Coordination of Legal Systems by the Recognition of Foreign Judgments — Rethinking Reciprocity in Sino-Japanese Relationships

In the era of globalization, commercial transactions readily gain international dimensions and are increasingly delocalized. With a view to establishing effective dispute resolution mechanisms, it is desirable that judgments rendered in one state be recognized and enforced in other states. This is especially important in East Asia, as cross-border business activities are rapidly expanding along with its economic growth. This paper aims to examine the recognition and enforcement of judgments in civil and commercial matters in East Asia with a focus on Sino–Japanese relationships, where the establishment of a reciprocal relationship has posed a considerable challenge. It is worth considering how we can gradually pave the way towards the mutual recognition and enforcement of judgments to achieve coordination among legal systems.     

A method for calculating the strength of evidence associated with an earwitness's claimed recognition of a familiar speaker

The present paper proposes and demonstrates a method for assessing strength of evidence when an earwitness claims to recognize the voice of a speaker who is familiar to them. The method calculates a Bayes factor that answers the question: What is the probability that the earwitness would claim to recognize the offender as the suspect if the offender was the suspect versus what is the probability that the earwitness would claim to recognize the offender as the suspect if the offender was not the suspect but some other speaker from the relevant population? By “claim” we mean a claim made by a cooperative earwitness not a claim made by an earwitness who is intentionally deceptive. Relevant data are derived from naïve listeners' responses to recordings of familiar speakers presented in a speaker lineup. The method is demonstrated under recording conditions that broadly reflect those of a real case.     

Drug Recognition Evaluation and Chemical Confirmation of a 25C‐NBOMe‐Impaired Driver

This case report details an individual arrested for drug‐impaired driving after leaving the scene of multiple motor vehicle collisions and evading police. The driver was examined by a drug recognition expert and failed the drug recognition evaluation. The driver admitted to using cocaine, marijuana, an antidepressant medication and “N‐bomb,” a novel psychoactive substance that possesses hallucinogenic properties. Toxicological analyses at the Centre of Forensic Sciences’ Toronto laboratory revealed only the substance 2‐[4‐chloro‐2,5‐dimethoxyphenyl]‐N‐[(2‐methoxyphenyl)methyl]ethanamine (25C‐NBOMe) in the accused's urine. This is the first report in which 25C‐NBOMe was identified through DRE and toxicological analyses in a drug‐impaired driver.     

The Reliability of Facial Recognition of Deceased Persons on Photographs

In humanitarian emergencies, such as the current deceased migrants in the Mediterranean, antemortem documentation needed for identification may be limited. The use of visual identification has been previously reported in cases of mass disasters such as Thai tsunami. This pilot study explores the ability of observers to match unfamiliar faces of living and dead persons and whether facial morphology can be used for identification. A questionnaire was given to 41 students and five professionals in the field of forensic identification with the task to choose whether a facial photograph corresponds to one of the five photographs in a lineup and to identify the most useful features used for recognition. Although the overall recognition score did not significantly differ between professionals and students, the median scores of 78.1% and 80.0%, respectively, were too low to consider this method as a reliable identification method and thus needs to be supported by other means.     

Can training improve eyewitness identification? The effect of internal feature focus on memory for faces

Evidence suggests that individuals rely on external features such as hair and face shape when processing and recognising unfamiliar faces. This is problematic in a forensic setting because hairstyle can be changed easily. In two studies we examined whether training individuals to focus more on the stable, internal features of the face (e.g. eyes, nose and mouth) and hence less on the changeable external features would improve identification accuracy. In Study 1, participants were instructed to focus on: (1) internal features, (2) external features, or (3) both internal and external features. Participants’ eye movements were monitored while they studied target faces, which they later tried to identify from an array that included the target with a changed appearance. In Study 2, participants were instructed to focus on: (1) internal features, (2) external features, or (3) given no instructions. Participants were required to identify target faces from line-ups, where they were presented either unchanged or with an altered hairstyle. Results suggested that training individuals to attend to internal features of unfamiliar faces may improve identification accuracy in the common situation where external features have changed between presentation and identification. However, internal feature focus may decrease identification accuracy when external features are unchanged.     

加拿大承认与执行外国法院判决制度初探

外国法院判决的承认与执行是国际私法所调整的重要内容 ,英美法系国家将其视为国际私法应解决的三大问题之一。加拿大承认与执行外国法院判决的制度中吸收了英美等国的一些基本原则 ,但也逐渐发展出其自身的特点 ,尤其在近年来 ,加拿大法院逐渐放松了对外国判决承认与执行的限制 ,使外国判决较易在加拿大得到承认与执行。本文即结合加拿大承认与执行制度在实践中的发展趋势 ,阐述其承认与执行外国法院判决的一般要求和主要抗辩。     

书面言语识别在案件侦破中的运用

本文结合实际案例,阐释了运用书面言语识别技术刻画书写人的方法,并总结了运用书面言语识别技术在侦破工作中的应用体会。     

视频分享网站能否安全驶入“避风港”——“避风港”条款在其责任认定中的适用

在诉讼中视频分享网站往往寻求＂避风港＂条款的庇护。但在最近审结的案件中,视频分享网站大多败诉,表明在实践中法院适用该条款的尺度比较严苛,倾向于让服务商在保护版权人权利上承担过重的责任。如何正确适用＂避风港＂条款成为视频分享网站能否健康发展的重要问题。     

(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd

Corporate groups, a ubiquitous feature of modern business, pose formidable challenges for common law courts relying on traditional corporate law doctrine. Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. Despite finding that the defendant had breached his duties to the ultimate holding company, the Singapore Court of Appeal absolved the faithless director from most of his liabilities, relying on limited domestic precedent to the exclusion of a rich body of Commonwealth jurisprudence – including the House of Lords’ landmark Johnson v Gore Wood decision. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine.     

应用枕骨大孔面积判定性别的研究进展

性别是个体识别的主要生物学指标之一,是法医学鉴定不明骨骼残骸的重要初始步骤。枕骨大孔因其解剖学位置的隐匿性、形态学的稳定性、性别与种族的差异性成为法医学性别判定的研究热点,其中枕骨大孔面积是枕骨大孔区域中进行性别判定准确率较高的指标之一。本文以枕骨大孔面积为主要研究对象,就国外学者通过干颅骨样本、CT影像、CBCT影像测量枕骨大孔面积判定性别的方法进行总结,对国内应用枕骨大孔面积进行性别判定研究提供参考。