电子证据法律效力的难点及对其管理的启示

文章首先从证据相关的法律条款角度,探讨了电子证据产生法律效力的难点：电子证据是何种证据形式、电子证据是否有原件、对电子证据的真实性应如何审查等,并对国外有关电子证据的法律法规作了分析,对电子证据管理带来的影响作了阐述。     

我国法学论文数据库状况的分析

学术论文是了解某一专业领域学术研究最新动态 ,进行学术研究之最基本工具。本文对我国现有法学论文电子资源进行了梳理 ,重点介绍了法学论文数据库的具体情况 ,对我国法学论文数据库状况进行了总体评价 ,并通过中外数据库的对比 ,指出了今后的发展方向。     

电子证据保全公证若干问题研究

电子证据保全公证属于中国公证机构保全证据公证业务范围,具有启动方式被动、无需提供担保、保全措施中立等特点。该文分析了电子证据保全公证在保全对象、申请审查、保全措施、公证书效力等方面与传统证据保全公证的不同,认为需要通过相关立法对其程序规则加以明确。目前中国公证机构仅对电子数据取得行为进行保全公证,随着电子数据鉴定技术的发展,在证据保全公证中引入电子数据原始性公证已不存在技术障碍,为此,该文提出应从法理、效力等层面对电子数据原始性公证展开研究。     

试论流媒体技术在网络教育中的应用

详细介绍了流媒体技术的概念和该技术在当前网络教育中的应用,对利用该技术实现远程教学中实时授课、视频课件点播以及在线交互等功能的原理也进行了描述和思考.     

电子证据独立的必要性刍议--以网络著作权诉讼为视角

互联网的出现以及信息一体化使得网络纠纷日增,正确认定电子证据是处理此类纠纷的关键.本文从电子证据的内涵、特点出发,分析网络著作权诉讼中确立电子证据的必要性,反思我国电子证据立法的不足,提出应在我国诉讼证据体系中赋予电子证据以独立的法律地位.     

Cashlessness and Street Crime: A Cross-national Study of Direct Deposit Payment and Robbery Rates

Substantial variation in national crime rates suggests social structure and cultural context influence offending and victimization. Several prominent criminological theories anticipate a positive association between the prevalence of cash in a society and its rates of pecuniary crime. We examined the association between one form of “cashlessness” and national robbery rates across nations (n = 67), controlling for several structural covariates of national crime rates. We obtained data on robbery from the United Nations Office on Drugs and Crime, and data on government-based cashlessness from the Global Financial Inclusion Database. We found nations with higher levels of government-based cashlessness had lower robbery rates (β = ?.41, p = .02). We also undertook several sensitivity analyses, including tests for a relationship with commercial cashlessness and for crimes like homicide and burglary. Our results suggest technological advancements that reduce cash in a society may have implications for a nation’s robbery rates.     

Communication error management in law enforcement interactions: a receiver’s perspective

Two experiments explore the effect of law enforcement officers’ communication errors and their response strategies on a suspect’s trust in the officer; established rapport and hostility; and, the amount and quality of information shared. Students were questioned online by an exam board member about exam fraud (N_study1 ?=?188) or by a police negotiator after they had stolen money and barricaded themselves (N_study2 ?=?184). Unknown to participants, the online utterances of the law enforcement officer were pre-programmed to randomly assign them to a condition in a 2(Error: factual, judgment)?×?3(Response: contradict, apologize, accept) factorial design, or to control where no error was made. Our findings show that making (judgment) errors seem more detrimental for affective trust and rapport in a suspect interview, while no such effects appeared in a crisis negotiation. Notably, we found a positive effect of errors, as more information was being shared. The ultimate effect of the error was dependent on the response: accept was effective in re-establishing rapport and decreasing hostility, while contradict threatens it. Accept seems more effective for the willingness to provide information in a suspect interview, while apologize seems more effective for affective trust and rapport in a crisis negotiation.     

Entomological and Cardiologic Evidence of Time Since Death in Short Postmortem Intervals

Estimating the time since death of the deceased is a main goal in forensic investigations, but this can be challenging due to contradictory results derived from different investigations at the scene of death. We present a case of a 78‐year‐old woman, found dead in a small forest with broad‐leaved trees, whose husband had a history of domestic violence. Routinely performed investigations, such as postmortem rectal temperature and lividity, yielded inconsistent time since death results between only a few and longer than 20 h. This difficulty was most likely caused by high ambient temperatures of up to 38.0°C, which negatively influenced the informative value of the applied nomogram method. Additionally, performed entomological investigation of fly maggots (Lucilia illustris) recovered from the corpse and the assessment of heart pacemaker data revealed consistent and incontrovertible results. The presented case highlights the benefits of information provided by entomological investigations and data evaluation of cardiac implantable electronic devices and the combined use of the two techniques.     

论手机短信的证明效力

随着社会的发展,存储于磁性介质之中,以电子数据形式存在的诉讼证据越来越多,电子证据的证明效力问题也受到了越来越多学者的关注,手机短信就是其中一种。手机短信具有证据的客观性、关联性、合法性。明确手机短信的证据证明力符合社会发展趋势,有利于维护合法权益。     

Malaysia's government publishing house: a quest for increased performance through technology

Electronic publishing, which is the production of a book or an e‐book electronically, encompasses all processes involved in the production such as electronic communication, production, authoring, submission, reviewing, transfer and output. This study examines a radical transformation process to turn a conventional sector into an electronic sector. Studies were carried out in a government run publishing house in Malaysia, where the course of the public sectors and the interests of the private sectors meet. Factors that hindered progress, such as data management issues and transparencies are identified, and suggestions made to overcome them. Some concerns over disruption, such as creative destruction, often viewed as negative and destructive were identified with the introduction of technology. As disruption is also considered as one of the main hindrances in innovation, the study focuses on determining other effects of disruption on transformation. Business and management strategies are combined and a system that could increase performance and efficiency in the sector is proposed. However, the main concern in e‐government efforts will have to be looked into from the root issues expanding from top level management to users and an innovative platform furnished with knowledge and skills at all levels. Copyright © 2007 John Wiley & Sons, Ltd.