两大法系司法考试制度之比较与借鉴

统一司法考试在我国刚刚确立 ,尚存在诸多需完善之处 ,因此如何借鉴外国成功的经验对我国司法考试制度至关重要。两大法系司法考试制度各有特色 ,对其进行介绍、比较 ,是进一步完善我国司法考试制度的当务之急。     

Development of a simple and non-destructive examination for counterfeit coins using acoustic characteristics

The measurement of the sound by the shock wave and the analysis of the natural frequencies were carried out for the authentic and five kinds of counterfeit 500-yen coins for the purpose of the quick and simple discrimination. Four peaks of natural frequencies were observed in the range of 5–20 kHz for authentic coins. On the other hand, only three peaks were observed for some kinds of the counterfeit coins. Four peaks were observed for other counterfeit coins, however the peaks were slightly shifted compared to those for authentic coins. These results show that the discrimination of the counterfeit coins from authentic ones can be realized by the examination of the natural frequencies. This method is quite useful for the simple screening of authentic and counterfeit coins.     

Color separation in forensic image processing

In forensic image processing, it is often important to be able to separate a feature from an interfering background or foreground, or to demonstrate colors within an image to be different from each other. In this study, a color deconvolution algorithm that could accomplish this task is described, and it is applied to color separation problems in document and fingerprint examination. Subtle color differences (sometimes invisible to the naked eye) are found to be sufficient, which is demonstrated successfully for several cases where color differences were shown to exist, or where colors were removed from the foreground or background. The software is available for free in the form of an Adobe Photoshop-compatible plug-in.     

A simple microthermal desorption device

A new method for thermal desorption of small samples is presented. The method uses a solid phase microextraction (SPME) holder with the fiber removed. The sample-for example, an ink sample on paper-is simply placed inside the needle of the holder, where normally an SPME fiber is positioned. The thermal desorption is then performed on any kind of gas chromatograph in a manner similar to that for SPME analysis. The needle of the SPME holder penetrates the injector septum; the temperature of the thermal desorption is simply the temperature of the injector. No solvents or liquid nitrogen cooling are used. The paper sample is kept inside the holder needle during the analysis. After the analysis is completed, the sample is removed from the needle by pushing forward the steel wire inside the needle in the way normally used to perform sampling with the SPME fiber. The desorbed compounds were analyzed by gas chromatography with a flame ionization detector or by gas chromatography-mass spectrometry. The optimum temperature for desorption of ink samples on paper was 200 degrees C. The influence of the paper matrix is negligible at that temperature. Laboratories lacking the commercial device for thermal desorption can use this cheap device for the analysis of, for example, writing ink, printing ink, and inkjet ink samples on paper. Other types of samples can be investigated but the size of samples suitable for analysis is limited.     

我国《刑事诉讼法》中“预审”问题研究

预审制度在我国经历了曲折的发展历程,1997年公安部决定实行侦审合一以后,少数公安机关仍然坚持侦审分离,有些公安机关恢复或正在恢复独立的预审机构,<刑事诉讼法>正面临再次修改,应将预审制度保留,并进一步强化预审的职能.     

土地征收审批的正当程序改革

程序正当是土地征收理应遵循的原则,实践中的改革已使报批前的准备阶段包含正当程序要素,然而公告之前的征收审批是否也应遵循该原则却有争议。征收审批内部程序运作的技术性设置不能改变其具体行政行为的属性,而其在实质上还具有对土地权利变动进行裁决的功能。征收审批的行为属性和功能属性理论上均要求引入正当程序。现行征收审批是由申请机关单方主宰信息的封闭决策过程,这导致审批机关缺乏第三方信息对报批材料进行验证。提高审批实效的要求呼唤引入正当程序作为信息传导机制。审批机关可利用拟被征收人表达异议或抗辩的信息弥补无法观测到申请机关行为的局限,增强对报批材料的核实能力。     

Dating of Inkpad Seals Using the Extraction Rate Method: Preliminary Findings

Inkpad seals are often placed on important documents, and determining the date when a seal was affixed can be important to assess the authenticity of a document. In this study, three different brands of inkpads and four different types of paper were used to make diachronic samples of the seals. A double‐solvent extraction method was employed to date the inkpad seals by comparing extraction rates with inks of known age. Cyclohexane was selected as a weak solvent, and chlorobenzene was selected as a strong solvent. After testing, curves were created to show the relationship between the extraction percentage of ink and the date of the seals. The experimental results showed that the extraction rate method was applicable for the relative dating of inkpad seals in some cases where the seal was placed on the document within 6 months.     

非法证据排除程序再讨论

对于被告方提出的排除非法证据的申请,法院要进行专门的程序性裁判。作为一项基本原则,被告方一旦提出排除非法证据的申请,法院就要优先审查侦查行为的合法性问题,使程序性裁判具有优先于实体性裁判的效力。作为程序性裁判的两个重要部分,初步审查要求被告方承担初步的证明责任,具有过滤不必要的程序性裁判的功能;正式调查作为法院的程序性听证程序,具备基本的诉讼构造,偏重于职权主义的诉讼模式,并由公诉方承担证明侦查行为合法性的责任,且要达到最高的证明标准。对于一审法院就非法证据排除问题所作的决定,二审法院无法提供独立的司法救济,只能将其与实体问题一并作为是否撤销原判的依据。     

论法律硕士教育与职业资格考试衔接机制

当前我国法律硕士专业学位研究生教育难以满足法律职业发展需要。一方面,法律硕士专业学位研究生教育自身发展过程中存在弊端;另一方面,与法律职业资格考试制度缺少相互对接的制度设计。如何充分发挥法律职业资格考试制度的纽带作用,建立培育和选送优秀法律人才有效新路径,是当前亟需解决的现实问题。应根据我国法律硕士培养现状,对司法考试制度进行积极改革,在借鉴国外相关制度的基础上,构建具有中国特色的法律硕士专业学位研究生培养模式,并建立法律硕士研究生培养体制与法律职业资格考试制度相互衔接的高效机制。     

GC Analysis of Black Gel Pen Ink Stored under Different Conditions

In many criminal and civil cases in China, the most commonly questioned documents are those written with gel pen ink. An important task for forensic document examiners is to identify whether two or more ink entries in one or more documents were written with the same ink type. The identification of the age of gel ink entries made poses an important and difficult problem for forensic document examiners. In this paper, the volatile components of gel ink were determined and the gel ink was classified by gas chromatography with a flame ionization detector. Calibration curves were created to express the relationship between the content of volatile gel ink components and the age of gel ink entries stored under natural and UV‐induced aging conditions. The correspondence between the natural and UV‐induced aging conditions was also established. The experimental results showed that GC was useful in the analysis of black gel ink and applicable for determining the relative age of gel ink entries under certain conditions.