论加密技术对电子邮件证据力的影响

司法实践中电子邮件加密方法主要有对称密钥加密与非对称密钥加密两类,结合数字认证、数字签名等辅助加密技术,可以相应提高加密级别,增加电子邮件安全性。一般而言,加密电子邮件可靠性要高于非加密电子邮件,加密电子邮件证据能力受解密程序影响。电子邮件证据证明力受加密方法、行为人对电子邮件控制程度等因素影响。电子邮件证据证明力随加密级别的提高而提高。     

Observational Case Series: An Algorithm Incorporating Multidetector Computed Tomography in the Medicolegal Investigation of Human Remains after a Natural Disaster

An algorithm incorporating multidetector computed tomography (MDCT), digital radiographs, and external examination was used to triage cases for noninvasive or complete autopsy after a natural disaster. The algorithm was applied to 27 individuals who died during or soon after the earthquake that struck the Republic of Haiti on January 12, 2010. Of the 27 cases reviewed, 7 (26%) required a complete autopsy to determine cause and manner of death. In the remaining 20 (74%), cause and manner of death were determined with a reasonable degree of medical certainty after review of circumstances, an external examination, and postmortem imaging by MDCT and digital radiography (noninvasive autopsy). MDCT was particularly useful in detecting skeletal fractures caused by blunt force injury which were not evident on digital radiographs. The algorithm incorporating postmortem MDCT can be useful in the triage of human remains for autopsy after a natural disaster.     

Digital humanities and the history of working women: a cascade

In this introduction to the special issue on ‘Women's work in changing labour markets’, we argue that a combination of digital advances, notably the digitization of individual- and contextual-level data, the creation of internationally comparable occupation-based classifications, and the development of statistical models allowing for contextually informed analysis, has brought us to the brink of new developments in the field of women's work. Census and vital registration data contain more information on occupations of women than previously thought, and when used in combination with other digitized sources they allow one to assess the possible under-registration of women's work, as illustrated by some of the contributions to this special issue. Other contributions show how standardizing occupation-based classifications allows for temporal and regional comparisons of women's work and makes it feasible to study how community or regional characteristics influence that work. None of these developments – large-scale digitization of individual-level data, standardization of occupational titles and measures of stratification, and contextually informed analyses – is completely new; in some cases they are actually rooted in a venerable research tradition. However, in combination they might well constitute a cascade in the history of working women.     

Oversight Effectiveness and Political Will: Some Lessons from West Africa

The purpose of the present note is to advance two theoretical claims. The first claim proposed is that the impact of the availability of oversight tools and of the most broadly understood legislative capacity (availability of material, technical, financial resources; availability of well-trained staff) on the effectiveness with which legislative oversight is performed is conditional. The second claim put forward, after reviewing a rich body of work on executive–legislative relations and legislative oversight in West Africa, is that, of the various conditions that promote or prevent the effective use of oversight tools and capacity, political will is the single most important. These claims have both theoretical and practical relevance, for if political will is as important as is claimed for the effective performance of the oversight function, then international organisations may have to reconsider their approach to legislative strengthening.     

论医疗事故技术鉴定意见的证明力及存在的问题

符合法律规范的医疗事故技术鉴定意见在行政处理医疗纠纷上具有证明力,可以从鉴定人资格和条件、鉴定程序和方法等方面予以印证。但当其作为诉讼中的法定证据鉴定意见使用时,其证据力方面还存在一定问题,尤其与新修订的《民事诉讼法》存在不一致,应予完善,以提高其证据力。     

我国诉讼中证人证言证明力探析

证人证言证明力是证人证言对案件起证明作用的关键,就我国诉讼理论和实际而言,由于证人作证意识较差、法律规定的漏洞或相对笼统、司法人员应有素质的欠缺等原因,致使证人证言的证明力较差。为保证案件质量,实现司法公正,提高证人证言证明力已成为我国司法实践中的重要课题。从理论上探讨了证人证言证明力的标准及其重要性;从取证、查证、认证的角度,全面分析了我国诉讼中证人证言证明力的现状;并提出了提高证人证言证明力的途径。     

Situational factors and police use of force across micro-time intervals: A video systematic social observation and panel regression analysis

The current study analyzes police use of force as a series of time-bound transactions between officers, civilians, and bystanders. The research begins with a systematic social observation of use-of-force events recorded on police body-worn cameras in Newark, New Jersey. Researchers measure the occurrence and time stamps for numerous participant physical and verbal behaviors. Data are converted into a longitudinal panel format measuring all observed behaviors in 5-second intervals. Panel logistic regression models estimate the effect of each behavior on use of force in immediate and subsequent temporal periods. Findings indicate certain variables influence use of force at a distinct point in time, whereas others exert influence on use of force across multiple time periods. The most influential variables relate to authority maintenance theoretical constructs. This finding supports prior perspectives arguing that police use of force largely results from officer attempts to maintain constant authority over civilians during face-to-face encounters. Nonetheless, a range of additional variables reflecting procedural justice, civilian resistance, and bystander presence significantly affect when police use force during civilian encounters. Results provide nuance to theoretical frameworks considering use of force as resulting from the interplay between officer and civilian actions and reactions.     

Piercing the surface: A mechanical analysis of stabbing with household tools

Estimating the applied power during a stabbing incident, or estimating the minimal force necessary to penetrate the body with a certain weapon is a challenging task in forensic practice. A thorough forensic evaluation of stabbing forces needs objective numerical experimental data. Stabbing tests of 12 different weapons – including knives, a pair of scissors, a fork, screwdrivers, a rasp, a corkscrew, and a utility knife blade – were performed with a Mecmesin MultiTest-dV material tester on pork loin and ballistic gel to estimate the stabbing forces and dynamics. Penetration force (F_p) and maximal force (F_max) were recorded, and the registered force curves were analyzed. F_max was 159.8–212.07 Newton (N), 30.56–30.58 N, 168.9–185.48 N for various knives; 171.39–190.43 N for the pair of scissors, 233.6 N for the fork; 532.65–562.65 N, 370.31–367.19 N and 314.51–432.89 N for various screwdrivers, 44.14–56.62 N for utility knife during pork loin stabbing. The butter knife, corkscrew and rasp were not able to penetrate the pork loin, and the curved fork bent during stabbing. The results prove that weapon characteristics greatly influence the force necessary for penetration. Maximal stabbing force depends mostly on tip sharpness, and the force sharply decreases after penetration occurs, which indicates that edge sharpness is not as important as tip characteristics during stabbing perpendicular to skin surface. The penetration force during stabbing with a pair of scissors is comparable to the penetration force of knives. Stabbing with screwdrivers generally needs larger force than average knives but depends greatly on screwdriver size.     

Violence and Statebuilding in a Borders Conflict Context: A Study of the Israeli–Palestinian Conflict

Violence, while conceived of and defined as objective, is in reality a subjective phenomenon that takes on myriad forms (political, physical, and psychological). From a constructivist perspective, the identification of violence is contingent on conflicts to signify actions as legitimate; in the Israeli–Palestinian conflict, the experience of different forms of violence has meant that violence has come to acquire multiple meanings. This violence is legitimate from both Israeli and Palestinian points of view, and it creates and fulfils a cycle that perpetuates intractable conflict. This article aims to demonstrate how strongly this culture of violence has affected the state-formation process in this area, and it calls attention particularly to ongoing statebuilding processes in Palestine. The paper will also explore the intricacies related to violence and border definition in terms of ‘mapping practices’ and territoriality, and examine how, in the wake of the Oslo agreement, the Palestinian statebuilding process is created under the ruling power of the Israeli military force, restraining Palestinian capacity to create state bodies capable of establishing and retaining the monopoly of violence.     

Responsibility to Protect: Russia’s Approaches

Abstract

Russia’s predominantly suspicious and even negative attitudes toward R2P are closely related to its traditional attachment to the notion of sovereignty, but its reluctance to ‘bless’ the use of force with R2P also serves as a pretext to cover various instrumental goals. Russia’s more assertive foreign policy has exacerbated this trend. Disagreements stem from differences between Russia and the West both in their conceptual approaches to security and in their assessments of specific cases. In particular, Russia has an existential concern over possible application of R2P by extra-regional actors in its immediate post-Soviet vicinity. However, in the conflicts around South Ossetia (2008) and Crimea / Southeastern Ukraine (2014-), there was a noticeable trend to refocus R2P-related arguments in support of Russia’s own actions. By and large, R2P continues to be perceived as a Western attempt to establish certain rules of behaviour which require caution and prudence. Nevertheless, more positive attitudes do not seem impossible. To play a prominent role in the evolving international system, Russia will have to make the R2P segment of its foreign policy more salient and overcome the lag in promoting this concept as a working tool indispensable for cooperative and responsible leadership.