证据既有共性,又有特殊性。科学证据的采纳必须解决如下三大问题:相关性的认定、合法性的审查以及科学性的判断。     

十月革命前俄国远东朝鲜人的政治活动

日俄战争后,朝鲜人民反日运动高涨,俄远东的朝鲜移民也投入斗争中,成立大韩国民会、劝业会等朝鲜民族组织,积极从事政治活动,有力地支援了朝鲜国内的革命运动,同时也为俄国革命做出了一定的贡献。十月革命前朝鲜人在远东的政治活动构成了19世纪末20纪初亚非拉人民反侵略斗争的一个组成部分。