公安机关侦查讯问同步录音录像制度的思考

在当前刑讯等非法手段获取证据备受关注的情势下,于2013年1月1日正式施行的刑事诉讼法对同步录音录像制度予以纳入,对于规范侦查讯问程序,保障被讯问人人权,提高办案准确性,维护司法尊严,树立司法权威,无疑具有重要的意义。但规定过于笼统,可操作性低,因此有必要在借鉴我国检察机关在讯问职务犯罪嫌疑人全程同步录音录像工作经验以及英国的《警察与刑事证据法守则F》的合理规定基础上,对公安机关侦查讯问同步录音录像制度加以完善。     

Methodological challenges in doing ethnomathematical research

Abstract

Researchers in ethnomathematics are confronted by a variety of methodological questions when they carry out ethnomathematical research. These have to deal with: participants and knowledge holders; language used in research; interviews and observations; familiarity (or lack thereof) with the knowledge holders; mathematical analysis of cultural artefacts; etc. Knowledge in this field engages with indigenous knowledge systems. This article primarily deals with indigenous games which the author researched. He proceeds to explore questions which arose and to provide possible solutions. The author also reflects on and analyses other studies that have grappled with the questions and draws on the implications and insights of these studies in constructing the suggested answers. The article therefore demonstrates that ethnomathematical research contributes to the demystification of the historical false projection by colonialism that Africa and Africans were and are not culturally embedded in mathematics – especially applied mathematics.     

‘We're not like that’: Denial of racism in the Afrikaans press in South Africa

Abstract

While the South African media on the whole underwent significant shifts after the demise of apartheid, repositioning was especially acute on the part of the Afrikaans-language press, which during the apartheid years largely served as legitimising institutions for apartheid and now had to adapt to the changing democratic political and social environment. This repositioning coincided with a liberal consensus in the news media in general, in terms of which individual rights, independence of the media and freedom of speech were emphasised. What complicated matters for the Afrikaans media was the need to retain the loyalty of primarily white Afrikaans readers, who remained attractive to advertisers, while having to orientate itself in relation to the new centres of political power in the country. The precarious balance between the liberal consensus of individual rights and freedom of expression on the one hand, and the imperative to carry a torch for Afrikaans cultural identity in the new dispensation, comes to light in news coverage of a recent racist incident at a historically white, Afrikaans university. This article will seek to explore editorial comment on the incident in selected Afrikaans media, to indicate how the event was interpreted and presented as an individual transgression, rather than a systemic and historically determined problem.     

New Technology Meets an Old Teaching Challenge: Using Digital Video Recordings, Annotation Software, and Deliberate Practice Techniques to Improve Student Negotiation Skills

There is a world of difference between teaching negotiation theory, which pertains to conceptual understanding, and teaching negotiation skills, which pertain to actual behavior in real‐world situations. The principle of reflective practice is widely used for theoretical instruction. Deliberate practice, however, is a more powerful model for skills training. Cognitive scientists have discovered that subjects will learn skills best when they perform well‐defined tasks at appropriate levels of difficulty, and when they are given immediate feedback, an opportunity to correct their errors, and an opportunity to practice until the tasks become routine. To satisfy the deliberate practice conditions for large graduate‐level negotiation courses (some as large as seventy students), students were assigned to use webcams with their laptop computers to video record their negotiation exercises. Before each exercise, students were assigned to prepare for and to concentrate on performing two or three well‐defined tasks. Students reviewed these recordings and commented on their performances in a journal before uploading the videos and journals to an assigned network folder. The instructor and teaching assistants then reviewed the journals and specified portions of the videos and provided individual written feedback to the students. The instructors found that student negotiating skills have improved significantly using this new system. In comparison with earlier semesters, students also felt they were involved in a more intense and personal learning experience. A majority of students reported they intend to apply the principles of deliberate practice in their professional lives after graduation. The authors have found this method continues to challenge their ability to identify and describe the skills used by expert negotiators. As an addition to this new methodology, two of the authors have spearheaded the development of video annotation software, known as “MediaNotes,” to help students and instructors review, comment upon, and learn from video recordings of negotiations. Based on their experiences using the software to support deliberate practice, the authors expect this tool to initiate a significant advance in our ability to recognize and describe expert negotiation behavior and in students’ ability to improve their negotiating skills.     

Relational Contracts, Repeated Interaction and Contract Modification

The paper uses the theory of repeated games to model relational contracts. It demonstrates that there are cases where it is better to leave a long term contract more incomplete than it needs to be in order to secure optimal renegotiation at every point. In this particular class of contract problems, it may be optimal to allow contract modification even in cases where the buyer could have put the modified terms into the original contract.     

论公共摄像监视——以隐私权为中心

目前，在公共空间实施摄像监视已日益普遍。如何看待公共空间中摄像头“注视”之下的个人隐私权并予以相应保护，我国现有的立法尚未予以足够关注，司法上亦采取较为保守的态度。事实上，个人身处公共空间，亦有其隐私利益存在。因为隐私并不仅仅是他人头脑中关于人们自身信息的某种缺失，而更多的是，人们对于自身信息的控制。摄像头长时间地有计划地有目的地注视，不同于路人偶然无意识的一瞥，它将使人们因此而丧失对自身信息的选择暴露权和控制权，从而导致个人在公共空间的某些隐私利益的丧失。鉴于此，我们认为有必要从立法上和司法上规范公共摄像监视行为，捍卫人们在公共空间中的必要的隐私利益，维护人们在公共空间中的个性正义。     

Going fifth freedom: fighting the War on Terror in the Splinter Cell: Blacklist video game

Following an aesthetic turn, it has become increasingly permissible to utilise artefacts of popular culture in the study of political phenomena. This practice has been of an increased relevance in the period following the trauma of the September 11th terrorist attacks and the subsequent War on Terror, during which popular culture has played an important role in the provision and reproduction of accessible narratives of warfare and counterterrorism. This article argues that this is evident within military-themed video games, offering a mimetic analysis of the themes of violence, identity and space in Splinter Cell: Blacklist.     

视频监控系统在街面侵财型犯罪防控中的应用评估

从技术层面来看,利用视频监控系统的技术防范模式较传统的人力防范模式具有明显的优势.但从应用现状来看,当前视频监控系统的整体应用效果与其初衷目标尚有差距,投入与产出不相匹配,存在着布建不合理,应用低效能等问题.应在充分认识犯罪规律和监控的区域性功能定位基础上,科学合理地布建视频监控系统,采用多种方法提高对视频监控数据的运用能力,最大限度地发挥该系统在街面侵财型犯罪防控中的效能.     

论MTV的法律属性

MTV是将音乐形式与电视画面形象相结合的一种综合艺术形式。它和电影作品使用相同的摄制方法和程序,使用相同表达方式,作为唱片公司及其旗下的作词者、作曲者、导演、歌手都投入了大量的创作性劳动,因此,MTV应当属于《中华人民共和国著作权法》中规定的"以类似摄制电影的方法创作的作品,"而唱片公司应当具有类似电影作品中制品人的地位,只有这样才能有效行使著作权。