论医疗过失损害赔偿责任的适当限制规则

医疗过失损害赔偿责任与一般的人身损害赔偿责任不同，具有一定的特殊性，因此，应当确立医疗损害赔偿适当限制规则。具体的限制方法：应当限制精神损害抚慰金的赔偿数额、应当对医疗过失引起的财产损害赔偿运用原因力规则合理确定、应当特别强调定期金赔偿在医疗过失损害赔偿中的适用和应当借鉴排除间接来源规则，在医疗过失损害赔偿中实行损益相抵规则。     

添加打印文书检验方法新探

结合打印机工作原理,对打印机进纸、走纸机械构件不可避免的造成文书添加打印内容的图文字迹横轴线倾斜异常、行距异常、页边距异常该三方面共性特征的机械原理做出解构分析,对添加打印变造文书做出补充性的研究,进一步确证添加打印内容与原文书内容差异特征的客观存在。并介绍以photoshop图像处理软件为平台的更便捷、直观、高效的科学检验新方法,解决实际工作中运用以往机械比对方法难以实现添加打印变造文书检验目的情况。     

Physical matches of bone, shell and tooth fragments: a validation study

The following study examines the reliability of physically matching fragments of bone and other mineral-based biological materials such as shells and teeth. Participants with varying education, training, and experience were asked to complete a matching exercise consisting of intentionally fragmented specimens. Success rates were very high; the positive association (correct match) rate was 0.925, while the nonassociation (overlooked match) rate was 0.075, and negative associations (incorrect matches) occurred at a rate of just 0.001. Results also indicate that those with more education and related experience tended to have higher positive association rates, although not significant statistically. Experienced osteologists, however, completed the matching exercise in significantly less time. Low error rates among both experienced and inexperienced individuals support the reliability and validity of performing physical matches of these materials, and suggest that performance may also be related to an individual's aptitude for spatial tasks or other factors.     

试论竞合性事实错误——以行为性质错误为契合点

与单一的事实错误不同,竞合性事实错误系两个不同的错误重叠交叉所致。以行为性质错误为契合点,与其重叠的竞合性事实错误常见的有行为性质错误与打击错误的竞合、行为性质错误与对象错误的竞合以及行为性质错误与手段错误的竞合。在竞合性事实错误的处理上,应分别就不同的错误进行规范评价,进而从整体上对双重错误问题作出适中的定性分析。     

中国城市化进程与犯罪率之间关系的实证研究——基于结构突变的协整分析

在我国城市化发展进程中,伴随着犯罪率的显著上升,二者具有显著的长期趋势的一致性和短期波动的差异性。＂严打＂运动的外部冲击对协整模型具有显著的结构影响,＂严打＂运动在短期也起到了遏制犯罪的震慑效果。     

Sexual Dimorphism of the First Rib: A Comparative Approach Using Metric and Geometric Morphometric Analyses

This research investigated the sexual dimorphism of the first human rib using geometric morphometric and metric approaches on a sample of 285 specimens containing European Americans and African Americans from the Hamann‐Todd collection. Metric measurements were investigated for sexual dimorphism and ancestral differences using univariate statistics. Four type II landmarks and 40 sliding semi‐landmarks were placed outlining the dorsal and ventral curvatures of the ribs. Landmark data were processed using Generalized Procrustes Analyses with Procrustes distance sliding, and the subsequent coordinates were investigated for sexual dimorphism and ancestral differences using Procrustes ANOVAs. Both geometric morphometric and metric data were analyzed using cross‐validated discriminant function analyses to test the hypothesis that variables from both approaches can be combined to increase sex classification rate. European Americans had sex correctly classified as high as 88.05% and African Americans as high as 70.86% using a combination of metric and geometric morphometric variables.     

A test of the stability of punishment hypothesis: The Dutch case

This paper tests the hypothesis of the stability of punishment as developed by Blumstein and his associates against Dutch prison data. After summarizing the existing empirical evidence, Dutch prison data are presented pertaining to the average daily population in penal institutions, on the one hand, and the number of admissions in these institutions, on the other hand. In three ways it is tested whether these data do support the hypothesis: regression analysis, Box-Jenkins analysis, and the analysis of a few dynamic models as presented by Berket al. (1981). The paper ends with discussing Blumstein's hypothesis and considers the way research into the extent of the prison population should be continued.     

Winning at the polls and in the polls: the incumbency advantage in surveys of U.S. house voters

The success of House incumbents at the polls is well known and has been studied extensively. This paper focuses on the incumbents' success in the polls: the support bestowed upon incumbents by survey respondents is substantially higher than that received from the voters. The incumbency advantage at the polls, estimated at about 10% in the most recent elections, is almost doubled when measured in the polls. The data, drawn from the 1982–1996 National Election Studies, show that respondents do not reward all winners; candidates elected to open seats have not benefitted from the kind of bounce consistently enjoyed by winning incumbents. In addition, the pattern of respondents' misreports appears to be inconsistent with earlier explanations based on instrument effects. Respondent bias should be accounted for in order to reach correct estimates of the incumbency advantage in individual-level data.     

A validation study for duct tape end matches

Fracture matches are considered to be the strongest association achievable in forensic examinations of glass, metal, wood, plastic, paint, tape, and other trace evidence. Despite being fairly routine examinations, few publications exist to support their admissibility in court. This study was designed, using duct tape as the fractured medium, to determine the validity and error rate associated with conducting end match (fracture match) examinations on this material. Five test designs, which varied either the source roll of tape or manner of separation (torn or cut) from the roll, were administered to four analysts with instructions to examine the assigned test sets for end matches. If an end match was not identified by the initial analyst, the entire test set was independently evaluated by the remaining three analysts. Results indicated that while tape grade did not hinder end match identification, the manner of separation could affect results.     

Revisiting Respondent “Fatigue Bias” in the National Crime Victimization Survey

For more than three decades the National Crime Victimization Survey (NCVS)—and its predecessor the National Crime Survey (NCS)—have been used to calculate estimates of nonfatal crime in the United States. Though the survey has contributed much to our understanding of criminal victimization, some aspects of the survey’s methodology continue to be analyzed (e.g., repeat victimizations, proxy interviews, and bounding). Surprisingly, one important aspect of NCVS methodology has escaped this scrutiny: respondent fatigue. A potential source of nonsampling error, fatigue bias is thought to manifest as respondents become “test wise” after repeated exposure to NCVS survey instruments. Using a special longitudinal NCVS data file, we revisit the presence and influence of respondent fatigue in the NCVS. Specifically, we test the theory that respondents exposed to longer interviews during their first interview are more likely to refuse to participate in the survey 6 months later. Contrary to expectations based on the literature, results show that prior reporting of victimization and exposure to a longer interview is not a significant predictor of a noninterview during the following time-in-sample once relevant individual characteristics are accounted for. Findings do demonstrate significant effects of survey mode and several respondent characteristics on subsequent survey non-participation.