寻衅滋事罪对散布“虚假信息”行为的规制

《关于办理利用信息网络实施诽谤等刑事案件适用法律若干问题的解释》将网络虚假言论纳入寻衅滋事罪进行规制颇受争议。具体而言,对寻衅滋事罪的信任感、信息网络化时代罪刑法定原则的理解,以及对言论自由的认识上的差异构成了寻衅滋事罪认定的观念障碍,在运用本解释的过程中,对"虚假信息"、"公共场所"的理解则存在较大的分歧。事实上,寻衅滋事罪自身的明确性,罪刑法定原则在网络时代的自我救赎,以及对言论相对自由的坚持,能够消除解释适用中的观念障碍。基于"信息差"的客观性,强调"虚假信息"中言论本身的恶性;回溯公共场所的社会功能,承认网络空间的公共性亦能消除其中的技术障碍。     

犯罪现场伪装的形式与对策研究

伪装犯罪现场具有较强的迷惑性,一定程度上掩盖了犯罪行为事实在现场上的表现,给现场勘查工作造成了困难.根据伪装现场的特点分析犯罪现场的种种伪装形式,以期从辩证法的角度提出现场勘查过程中应采用的勘查对策.     

虚假发展与真实发展——发展价值的伦理检视

发展伦理承担着从伦理价值的角度审视社会发展轨迹的使命.从发展伦理的视角,对发展轨迹作虚假发展和真实发展的界定,是对社会发展过程的反思与批判,是对发展价值的清理与排序.虚假发展与真实发展是发展伦理研究的两个维度,对发展伦理的学科构建提供了有益的理论支撑.     

公司身份法的规则及实践——兼谈“假外国公司”的法律防范

确立公司身份法的主要学说有主要为欧洲大陆国家所采用的设立说和主要为英美法系国家所采用的住所说。鉴于两大学说各有其优点和缺点,目前要从国际公司法上统一公司身份法是不现实的。为防止公司立法的恶性竞争,抑制假外国公司现象,我国应在保留公司注册登记地标准的前提下,兼采住所地标准。     

False‐Positive Results with Amylase Testing of Citrus Fruits

In a case of robbery in which the criminals passed through the garden adorned with calamondin trees (Citrus madurensis), the investigators found in the grass six calamondin fruits, some undamaged, while others apparently bitten. The fruits were collected and sent to the laboratory for DNA analysis to verify the presence of saliva and robbers' DNA profile. A specific immunochromatographic strip test for saliva confirmed the presence of human salivary α‐amylase, but similar positive results were also observed for intact calamondin and other citrus fruits. Further analysis with a specific automated amylase test confirmed the absence of amylase activity. DNA quantification and typing using a specific forensic kit revealed no human DNA presence in any fruits. This case report demonstrates for the first time the occurrence of false positives when human saliva is sought on citrus fruits.     

论诚信建设与司法鉴定保障机制

失信行为进入司法程序往往形成虚假证据、虚假陈述和虚假诉讼,对于该类失信行为的鉴别和证伪需要依赖物证鉴定、心理测试等多种司法鉴定的科学方法和手段。所以,司法鉴定工作对于诚信建设而言,是通过科学和可靠的方法揭示和惩罚不诚信行为,进而保障和促进诚信建设的积极因素。实践中应当以司法鉴定制度中鉴定公示与意见开示、规范诉前鉴定、维护鉴定活动的诚信、科学手段的更新和方法规制等方式来促进和保障诚信建设。     

民事虚假诉讼的防范和查处机 制简

虚假诉讼作为民事诉讼的“畸形”产物有愈演愈烈之势,直接表现是利用诉讼手段侵害国家、集体、公民的合法权益,严重干扰正常的司法工作,破坏司法秩序。构建完善的民事虚假诉讼查处机制,包括线索发现机制、协作配合机制、线索移送机制和办案协作机制,并运用民事、行政、刑事手段进行不同处断,以维护司法权威、保障公民合法权益。     

Effect of photoarray exposure duration on eyewitness identification accuracy and processing strategy

In this study all offenders admitted to Icelandic prisons over a one year period were approached and 229 (95%) agreed to co-operate with the study. Twenty-seven (12%) of the 229 subjects claimed to have in the past made a false confession during police interviewing. Women prisoners more commonly claimed to have made a false confession than males. The main motives given for having made the false confession were to protect somebody else (48%) and police pressure or escape from custody (52%). The great majority (78%) of the subjects had never retracted the confession, claiming that they had perceived no point in dong so. Twenty-one (78%) of the subjects were convicted of the offenses to which they had, allegedly, made a false confession. The findings in the present study raise the possibility that within an inquisitorial system false confessions may go relatively undetected by the judiciary and be rarely retracted or disputed.     

Jurors’ reactions to recanted confessions: Do the defendant's personal and dispositional characteristics play a role?

Abstract

Confession evidence presented at trial is extremely damaging to the defense. This study examines the impact of a recanted confession on jurors’ perceptions of a murder case in which the defendant claimed to have falsely confessed due either to an underlying medical condition, a psychological disorder, or the general stress of the interrogation. Also included were an inadmissible confession condition and a no-confession control condition. Results showed that the impact of the confession was mediated in part by the circumstances surrounding it. Although probability-of-commission estimates were as high in all of the conditions involving a confession, conviction rates were marginally higher when the disputed confession involved mental illness or interrogation-induced stress than when there was no confession, yet did not differ when the disputed confession involved a medical disorder or there was no confession. These findings show that not all recanted confessions are treated equally and that people selectively discount confessions depending on biases and beliefs they hold.     

True and false intentions: asking about the past to detect lies about the future

This study is on how to discriminate between true and false intentions, an emerging area within psycholegal research. We argue that asking about the past (the planning phase) might be a promising way to detect lies about the future (intentions). That is, participants who had developed false intentions to mask their criminal intentions were assumed to provide equally long and detailed answers to questions about intentions, compared to participants who told the truth about their intentions. In contrast, we predicted that lying participants would be worse at answering questions about the planning of their stated (false) intentions, compared to participants telling the truth about the planning of their stated (true) intentions. To test our assumptions, we used a newly devised experimental set-up accommodating the main characteristics of intent. Both lying and truth-telling suspects perceived the questions on planning as more unanticipated, and more difficult to answer, compared to the questions about their intentions (future actions). Furthermore, in support of our predictions we found that the truth-telling (vs. lying) suspects' answers to questions on planning were longer and perceived as more detailed and clear, whereas liars' and truth-tellers' answers to questions on intentions were equally long and perceived as equally detailed.