道路交通事故精神伤残评定相关问题

近年来,道路交通事故频繁发生,造成严重的人身伤害。许多颅脑损伤患者伤后常出现明显的行为或认知缺陷,创伤性脑损伤患者精神障碍的患病率明显增高,精神伤残的评定日益增多。但同时,关于精神伤残评定的争议也日益激烈。首先介绍国内外精神伤残的相关概念,然后分析道路交通事故精神伤残评定标准存在的不足和缺陷,重点分析道路交通事故中精神伤残程度的影响因素,并介绍精神伤残评定中的检查方法,最后提出解决精神伤残评定分歧的思路。     

Does business influence government regulations? New evidence from Canadian impact assessments

Regulatory impact assessments frequently embed stakeholder consultations in their design. Canada was one of the early adopters of such an approach and therefore has systematic documentation on the actors taking part in these consultations. This article asks whether these consultations have an influence on regulatory change and whether business disproportionally benefits from them. After converting the documentation into data, we find that these consultations do in fact matter: the more diversified the stakeholders taking part, the more stringent the changed regulations. But we also found that for a subset of regulatory changes, those likely to carry high economic stakes, business takes advantage of the consultation, often obtaining some reduction in regulatory stringency. These reductions, however, are conditioned on the limited presence of opposing views expressed during the consultations.     

中国改革开放30年法官素质状况变迁研究——以法官职业标准与法官职业外部评价标准为视角

中国法治建设三十年来取得了不菲成就,法官素质的发展变化从微观角度上对此做出了佐证。法官素质是指法官的审判能力或资格。"职业标准"是指法官职业本身对法官素质的认识标准。法官职业标准立基于法官职业内部视角,也可称为内在标准。"法官职业外部评价标准"是法官职业外部的人对法官素质评价标准,因其视角基于法官职业之外,也可称为外部标准。我们可以发现法官素质问题在当代中国的独特性与复杂性,同时这一问题也昭示了中国当下进行的法治建设所具有的独特性与复杂性,并预示着法治在中国的实现仍需假以时日,不会一蹴而就。     

监狱工作的考核评估与重新犯罪率的科学测算

当前监狱考核工作存在问题主要是考核未按等级分类、考核起点设定不平衡、考核指标设置不合理、重视显绩轻视潜绩。监狱考核工作应当建立符合监狱工作实际、符合社会发展要求的考核评价机制,遵循公正原则、整体原则、长效原则和自控原则。建立完善监狱工作评估考核体系,须以科学发展观为指导,深化落实"首要标准",建立健全包含监管安全稳定、刑罚执行公正、罪犯改造质量高低、民警队伍建设程度等在内的指标体系:一是依据等级设定考核方案;二是设置分类考核标准;三是制定考核量化指标;四是科学测算重新犯罪率。     

Enhancing student performance and employability through the use of authentic assessment techniques in extra and co-curricular activities (ECCAs)

The paper advocates the use of authentic assessment techniques, delivered in extra and co-curricular activities (ECCAs), to augment and improve student performance on academic law degree programmes. A combination of formative and summative methods in ECCA assessment provides the optimum environment to measure and improve the crucial critical reasoning skill – the key transferable skill to academic degree success. This skill, when developed in students, is also highly prized by prospective employers, and therefore, the use of authentic assessment improves graduate employability rates.     

Comparing the Scoring of Human Decomposition from Digital Images to Scoring Using On‐site Observations

When in forensic casework or empirical research in‐person assessment of human decomposition is not possible, the sensible substitution is color photographic images. To date, no research has confirmed the utility of color photographic images as a proxy for in situ observation of the level of decomposition. Sixteen observers scored photographs of 13 human cadavers in varying decomposition stages (PMI 2–186 days) using the Total Body Score system (total n = 929 observations). The on‐site TBS was compared with recorded observations from digital color images using a paired samples t‐test. The average difference between on‐site and photographic observations was ?0.20 (t = ?1.679, df = 928, p = 0.094). Individually, only two observers, both students with <1 year of experience, demonstrated TBS statistically significantly different than the on‐site value, suggesting that with experience, observations of human decomposition based on digital images can be substituted for assessments based on observation of the corpse in situ , when necessary.     

The provenance of émigrés: the validity of measuring knowledge of places

Establishing the origin of those seeking asylum is essential but difficult as asylum seekers often cannot corroborate their origin claim with documents. The aim of the present study was to assess whether asking knowledge questions, sketch questions and impossible questions are valid methods to determine the veracity of an origin claim. Participants (N?=?105) from Tilburg (truth-tellers), Maastricht (partial liars) and Gothenburg (full liars) were asked to convince an interviewer that they originated from Tilburg. Half of them prepared and half of them did not prepare themselves for the interview. They were asked 10 knowledge questions typically asked to assess the credibility of origin claims, 4 impossible questions and 1 sketch question. Participants from Tilburg answered more questions correctly than participants from Maastricht and Gothenburg. Performance also improved with preparation. Even though the results did provide some support for the validity of assessing claims about origin by asking knowledge questions, the differences between the groups were modest, and it was impossible to correctly identify all truth-tellers and liars. Changing the output modality from verbal answering to sketching contributed to the credibility assessment of origin claims, whereas impossible questions were not discriminatory.     

Risk factors for stalking violence,persistence, and recurrence

This study used a retrospective design to investigate risk factors associated with violence during a stalking episode, persistence (increased duration of stalking) and recurrence (multiple subsequent separate stalking episodes) in 157 people (91% male, mean age 35 years) with an established history of stalking behaviour. Results showed that diverse risk factors are associated with different types of stalking outcomes. Consistent with previous research, stalking violence was more likely to occur when the victim was an ex-intimate, when explicit threats had been made and where there had been previous property damage (AUC = .74). Personality disorder, older age, criminal versatility, a prior acquaintanceship and erotomanic delusions (AUC = .75) predicted stalking recurrence. Finally, previous acquaintanceship, the presence of delusional beliefs and the absence of a history of physical or sexual violence were associated with stalking persistence. These results clearly show that effective assessment and management of stalking requires consideration of different stalking outcomes and the diversity of associated risk factors.     

Shooting Alone: The Pre‐Attack Experiences and Behaviors of U.S. Solo Mass Murderers

This paper outlines the sociodemographic, developmental, antecedent attack, attack preparation, and commission properties of 115 mass murderers between 1990 and 2014. The results indicate that mass murderer attacks are usually the culmination of a complex mix of personal, political, and social drivers that crystalize at the same time to drive the individual down the path of violent action. We specifically focus upon areas related to prior criminal engagement, leakage, and attack location familiarity. Whether the violence comes to fruition is usually a combination of the availability and vulnerability of suitable targets that suit the heady mix of personal and political grievances and the individual's capability to engage in an attack from both a psychological and technical capability standpoint. Many individual cases share a mixture of unfortunate personal life circumstances coupled with an intensification of beliefs/grievances that later developed into the idea to engage in violence.     

Assessing the Risk of Domestic Violence Reoffending: A Validation Study

Little research has been conducted to validate available instruments for assessing the risk of domestic violence reoffending, especially research using some form of prospective design. This study uses a prospective design to determine the reliability and validity of the Domestic Violence Screening Instrument (DVSI). The analysis is based on a sample of 1,465 male domestic violence offenders selected consecutively over a 9-month period. Data on reoffending were collected in a 6-month follow-up period from a subsample of the victims (N = 125) of these perpetrators and from official records for all perpetrators during an 18-month follow-up period. The empirical results suggest that the DVSI was administered reliably, and they provide significant evidence of the concurrent, discriminant, and predictive validity of this instrument. Implications for further research and utilization of the DVSI are discussed.