刑事见证及其法律效力研究——诉讼证明中一个被忽视的问题

刑事见证一直被当作一个技术性问题而为我国诉讼法学界所忽视,其所蕴涵的监督制约价值和诉讼证明功能尚未被人们充分认识。我国现有的刑事见证规范不但内容粗疏,而且见证与否对相关的侦查行为及由此所取得的证据材料不产生任何法律效力,从而导致权力滥用和制度变形,这不但与程序正义相背离,而且妨害实体真实的发现。对公权力过分信任的政治哲学、＂重实体、轻程序＂的法律文化以及偏重于惩罚犯罪的诉讼目的等,都影响了制度的精细化设计及其应然功能的发挥。无论是顺应证明模式转型的发展趋势还是基于程序法定原则的内在要求,抑或是保障证据证明力及侦查程序正当性的要求,均需要我们重新审视刑事见证问题。只有把见证人见证作为一项独立的诉讼行为予以制度完善并赋予其一定的法律效力,刑事见证才能实现从技术到制度的转变。     

BODY‐WORN CAMERAS AS A POTENTIAL SOURCE OF DEPOLICING: TESTING FOR CAMERA‐INDUCED PASSIVITY

Contentious debate is currently taking place regarding the extent to which public scrutiny of the police post‐Ferguson has led to depolicing or to a decrease in proactive police work. Advocates of the “Ferguson effect” claim the decline in proactive policing increased violent crime and assaults on the police. Although police body‐worn cameras (BWCs) are touted as a police reform that can generate numerous benefits, they also represent a form of internal and public surveillance on the police. The surveillance aspect of BWCs suggests that BWCs may generate depolicing through camera‐induced passivity. We test this question with data from a randomized controlled trial of BWCs in Spokane (WA) by assessing the impact of BWCs on four measures: officer‐initiated calls, arrests, response time, and time on scene. We employ hierarchical linear and cross‐classified models to test for between‐ and within‐group differences in outcomes before and after the randomized BWC rollout. Our results demonstrate no evidence of statistically significant camera‐induced passivity across any of the four outcomes. In fact, self‐initiated calls increased for officers assigned to treatment during the RCT. We discuss the theoretical and policy implications of the findings for the ongoing dialogue in policing.     

Policing of Political Protest. The Security Police's Control of the Extra-parliamentary Opposition in Sweden During and after the Cold War

Throughout history, those in power have monitored and exercised control over individuals and groups who have been perceived as representing some form of threat to their power. Irrespective of the system of government in place, political crime is a matter of central interest to a society's security police. Political crimes are often committed by extra-parliamentary groups or organizations. The focus of this paper is how the Swedish secret police (SÄPO) have acted against what they have perceived as the extreme left, mainly anarchists and autonomists, during and after the cold war. Did SÄPO's perception of this part of the extra-parliamentary opposition change when the cold war was over in the early 1990s? Were these groups and individuals perceived as the new enemy in the threat vacuum that temporarily arose in the aftermath of the cold war? Furthermore, had the new security concept that was introduced at that time any impact on SÄPO's activities?     

指定居所监视居住的适用研究——以新刑诉法的修订实施为背景

从立法沿革来看,指定居所监视居住并不是一种新的强制措施,只是新刑诉法及刑诉规则对其适用做了细化和完善。在司法实践中,如何实现指定居所监视居住的法定功能,怎样防止将其异化为羁押措施?当务之急就是要以新刑诉法修订实施为背景,对指定居所监视居住的适用条件、执行场所和执行方法、人民检察院对指定居所监视居住的监督、保障被指定居所监视居住的犯罪嫌疑人、被告人的合法权益等问题进行深入研究。     

Assessment of approximate likelihood ratios from continuous distributions: a case study of digital camera identification

A reported likelihood ratio for the value of evidence is very often a point estimate based on various types of reference data. When presented in court, such frequentist likelihood ratio gets a higher scientific value if it is accompanied by an error bound. This becomes particularly important when the magnitude of the likelihood ratio is modest and thus is giving less support for the forwarded proposition. Here, we investigate methods for error bound estimation for the specific case of digital camera identification. The underlying probability distributions are continuous and previously proposed models for those are used, but the derived methodology is otherwise general. Both asymptotic and resampling distributions are applied in combination with different types of point estimators. The results show that resampling is preferable for assessment based on asymptotic distributions. Further, assessment of parametric estimators is superior to evaluation of kernel estimators when background data are limited.     

Accountability in the Internet of Things

Accountability of governing bodies in the Internet of Things (IoT) is of major importance and requires a partly different approach than applied in the (general) Internet. Improving accountability makes the implementation of new general principles necessary in order to provide for a stable and foreseeable legal framework on which businesses can rely. In particular, standards need to be introduced that hold governing bodies accountable, information should be made more readily available and beneficiaries of accountability must be able to impose some sort of sanction on the accountable in case of non-compliance. Improving accountability by creating such framework also supports the betterment of security in the Internet of Things.     

社会管理创新语境下城市图像监控系统的应用

城市图像监控系统增强了动态驾驭社会治安局势的能力,丰富了信息收集的手段渠道,完善了社会治安前端管理,延缓了警力投放压力,更是提高群众安全感和满意度的有效途径.公安机关要积极探索创新城市图像监控系统建设应用对策,规范系统运作模式,科学整合资源,完善应用工作机制,为提升社会治安防控能力服务.     

浅论数码照相提取现场粉尘足迹

选用佳能G5照相机进行数码照相有利于提取犯罪现场粉尘足迹。根据分析实验拍照效果后发现,对拍照平面粉尘足迹影响较大的是配光方法。在实践中,拍照平面粉尘足迹配光方法主要有定向反射用光法、暗视场照明法和掠入射照明法。在拍照粉尘足迹过程中,应当注意使用传统的手动曝光方法和运用不同的配光方式,理顺配光与主客体之间的关系,尽可能使用掠入射照明法进行配光。     

iGovernment: A new perspective on the future of government digitisation

Innovative use of ICT applications is rapidly becoming a cornerstone of modern government policy in every area of service, care and control. Looking beyond the individual applications and layers of digitisation, we find a hodgepodge of information flows running within and between the various public authorities, policy domains, and crossing the public/private boundary. This has consequences for the relation between government and citizens. Step by step, decision by decision, the everyday work of government is changing ‘the rules of the game’ and giving rise to “information Government” (iGovernment), without this being based on any overall strategic agenda or awareness among political decision-makers. This article places this development in a new framework and suggests a perspective on a necessary paradigm shift.     

市场经济条件下单位内部治安保卫的新构想--评《企业事业单位内部治安保卫条例》

<企业事业单位内部治安保卫条例>确立了"单位自治,政府监管"的单位内部治安保卫的新机制,单位内部治安保卫工作实行单位负责制,单位自治权力必须在法律的框架内运行.公安机关应充分履行指导监督的职能,积极探索适应社会主义市场经济的维护单位内部稳定与安全的新途径.