数字图书馆版权问题解读：资源·传播·服务

随着互联网延伸广度和深度的不断发展,数字图书馆版权纠纷案件日益增多。文献数字化、数据库建设、网络传播、网络信息链接、下载、检索等各方面都涉及到版权问题。这些问题可以归结到三个方面：资源建设中的版权问题、信息传播中的版权问题和信息服务中的版权问题。我们应加强版权适度保护,推行公益性图书馆网络传播豁免权,健全著作权集体管理制度,完善相关法律规范。     

Effects on Knowledge of Nudging Citizens with Information

Nudging is a policy instrument that can affect citizen behavior, often by providing information. We argue that nudging can also affect citizens’ knowledge, which can become the basis for future choices. In this manner, providing information can make the nudging initiative stick. We test the effect of an information treatment on three types of knowledge in a field experiment. The treatment consists of information on reading strategies designed to nudge parents to read with their children, randomly assigned to 1438 families. We show how nudging by providing information does in fact increase parents’ knowledge, irrespective of socio-economic background.     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

Civilian Forensic Technician and Sworn Police Officer Job-Related Stress

Forensic Technicians provide crime scene investigation services and are exposed to stressful violent crimes, motor vehicle accidents, biological or chemical hazards, and other appalling imagery. Forensic Technicians would likely experience physical and psychological stress after exposure to trauma, and security vulnerabilities similar to Sworn Police Officers. The perceived availability of mental health resources, job-related physical, psychological stress, and traumatic experiences of both Forensic Technicians and Sworn Police Officers from California law enforcement agencies were investigated using a self-reported survey. Responses were evaluated for any significant differences in the perceived stress, job-related physical stress, and resulting psychological impact affecting the participants. The survey contained a mix of True/False, Circle/Check the Appropriate Box, or Likert Scale (1–5) responses. The results were evaluated statistically and discussed. Results indicated Sworn Police Officers and Forensic Technicians have different on-duty stress levels, but similar off-duty stress levels. Nearly two-thirds of 54 job-related stressors were not significantly different between the two occupations. However, Forensic Technicians reported more adverse effects in 17 physical and psychological job-related activities compared with Sworn Police Officers. Forensic Technicians reported lower awareness levels and availability of agency mental health support services than were reported by Sworn Police Officers. This study reports for the first time an unexpected outcome that perceived and job-related psychological stress is greater for Forensic Technicians than Sworn Police Officers. Possible reasons for this disparity will be discussed as well as stress management tools that should be implemented to reduce health risk factors for both career professionals as well as increase public safety.     

基因信息在保险核保中的应用及其限度

基因信息可应用于保险核保的理论基础在于保险的风险分类理论与保险法的对价平衡原则。政策、伦理、道德、技术等方面的反对意见并不足以否定基因信息应用于保险核保的正当性,因为商业保险不应承担社会保障职能;基因信息相比一般医疗信息不具有特殊性;保险承保的本来就是具有不确定性的风险,基因检测的准确性也在逐步提高。是故,应当允许基因信息应用于保险核保,但为防止基因信息的滥用,还须通过规范的方式明确基因信息的应用限度:明晰保险人获取基因信息的方式;设定保险人使用基因信息的条件;规定保险人对于依据基因信息作出不利被保险人决定之理由的披露义务;强化基因咨询师的咨询与建议职责;完善对被保险人的救济机制及其具体运作规范。     

Silence of the Innocents: Undocumented Immigrants’ Underreporting of Crime and their Victimization

Do undocumented migrants underreport crimes to the police in order to avoid being deported? And do criminals exploit such vulnerability? We address these questions using victimization surveys and administrative data around the 1986 U.S. immigration amnesty. The amnesty allows us to solve two major identification issues that have plagued this literature: migrants’ legal status is endogenous and unobserved. The results show that the reporting rate of undocumented immigrants is 17 percent, which limits the immigrants’ ability to protect some of their fundamental human rights. However, right after the 1986 amnesty, which disproportionately legalized individuals of Hispanic origin, crime victims of Hispanic origin show enormous improvements in reporting behavior. The implied increase in the reporting rate by amnesty applicants is close to 20 percentage points.     

Improved Area of Origin Estimation for Bloodstain Pattern Analysis Using 3D Scanning

An important component of crime scene reconstruction is bloodstain pattern analysis (BPA). Where BPA concerns impact patterns, estimating the area of origin is critical information for scene reconstruction. Traditionally, this is achieved by measuring individual bloodstains and performing trigonometric calculations; however, 3D scanning has been proposed as a viable alternative for overcoming logistical and practical concerns with the manual method. Therefore, this project aimed to establish whether the FARO Focus 3D scanner and FARO Zone 3D software can improve the accuracy of area of origin estimates relative to the manual method. We created a series of eight bloodstain impact patterns and performed paired analysis using the two methods to estimate areas of origin for each pattern. Our data suggested that FARO-derived estimates were generally more accurate than using the manual method. FARO-estimated heights of origin areas were generally closer to the true distance. Both methods underestimated the distance from the wall for most patterns originating 150mm or greater from the wall, but overestimated distances for patterns originating closer to the wall. The degree to which distances were underestimated increased significantly the further the blood source was from the wall and was greater for FARO-derived estimates. The results of this research contribute to the validation of these instruments for operational implementation for BPA and should be considered alongside the practical benefits of 3D scanning relative to manual methods. Further, 3D scanning can provide reliable BPA reconstruction documentation for technical review and court presentation.     

涉案财产处置程序的完善——以审前程序为视角的分析

近年来,中国司法同时步入扫黑除恶和企业产权保护的元年,针对审前程序中涉案财物处置乱象问题,有必要厘清与规范涉案财物处置相关的制度与程序,强化民营企业产权司法保护。应当正确界定涉案财产的概念与范围,合理把握涉案财物的处置方式和处置标准,在区分程序性处置和实体性处置的基础上,从职能、权力和程序三个方面强化审前涉案财产处置的控制体系。为了应对实践中存在的处置任意化、程序偏行政化、移送和保管混乱等问题,应以取证规范化为基础强化涉案财物的审查认定,丰富涉案财物的保全措施体系,对审前处置程序进行正当化改造,建立和完善涉案财产集中管理制度。