民法动机错误论考——从类型论到要件论之嬗变

严格区分动机错误与表示错误、原则上将动机排斥于法律评价之外,唯有表示于外的动机始受保护的传统的“类型论”观点日益露出其破绽,将动机错误与表示错误一元化并构造统一法律要件的“要件论”思想渐次成为今日“错误论”之主流,而统一的“错误要件”如何最大限度地保持合理性,仍在继续的探索与求证之中。     

提高高职学生英语应用文写作能力的探讨

文章运用错误分析的理论、方法和步骤,对高职生英语书面表达中的错误及错误的原因进行了调查与分析,提出了提高高职生英语写作能力的途径和方式.     

美国医疗差错的概念、定义与特征本

医疗差错已经是一个全世界的问题。越是现代化的国家 ,这一问题就显得越为严重 ,在美国因医疗差错导致患者死亡已占死因的第 8位。在我国 ,一直习惯使用医疗事故的概念 ,而医疗事故又在《刑法》里有明确的罪责。随着中国经济日益与世界接轨 ,法律制度中的一些概念性问题也在逐步朝向国际统一方向发展。因此 ,对于医疗差错的明确统一定义 ,就显得十分很重要。本文主要介绍美国法律方面的相关规定。一、医疗差错是当今的世界性问题1999年 ,美国医学研究所 (ＩＯＭ ,ｔｈｅＩｎｓｔｉｔｕｔｅｏｆＭｅｄｉｃｉｎｅ )估计 ,每年有 980 0 0人死于…     

Using network sampling in crime victimization surveys

Since crime victimizations are statistically rare events, surveys to estimate rates of victimization are difficult and expensive. In this paper, we examine the advantages of network sampling over traditional methods for conducting crime victimization surveys. Network sampling links population households in specified ways, for reporting purposes, in order to increase the probabilities of locating households with particular characteristics. We conducted a reverse record check field experiment to test whether a telephone survey using network sampling is feasible to collect crime victimization data. Three types of crimes-burglary, robbery, and assault-were tested along with two types of networks-relatives and co-workers/close friends. This paper examines the extent to which victims report their victimization experiences in a general crime and victimization interview and the extent to which a randomly selected relative or close friend will report the same victimization incident in an identical interview. A number of multiplicity counting rules are compared in terms of reporting errors and a mean square error analysis.     

Test–Retest Reliability of the Revised Conflict Tactics Scales (CTS2)

The Revised Conflict Tactics Scales (CTS2) are widely used to measure intimate partner aggression. Various aspects of the CTS2 and its subscales have been examined, e.g. factor structure, internal consistency, and validity, but little or no evidence exists regarding the stability of the self-report of aggression on the CTS2 This study examines the stability of reports of aggression against a partner on the CTS2 among 82 men court-mandated to a batterer intervention program. At both testing times men reported on aggression occurring in the year prior to beginning treatment. Using variety scores, stability of report was strong for psychological aggression (r = 0.69), physical assault (r = 0.76), injury (r = 0.70), and negotiation (r = 0.60), but weaker for sexual coercion (r = 0.30). Implications for the use of the CTS2 in court-mandated populations are discussed.

司法鉴定意见纠错机制及制度探讨——以面向社会服务的鉴定机构和鉴定人为视野

司法鉴定意见是鉴定人进行科技实践的产物,因而出现错误鉴定意见是不可能完全避免的。在法定的重新鉴定之外,由原司法鉴定人在程序规定的范围内通过＂复核鉴定＂自我纠正司法鉴定意见的错误不失为一种有效的对策。基于此,以面向社会服务的司法鉴定机构和鉴定人为研究的视野,以复核鉴定为基本形式,探讨司法鉴定意见纠错的机制并创设相应的制度,将有利于诉讼和司法鉴定。     

Confidence in an election authority and satisfaction with democracy: Evidence from a quasi-natural experiment of a failed election in Sweden

Contemporary research on electoral integrity has focused on the functioning, evaluation, and legitimacy of electoral processes in emerging democracies. By contrast, this study investigates whether a failed election in a well-established democracy can affect individuals' evaluations of the electoral management body, the Election Authority, and whether those evaluations affect satisfaction with democracy. Using the case of a Swedish regional election in 2010 that had to be rerun due to procedural mistakes in the vote handling, we found that, in the short term, individuals’ confidence in the Election Authority was reduced after it was announced that the election had to be rerun because of the mistakes. Subsequently, this decreased confidence was strongly associated with less satisfaction with democracy at the regional and national level. As good news for the authority, after a successful rerun election, confidence rebounded to the levels prior to the failed election.     

Fingerprint error rate on close non‐matches

The accuracy of fingerprint identifications is critically important to the administration of criminal justice. Accuracy is challenging when two prints from different sources have many common features and few dissimilar features. Such print pairs, known as close non‐matches (CNMs), are increasingly likely to arise as ever‐growing databases are searched with greater frequency. In this study, 125 fingerprint agencies completed a mandatory proficiency test that included two pairs of CNMs. The false‐positive error rates on the two CNMs were 15.9% (17 out of 107, 95% C.I.: 9.5%, 24.2%) and 28.1% (27 out of 96, 95% C.I.: 19.4%, 38.2%), respectively. These CNM error rates are (a) inconsistent with the popular notion that fingerprint evidence is nearly infallible, and (b) larger than error rates reported in leading fingerprint studies. We conclude that, when the risk of CNMs is high, the probative value of a reported fingerprint identification may be severely diminished due to an elevated false‐positive error risk. We call for additional CNM research, including a replication and expansion of the present study using a representative selection of CNMs from database searches.     

The Reliability of Pattern Classification in Bloodstain Pattern Analysis,Part 1: Bloodstain Patterns on Rigid Non‐absorbent Surfaces

This study was designed to produce the first baseline measure of reliability in bloodstain pattern classification. A panel of experienced bloodstain pattern analysts examined over 400 spatter patterns on three rigid non‐absorbent surfaces. The patterns varied in spatter type and extent. A case summary accompanied each pattern that either contained neutral information, information to suggest the correct pattern (i.e., was positively biasing), or information to suggest an incorrect pattern (i.e., was negatively biasing). Across the variables under examination, 13% of classifications were erroneous. Generally speaking, where the pattern was more difficult to recognize (e.g., limited staining extent or a patterned substrate), analysts became more conservative in their judgment, opting to be inconclusive. Incorrect classifications increased as a function of the negatively biasing contextual information. The implications of the findings for practice are discussed.     

“法律不知有害”质疑

我国大多数学者认为对事实的不知无害,对法律的不知有害,因而实务中对法律错误一般不予以救济。但事实上,不管是在罗马法上,还是在当代的大陆法系和英美法系,大部分国家都会对部分法律错误予以救济。而在确定何种法律错误可予以救济时,应充分考量在特定情况下对表意人"知法推定"的合理性以及表意人与第三人之间的利益衡量。