中国法院绩效考评制度研究——“同构性”和“双轨制”的逻辑及其问题

从几个法院绩效考评制度的样本出发,总结出中国法院系统绩效考评制度数目字管理、各级法院考评同构性和同一法院考评双轨制等特点。不仅展示当前法院绩效考评制度的现实合理性和政治正当性;更借助司法理论、信息经济学和激励理论,论证绩效考评的双轨制抑制司法比较制度能力的有效发挥和架空法院独立行使审判权的制度基础。由于法官自由裁量权的存在,无视初审和上诉审职能分工和审级差异的绩效考评同构性和数字化管理更使得一套量化的考评指标不仅无法有效测度法官工作的努力度和廉洁度,更在很大程度上有损审判独立、程序价值等法治原则。     

古代中韩文化交流探析

古代中韩文化交流源远流长,对双方的政治、经济、军事、文化教育、文学艺术、体育娱乐乃至日常习俗等各领域,都产生过深刻的影响,形成了很多相似的文化传统。在今后的文化交流中,中韩两国既要保持本民族文化的独特性,也要相互尊重对方国家的独特性,扩大双方的共同性。     

Offence characteristics and cognitive functioning in juveniles adjudicated for illegal sexual behaviour

Intelligence differences exist between sex offenders and non-sex offenders in adult populations, but comparable intelligence differences are not consistently found among juveniles. However, juveniles may differ on measures of intelligence across offence-related variables used to subclassify adults. The purpose of the present study was to determine if between- and within-group differences exist in a sample of 925 juveniles adjudicated for illegal sexual and non-sexual behaviours across offence-related variables. The results suggest that juveniles adjudicated for illegal sexual behaviour outperformed juveniles adjudicated for non-sexual offences on Wechsler Abbreviated Scale of Intelligence (WASI) performance, though full-scale intelligence quotients scores for both groups were lower than would be expected in the general population. Unlike adult offenders, juveniles adjudicated for illegal sexual behaviour do not tend to differ on WASI performance across offence-related variables. These results provide additional evidence that these juveniles adjudicated for illegal sexual behaviour are categorically distinct from adults who sexually offend.     

Enhancing student performance and employability through the use of authentic assessment techniques in extra and co-curricular activities (ECCAs)

The paper advocates the use of authentic assessment techniques, delivered in extra and co-curricular activities (ECCAs), to augment and improve student performance on academic law degree programmes. A combination of formative and summative methods in ECCA assessment provides the optimum environment to measure and improve the crucial critical reasoning skill – the key transferable skill to academic degree success. This skill, when developed in students, is also highly prized by prospective employers, and therefore, the use of authentic assessment improves graduate employability rates.     

论社区警务绩效评估指标体系的构建

开展社区警务绩效评估活动,首先应构建一个合理的评估指标体系,需遵循五项原则,即一致性原则、可测性原则、可比性原则、代表性原则和公众导向性原则。本文在遵循这五项基本原则的基础上,结合社区警务工作实践,构建了一套社区警务绩效评估指标体系,并对各项指标内涵进行了相关说明。     

Beyond incubation: an analysis of firm survival and exit dynamics in the post-graduation period

With regard to the survival rates of business incubator (BI) firms, the literature mainly presents findings of failure rates only during the incubation period. Little is known about the survival or exit dynamics of firms after leaving the incubator facilities. This study approaches this research question by examining the survival of 352 firms from five German BIs after their graduation. The findings suggest that graduation causes an immediate negative effect on survivability that lasts up to 3 years after leaving the incubators. Furthermore, heterogeneous patterns of post-graduation exit dynamics between the BIs were observed. It was also found that performance during the incubation period is an indicator of the propensity of business closure after graduation. This study offers valuable insights and implications for all stakeholders of BI-initiatives.      

政府绩效评估制度安排的现实困境及其消解

政府绩效评估制度的本质就是以评估来促进政府行为的规范,加强对政府监督,强化政府的责任,提高政府的效率.然而当下中国,政府绩效评估的制度安排遇到了现实困境:政府绩效评估价值扭曲带来制度安排困境,政府绩效评估客体与主体失衡带来制度安排偏差,绩效评估系统内部运行阻滞带来制度安排障碍.消解政府绩效评估制度安排困境,从价值层面必须考虑社会公平、宽容合作;从运作体系必须考虑目标系统、比较系统、测定系统的制度安排要符合系统之间的逻辑关联.     

中草药复合添加剂对虹鳟鱼增重及肝功能和结构的影响

为观察中草药复合添加剂富康163对虹鳟鱼生长性能、肝功能和结构的影响,选择18月龄的虹鳟鱼400尾,随机将其分为4组,Ⅰ组为对照组,Ⅱ、Ⅲ、Ⅳ分别在基础日粮中添加30、50和70g/kg富康163,试验期60d。结果显示:饲料中添加不同水平的富康163能提高增重率,并可不同程度地降低饲料系数;与对照组相比,试验组血清腺苷脱氨酶(ADA)活性、γ-谷氨酰转肽酶(γ-GT)活性、胆碱酯酶(CHE)活性、总胆红素(TBiL)浓度和肝指数无明显变化(P>0.05);Ⅰ、Ⅱ、Ⅲ组肝细胞界限清楚,核圆而大,核膜清晰,胞质丰富,而Ⅳ组有的肝细胞间分界不明显、胞内空泡化。结果表明,虹鳟鱼饲料中添加富康163能促进鱼体生长,提高营养物质利用率,对鱼肝的功能和结构无显著影响,建议虹鳟鱼饲料中富康163的添加剂量以50g/kg为宜。     

Using an evolutionary perspective to understand the relationship between physical aggression and academic performance in late adolescents

In this study, we applied an evolutionary perspective to analyze the relationship between aggressiveness, academic performance, and sociality in a population of 528 adolescents of both sexes. In men, we expect physical aggression (PA) and sociality to be negative predictors of academic performance. However, in women, PA would be a negative predictor of academic performance, and sociality a positive one. Our results report a negative association between academic performance and PA in both sexes. As we expected, social effect derived from the use of PA seems to be different for each sex, where men could display a rebellious attitude to increase chances of finding a mate. In contrast, results for women are not conclusive, because no relationship between academic performance and any aggressive mechanism, were predicted by sociality. We conclude that an evolutionary framework, which includes sex-specific hypotheses, is appropriate to obtain a holistic perspective of this phenomenon.     

Citrate Content of Bone as a Measure of Postmortem Interval: An External Validation Study

The postmortem interval (PMI) of skeletal remains is a crucial piece of information that can help establish the time dimension in criminal cases. Unfortunately, the accurate and reliable determination of PMI from bone continues to evade forensic investigators despite concerted efforts over the past decades to develop suitable qualitative and quantitative methods. A relatively new PMI method based on the analysis of citrate content of bone was developed by Schwarcz et al. The main objective of our research was to determine whether this work could be externally validated. Thirty‐one bone samples were obtained from the Forensic Anthropology Center, University of Tennessee, Knoxville, and the Onondaga County Medical Examiner's Office. Results from analyzing samples with PMI greater than 2 years suggest that the hypothetical relationship between the citrate content of bone and PMI is much weaker than reported. It was also observed that the average absolute error between the PMI value estimated using the equation proposed by Schwarcz et al. and the actual (“true”) PMI of the sample was negative indicating an underestimation in PMI. These findings are identical to those reported by Kanz et al. Despite these results this method may still serve as a technique to sort ancient from more recent skeletal cases, after further, similar validation studies have been conducted.