论刑事诉讼中的同案犯证言

在刑事诉讼活动中,提供证言的同案犯具有特殊地位。在刑事侦查工作中,同案犯证言发挥了十分关键的作用,也引发了一系列证据法和程序法问题。同案犯证言具有潜在的不可靠性,可通过健全证据开示制度及法官审查制度等措施保证该证据的正确适用。     

补强证据规则--兼论口供的证据价值

补强证据规则是对诉讼过程中的采证、认证经验的总结,其在程序上对证据的证明力予以直接限制,体现了对法官认证的自由裁量权的规范和控制。我国目前还没有确立补强证据规则,理论上也缺乏对补强证据规则的系统研究。但司法实践中会经常运用到补强证据及其规则。     

电子证据带给行政执法工作的挑战与对策

电子证据作为一种崭新的证据种类已经在执法实践中发挥了比较大的作用。但由于现行法律还没有对电子证据给予明确的规定,因此,有关电子证据的概念问题、其法律地位的界定问题、其法律价值的评价问题等应是电子证据研究的首要问题。此外,研究电子证据可以对具体的行政执法工作提供有益的帮助。     

台湾地区民事证据保全制度改革及其借鉴意义

为了彻底改造所移植外国法,更新传统诉讼观念,解决诉讼拖延、效率低下和诉讼成本高昂问题,我国台湾地区于20世纪末、21世纪初就证据保全制度从立法理念到具体内容进行了重大变革。新证据保全制度所蕴含的保障程序主体权、扩大诉讼解决纠纷能力、疏减讼源及预防纠纷发生的理念,以及为贯彻该等理念在设置具体制度时,扩大证据保全范围、规定并引导当事人于证据保全程序中达成协议和严格证据保全的程序保障的做法,对大陆证据保全制度的改革具有借鉴作用。     

基于38-plex InDels的青海地区三个族群遗传推断

目的 基于38-plex InDels族群推断体系研究青海地区汉族、回族及撒拉族的族群成分与遗传结构.方法 使用38-plex InDels复合扩增体系检测3个族群的220份样本并获取InDels位点分型,利用主成分分析、STRUCTURE聚类分析及系统发育树综合分析族群之间的遗传关系,使用族群推断软件DAA v1.0...     

Does the Feldstein–Horioka puzzle exist among South Asian countries? A regime‐switching approach

A plethora of literature has been undertaken to study the validity of the Feldstein–Horioka (FH) puzzle. However, divergent views continue to persist in the FH puzzle literature. This study explores the empirical validity of the FH puzzle in the case of South Asian countries using annual data from 1960 to 2017. Both panel data approach and Markov‐switching regression approach are used to empirically analyze the FH puzzle. The results of the cointegration test confirm the long‐run relationships between saving and investment in the selected South Asian countries. The results of Markov‐switching regression confirm that the saving‐retention coefficient has shifted from high to low values and also from low to high values. Thus, the FH puzzle exists for a particular time period and mostly depends on the regime shifts in the South Asian countries. The results of panel fully modified ordinary least squares (FMOLS) and dynamic ordinary least squares (DOLS) methods also confirm that FH puzzle holds for the South Asian countries. Therefore, the study suggests that any saving promotion policies are desirable for enhancing investment among the South Asian regions.     

Exploring the Effects of North–South and South–South Research Collaboration in Emerging Economies,the Colombian Case

International research collaboration (IRC) is associated with both positive and negative effects on the performance of research in emerging economies. While some authors claim that North–South collaborations improve scientific quality and visibility for Southern countries, others claim that it may entail the reorientation of research to comply with Northern agendas. South–South collaborations are thought to increase the focus on local affairs, therefore leading to a relatively small number of scientific international publications appearing in “high quality” journals. Research on the impact of IRC beyond publications in international journals has been neglected despite the importance of other products in knowledge creation. This research uses a broad range of scientific outputs to empirically assess such assumptions and explore the outcomes of IRC in Colombia. Results from multivariate regressions and nonparametric analyses show that, contrary to common assumptions, Colombian research teams collaborating with partners from the global South report higher scientific production, while those collaborating with Northern countries seem to contribute to local knowledge the most.     

Linking democratic anchorage and regulatory authority: The case of internet regulators

Scholars and practitioners have repeatedly questioned the democraticness and the authority of transnational multi‐stakeholder organizations, especially those that regulate the internet. To contribute to this discussion, we studied the “democratic anchorages” and the regulatory authority of 23 internet regulators. In particular, we conducted a fuzzy‐set qualitative comparative analysis assessing whether and which anchorages correspond to necessary and/or sufficient conditions for exerting regulatory authority. Our results show that strong anchorage in democratic procedures is specifically relevant for this outcome. Further, we find that weak anchorage in democratically elected politicians leads to high regulatory authority, confirming the significance of non‐state actors in this policy field. More generally, our findings support but also qualify expectations about the compatibility and mutual reinforcement of democratic quality and regulatory authority at the transnational level.     

Risks and Realities of Working with Alienated Children

Involvement in custody cases that include accusations of parental alienation—whether as an evaluator, expert witness, lawyer, judge, therapist, provider of a specialized intervention, or researcher—incurs both professional and personal risks. Some risks relate to false negative or false positive identifications of parental alienation that can lead to regulatory agency complaints and public condemnation by the parent who feels wronged by the case outcome. Other risks stem from providing services in an emerging area of practice and working with children who overtly oppose repairing the relationship with their rejected parent. These risks include: unfounded accusations of mistreating children; negatively biased commentary and sensationalist attacks in the media and in social media, professional conferences and journals, and in courtroom testimony; harassment, vilification, and invasion of privacy; threats of violence and public humiliation; shunning and rumor spreading by colleagues; and complaints to regulatory agencies. This article examines circumstances, beliefs, and dynamics that give rise to these risks, suggests precautions to reduce the risk of false accusations against professionals, and offers recommendations for dealing with regulatory agencies. Criticisms that a court or service provider has mistreated a child merit careful scrutiny in the context of the case evidence and empirical data. While some interventions for alienated children raise legitimate concerns, others have been maligned by anecdotal complaints that studies show do not represent the experience of most participants.