汇率制度选择理论综述

传统汇率制度选择理论的关注点为固定汇率制和浮动汇率制的优劣之争,而新兴汇率制度选择理论的关注点则为中间汇率制度和两极汇率制度的优劣之争,由此派生出了各种汇率制度选择理论。近年来,经济学家开始从可维持性和危机预防的角度出发来研究汇率制度的选择和安排,汇率制度选择理论的研究也从静态视角转向动态视角。     

非法证据排除规则的国内外比较研究

由于法律文化传统等的不同以及特定时期控制犯罪与保障人权的需要,不同国家之间以及同一国家在不同时期有关这一问题的诉讼理论和具体对策往往存在着许多差异。不过,随着人类社会进步和对刑事诉讼规律认识的提高,各国对违法取证的危害性的认识也日趋深刻,并在一些原则问题上达成了共识。     

对法定证据制度认识误区的反思

传统理论对法定证据制度存有较大的误解。但事实上,法定证据制度的认识论基础应是原始经验主义;裁判者对之也并非完全机械地操作,而是具有一定程度的灵活性。不管制度如何设计,裁判者在进行证据评价时其经验要占据重要的位置。为保证裁判者对案件事实有一个客观公正的评价并进而作出具有合理性和可接受性的结论,不但要重视审判经验的提炼和推广工作,还要继续完善制度建设,加强规范性制约。     

I shop online – recreationally! Internet anonymity and Silk Road enabling drug use in Australia

Internet technologies are beginning to influence the sale and supply of illicit drugs in Australia. One such technology, an online marketplace known as Silk Road, had dramatically increased in popularity since its worldwide launch in February 2011. This research and paper were completed prior to the Silk Road's founder, Ross Ulbricht being arrested on 2 October 2013 and Silk Road being taken off line. This research paper will consider such factors; as the increasing use of internet by Australians, the popularity of shopping online and the variance in the quality and price of products available on Silk Road to those available in other drug markets. The case study will provide an in-depth look at Silk Road from an Australian perspective and in light of the continuing popularity of illicit drug use in Australia. Though Silk Road is currently off line, ‘Bitcoin’ has survived and it will only be a matter of time before a substitute for Silk Road emerges.     

Impacts of increasing volume of digital forensic data: A survey and future research challenges

A major challenge to digital forensic analysis is the ongoing growth in the volume of data seized and presented for analysis. This is a result of the continuing development of storage technology, including increased storage capacity in consumer devices and cloud storage services, and an increase in the number of devices seized per case. Consequently, this has led to increasing backlogs of evidence awaiting analysis, often many months to years, affecting even the largest digital forensic laboratories. Over the preceding years, there has been a variety of research undertaken in relation to the volume challenge. Solutions posed range from data mining, data reduction, increased processing power, distributed processing, artificial intelligence, and other innovative methods. This paper surveys the published research and the proposed solutions. It is concluded that there remains a need for further research with a focus on real world applicability of a method or methods to address the digital forensic data volume challenge.     

Private browsing: A window of forensic opportunity

The release of Internet Explorer 10 marks a significant change in how browsing artifacts are stored in the Windows file system, moving away from well-understood Index.dat files to use a high performance database, the Extensible Storage Engine. Researchers have suggested that despite this change there remain forensic opportunities to recover InPrivate browsing records from the new browser. The prospect of recovering such evidence, together with its potential forensic significance, prompts questions including where and when such evidence can be recovered, and if it is possible to prove that a recovered artefact originated from InPrivate browsing. This paper reports the results of experiments which answer these questions, and also provides some explanation of the increasingly complex data structures used to record Internet activity from both the desktop and Windows 8 Applications. We conclude that there is a time window between the private browsing session and the next use of the browser in which browsing records may be carved from database log files, after which it is necessary to carve from other areas of disk. It proved possible to recover a substantial record of a user's InPrivate browsing, and to reliably associate such records with InPrivate browsing.     

BitTorrent Sync: First Impressions and Digital Forensic Implications

With professional and home Internet users becoming increasingly concerned with data protection and privacy, the privacy afforded by popular cloud file synchronisation services, such as Dropbox, OneDrive and Google Drive, is coming under scrutiny in the press. A number of these services have recently been reported as sharing information with governmental security agencies without warrants. BitTorrent Sync is seen as an alternative by many and has gathered over two million users by December 2013 (doubling since the previous month). The service is completely decentralised, offers much of the same synchronisation functionality of cloud powered services and utilises encryption for data transmission (and optionally for remote storage). The importance of understanding BitTorrent Sync and its resulting digital investigative implications for law enforcement and forensic investigators will be paramount to future investigations. This paper outlines the client application, its detected network traffic and identifies artefacts that may be of value as evidence for future digital investigations.     

非法证据排除规则实施考察报告--以J省检察机关为视角

本文是中国政法大学诉讼法学研究院于2013年底对J省检察机关实施非法证据规则情况考察报告的组成部分,内容包括J省人民检察院在实施非法证据排除规则方面的经验和具体活动,J省三级检察院侦查、起诉等刑事诉讼活动和非法证据排除申请、处理等方面的重要数据。报告总结、分析了J省三级检察院实施非法证据排除规则情况,结合我国非法证据排除规则的特色,对该规则实施过程中存在的问题进行了探讨,论述了我国排除非法证据的主体、程序、范围等重要问题,并提出非法实物证据的排除将会成为今后的重要任务。     

情况证据在侦查与审判中的推证功能简析

情况证据亦称间接证据,是不能直接推导出案件主要事实的证据。但在侦查与审判中,情况证据推导证明案件事实的功能并不亚于直接证据,甚至比直接证据更为重要。如何让情况证据在刑事侦查和刑事审判中充分发挥其应有的功能和作用,是当下亟待关注的理论和现实问题。