商品房售后保修义务的立法完善——创“和谐社会”之要举

我国房地产市场正走向成熟,但目前商品房售后保修义务中“质量问题”的举证责任分配法律尚未明确规定,再加上其他诸因素,使现实生活中开发商运用推委、拖延战术将保修责任及成本非法转借给“相对弱势业主群体”的案件大量出现。文中分析了该现象的本质、后果、成因及目前可行而又不足的保护途径;运用传统法理学与新兴法经济学方法,对立法完善的必要性、可行性进行了探讨,并提出了相应立法建议;最后指出该立法完善对创“和谐社会”、建“诚信中国”的重要意义。     

Other people's memory

Abstract

How optimistic are people's evaluations of their own memory as compared to that of most others? To find out, we asked 563 Sa. to compere their own memory for events, faces and names to that of others. The results show that many, and especially young respondents, tend to be illusory optimistic about the power of their memory for events and faces, but not for names. The implications of this result for evaluating eyewitness reports by tries of fact in legal cases are discussed.     

Recognition of previous eyewitness testimony from an altered interrogation protocol: Potential effects of distortions

Abstract

The effect of protocol presentation on witnesses’ tendency to point out errors in a transcribed version of their verbal testimony was examined in two experiments. Participants were shown a film depicting a robbery and were subsequently questioned. In the process of typing out the testimony, there were six distortions entered into the protocol. When participants were asked to check the content for approval, they either listened to the experimenter reading the protocol out aloud, or read it on their own. The results showed that witnesses who had listened to the content being read to them pointed out significantly fewer distortions, and suggest that protocol presentation may have important implications for the justice system.     

The prevalence of co-witnesses and co-witness discussions in real eyewitnesses

Abstract

Several laboratory studies have shown that eyewitness discussions can negatively affect memory recall. The current study looked at the prevalence of multiple witnesses using real witnesses at a UK identification suite. We investigated the frequency of co-witness discussion, what the co-witnesses tended to discuss and whether there was an association between this information, and the outcome of the identification. Sixty witnesses at the Force Identification Unit in Brighton (UK) filled out a questionnaire following the identification procedure. Co-witnesses were reported by 88% of the sample, with the average number of co-witnesses being 4.02 (SD=6.52). In addition, 58% of the multiple witnesses had discussed the criminal event with at least one co-witness. The most common areas of discussion were ‘general crime details’ (52%) and ‘suspect details’ (39%). The implications of these findings are discussed.     

The Self-Administered Interview: a means of improving children's eyewitness performance?

Abstract

In order to obtain the most informative and correct statements, witnesses should be heard as soon as possible after the incident. However, this is not always possible. This experimental study investigated whether completing a Self-Administered Interview form (SAI) immediately after a critical event could enhance children's witness performance at a later stage. Children (N = 194, age 11–12) reported their memory of an event in a structured SAI, an open SAI, or did not report their memory (control). Two weeks later, the children were interviewed about the event. Before the interview, half of the children were subjected to social influence from a co-witness. Children's free recall of the event was enhanced by the SAI. More precisely, children in the SAI-Structured condition reported more details about the event than children in the SAI-Open condition and the control condition, without a loss of accuracy. The SAI manipulation did not, however, reduce children's vulnerability to social influence. The results suggest that the use of a SAI might prove a simple and yet effective way of increasing the quality of statements from child witnesses in some situations.     

Age trends in eye-witness suggestibility and compliance

Abstract

This paper addresses two issues: whether there is a developmental trend in suggestibility to misleading post-event information, and whether suggestibility can be reduced by use of part of the cognitive interview. Twenty participants from each of three age groups (four-to-five year olds, eight-to-nine year olds and adults) watched a filmed event, and half of the participants in each age group were subsequently asked to recall everything they had seen using a method derived from the cognitive interview procedure. Following this, all participants were asked questions about the filmed event, some of which incorporated misleading information. Twenty four hours later the witnesses were interviewed again, this time critical questions were included about the truth of the presuppositions introduced in the initial questionnaire. It was found that although the eight-to-nine year olds were more suggestible than adults, the apparent greater suggestibility of very young children (four-to-five years) could potentially be explained in terms of heightened compliance to the perceived demands of the interviewer. The 'be complete' part of the cognitive interview only produced an improvement in performance for the eight-to-nine year olds.     

Memory conformity and suggestibility

Abstract

The present study examined whether the degree to which participants engage in memory conformity, which occurs when a person alters their memory report of an event to be consistent with another person, can be predicted by their levels of interrogative suggestibility (IS), which is the degree to which people are susceptible to altering their memory reports during questioning. Memory conformity was introduced by having participant and confederate pairs study words and then complete a social recognition test where they took turns to make judgements to the same items. When the participants responded after the confederate, they tended to conform to confederate's judgements regardless of whether the confederate had made a correct or incorrect response. IS was measured using the Gudjonsson Suggestibility Scale 2. This scale allows separate measures of Yield, which is a measure of how susceptible people are to altering their memory reports of events as a result of leading questions, and Shift, which is a measure of how susceptible people are to changing responses to questions when placed under pressure to do so. Only Yield was a significant predictor of memory conformity.     

Young children's responses to cross-examination style questioning: the effects of delay and subsequent questioning

In a single experiment with 5- and 6-year-old children, we examined whether the changes that children make in response to cross-examination style questioning vary as a function of delay and/or persist in subsequent interviews. Children visited the local police station; 1–3 days later they were interviewed in a direct examination format. Either 1–3 days or 8 months later, children were interviewed in a cross-examination format designed to persuade them to change their original responses. One week following the cross-examination interview, the direct examination questions were repeated. Relative to direct examination scores, the accuracy of children's reports decreased significantly during cross-examination, irrespective of delay. When children were interviewed again 1 week after cross-examination, however, their responses (and their accuracy levels) were very similar to those observed during the direct examination interview. That is, during cross-examination, children made changes to their earlier testimony even when their memory for the event remained intact.