科尔曼的理性选择理论

科尔曼的社会学理性选择理论以宏观社会系统作为研究目标,以微观的个体作为研究起点,以方法论的个体论为特征,以合理性说明有目的的行为,强调个体的理性行为,将个人选择的微观互动与宏观市场模式的社会结构相结合．提出了社会理论研究与发展的新方向。从而弥补了过去社会学理论研究中微观面向与宏观面向相脱离的不足。     

经济法学的基本假设

法学研究之深入 ,端赖于范式转换 ,经济法学研究更是如此。以往之法学研究 ,较为偏重权利 -义务结构分析 ,这固然重要 ,但已显不足。本文基于对“复杂性问题”进行多维审视的需要 ,运用法与经济学的理论对经济法研究的几个基本假设进行了探讨。     

传闻证据规则，抑或直接言词原则？——民事诉讼书面证言处理的路径选择

传闻证据规则是以证据资格为核心的规范体系，直接言词原则是以审理行为为核心的准则要求，不是相互衔接包容的同一路径。由于传闻证据规则与我国民事诉讼程序理论与实践缺乏契合性，即使引入传闻证据规则的规范内容，也不能改变我国以诉讼行为要求为证据运用基本内容的制度特色。在书面证言问题的处理上，只能基于大陆法系的传统采用直接言词原则，在该原则的指导下形成一整套原则和例外的具体制度体系。     

Providing eyewitnesses with initial retrieval support: what works at immediate and subsequent recall?

The effect of retrieval support on eyewitness recall was investigated in two experiments. Based on the outshining hypothesis, Experiment 1 tested whether retrieval support enhances witness performance (compared to free recall) especially when witnessing conditions are suboptimal (e.g., because witnesses were distracted during the crime). Eighty-eight participants watched a videotaped crime with either full or divided attention and subsequently received retrieval support with the Self-Administered Interview© (SAI) or completed a free recall (FR). One week later (Time 2 – T2) all participants completed a second FR. Unexpectedly, retrieval support did not lead to better memory performance than FR under divided attention conditions, suggesting that retrieval support is not effective to overcome adverse effects of divided attention. Moreover, presence of retrieval support at Time 1 (T1) had no effect on memory performance at T2. Experiment 2 (N = 81) tested the hypothesis that these T2-results were due to a reporting issue undermining the memory-preserving effect of T1-retrieval support by manipulating retrieval support (SAI vs. FR) at T1 and T2. As expected, T1-retrieval support led to increased accuracy at T2. Thus, the beneficial value of T1-retrieval support seems greatest with high-quality T2-interviews. Interviewers should consider this when planning a subsequent interview.     

The quality of written expert testimony in alleged child sexual abuse: An empirical study

Abstract

The purpose of this study was to empirically evaluate written expert testimonies in cases of suspected child sexual abuse in Sweden. A total of 121 expert testimonies were rated with an instrument developed for the study, the SQX-12 (Gumpert et al., 2001) which is a 12-item checklist aimed to reflect consensus-established concepts of quality. Reports from different professional groups were compared, as were reports produced before and after the 1991 publication of national guidelines. The results suggested that the reports produced by professionals using statement analysis generally were of higher quality than reports written by professionals from child- and adolescent psychiatry. There was a slight increase in report quality, as measured by the SQX total score, over the studied years. However, it is concluded that the overall quality of written expert testimony on child credibility still does not reach the recommended level in Sweden.     

What judges know about eyewitness testimony: A comparison of Norwegian and US judges

Abstract

We surveyed 157 Norwegian judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Norwegian judges were somewhat more knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony. The Norwegian judges, like the US judges, frequently differed from eyewitness experts in their responses to such important issues as whether eyewitness confidence is related to identification accuracy at trial and what is the best method for conducting identification procedures. As was true for the US judges, more knowledgeable Norwegian judges had many of the beliefs that may be necessary for reducing and mitigating the effects of eyewitness error. The results suggest that increasing judges’ knowledge of eyewitness testimony may be an important component of the solution to eyewitness error.     

城市化进程中完善侦防工作的设想

我国的侦防工作经过了几十年的历程 ,形成了一套有中国特色的侦防模式。但是 ,面对 2 1世纪城市化进程速度的加快 ,我国的侦防机制仍存在不少的问题。侦防工作的发展在哪些方面以及怎样实现合理化 ,应该通过超前性、可行性的研究 ,提出科学、明确的设想和规划 ,为侦防模式能与城市化进程同步发展提供理论基础和总体方向     

论拒不支付劳动报酬罪

拒不支付劳动报酬罪实施以来,入罪案件屈指可数,论文从阐述构成要件入手,分析本罪入罪难的原因并提出完善建议。     

拒不支付劳动报酬罪的立法解读及司法适用

拒不支付劳动报酬罪作为《刑法修正案（八）》的新增罪名,将对抑止恶意欠薪行为、稳定社会公共秩序起到重要作用。然而,本罪作为一项新罪名,在司法适用过程中需要就劳动报酬、主体范围、客观行为、法律责任等问题的认定进行探讨研究,从而为司法实践提供指导参考。     

证人消极作证的动机分析及消解对策

在我国刑事诉讼中,证人不愿作证、作伪证和推翻前证等消极作证行为较为普遍,成为困扰司法工作的一大难题。解决证人消极作证问题的可行对策:(一)建立和完善证人保护制度;(二)建立证人作证制度;(三)赋予证人免证权或者是作证豁免权;(四)提高侦查人员的询问水平;(五)开展社会教育。