也谈我国违宪审查制度的模式选择

目前我国的违宪审查制度存在有效性不足等问题。建设有中国特色的违宪审查制度 ,第一步 ,可先在全国人大之下设立宪法监督委员会 ;而最终目标是建立中国的宪法法院     

论我国非健全证人作证制度的转型

近些年,涉及儿童的犯罪案件越来越受到关注。这些案件涉及到儿童等非健全证人作证问题。从实质上而言,非健全证人作证主要涉及事实问题而不是价值问题。我国现行非健全证人作证制度的证据能力模式误将事实问题纳入价值问题的处理机制,从而导致该制度在实践中不仅实施案件量很少,而且实施效果难以令人满意。随着我国刑事司法改革和制度的发展,现行制度的矛盾将会越来越突出。但是,该制度不仅在实体上存在实施的根本性难题,而且在程序上缺乏相应的审查机制。总体来看,该制度有必要转向证明力模式。这种转型不仅符合我国刑事司法的传统价值、实践基础和司法资源现状,也符合国际发展潮流。     

合同激励、失败学习与PPP项目商业模式再创新意愿的关系——失败容忍度的调节作用

PPP项目商业模式创新失败率高,政府部门有必要通过合同激励项目公司进行失败学习,进而促发其再创新意愿。首先,通过文献分析并结合PPP特殊性,将PPP项目的合同激励分为利益分配与政府承诺,借鉴组织学习理论引入失败学习的概念,在此基础上建立以合同激励为前因、失败学习为中介、PPP项目商业模式再创新意愿为结果并考虑失败容忍度调节作用的概念模型;其次,采用情境模拟结合问卷调查的方式采集到67份有效实验数据,并运用层级回归分析的方法进行实证检验。研究结果表明:合同激励中的利益分配与政府承诺均对失败学习有显著正向影响,且政府承诺的影响要大于利益分配;失败学习对商业模式再创新意愿有显著正向影响;失败学习在利益分配和政府承诺对再创新意愿的影响中起到完全中介效应;失败容忍度正向调节失败学习对商业模式再创新意愿的影响。     

Deep learning for sex determination: Analyzing over 200,000 panoramic radiographs

The objective of this study is to assess the performance of an innovative AI-powered tool for sex determination using panoramic radiographs (PR) and to explore factors affecting the performance of the convolutional neural network (CNN). The study involved 207,946 panoramic dental X-rays and their corresponding reports from 15 clinical centers in São Paulo, Brazil. The PRs were acquired with four different devices, and 58% of the patients were female. Data preprocessing included anonymizing the exams, extracting pertinent information from the reports, such as sex, age, type of dentition, and number of missing teeth, and organizing the data into a PostgreSQL database. Two neural network architectures, a standard CNN and a ResNet, were utilized for sex classification, with both undergoing hyperparameter tuning and cross-validation to ensure optimal performance. The CNN model achieved 95.02% accuracy in sex estimation, with image resolution being a significant influencing factor. The ResNet model attained over 86% accuracy in subjects older than 6 years and over 96% in those over 16 years. The algorithm performed better on female images, and the area under the curve (AUC) exceeded 96% for most age groups, except the youngest. Accuracy values were also assessed for different dentition types (deciduous, mixed, and permanent) and missing teeth. This study demonstrates the effectiveness of an AI-driven tool for sex determination using PR and emphasizes the role of image resolution, age, and sex in determining the algorithm's performance.     

“终身监禁”刑事立法的刑罚精准性研究

对本可以判处死刑立即执行的贪污受贿犯罪分子实际判处死刑缓期两年执行的,同时决定死缓期满减为无期徒刑后的终身监禁,既不是执行"死刑"之"重",又不是减为可进一步通过减刑、假释使实际服刑期变得相对比较短的一般"无期徒刑"之"轻",既实现了罪责刑均衡,又实现了震慑其他潜在的贪污受贿犯罪分子的一般预防目的,还能够遏制司法腐败实现司法公正,对贪污受贿犯罪行为进行精准的打击。终身监禁单独设在贪污受贿罪里,正是考虑到贪污受贿罪的特点和国家的刑事政策而作出的,不仅具有很强的针对性,而且在刑罚轻重的"度"上把握到位,体现出刑罚制定和适用的精准性。从刑罚精准性的视角分析,终身监禁不违背罪刑法定原则、罪责刑相适应原则和刑罚效益原则,具备刑罚正当化根据。     

东北亚国际秩序的转型与大国的角色定位

从世界发展趋势看,所谓国际体系的转型期即指目前的国际体系向世界体系转换的过渡期。这一转型期客观地要求各个大国的正确的角色定位,即由以往的霸权模式向主导型大国模式的转换。中国欲成为引领世界发展方向的主导型大国,不仅要从文化深层确立"类本位"意识体系,而且也要建构以"和谐世界"为核心并由正义、公正、合理、民主、共赢、和平为其结构的理念体系。     

The death penalty loses its mind: an interview with Professor James Acker

In April 2009 the American Law Institute (ALI) made the decision to withdraw its support for the a section of the Model Penal Code that had been instrumental in shaping contemporary death penalty legislation. The Institute had created the modern legal and criminal justice administration framework for capital punishment as part of its Model Penal Code in 1962. Professor James Acker, one of the leading scholars on the death penalty in the United States, speaks to the import of this decision while providing some historical context for ALI’s involvement in the matter initially.     

The Good Lives Model – new directions for preventative practice with children?

The study of young offenders has tended to focus on adolescents, despite knowledge that those who are engaging in criminality during childhood are more likely to experience long-lasting, life-impairing consequences. This qualitative study investigated how child offenders experience the process of desisting from crime. It was hoped that this would provide further insight for those involved with prevention programmes for young offenders. Seven young people aged between 10 and 18, engaging with the Preventing Youth Offending Project (PYOP) in the UK were interviewed, and the data collected was subject to Interpretative Phenomenological Analysis. Four themes emerged from the narratives, all converging on a changed self-identity for those successfully desisting. PYOP aims to enhance the lives of young people, and this approach appears to encourage this identity transformation through the provision of purposeful activity, supported education and mentoring. The increasing popularity of strengths-based enhancement approaches to rehabilitation, such as the Good Lives Model (GLM), is discussed in relation to its potential role in the prevention of criminality in young people. It is proposed that the GLM principles could provide essential foundations for early intervention approaches as well as rehabilitative measures for established offenders.     

An investigation into the applicability of the Ward and Siegert Pathways Model of child sexual abuse with Internet offenders

Abstract

This study examined the applicability of the Ward and Siegert (Psychology, Crime & Law, 8, 319–351, 2002) Pathways Model of Sexual Offending to a sample of Internet offenders. The Pathways Model identifies five etiological pathways, each with primary psychological deficits that interact to create a vulnerability to sexual offending behavior. The applicability of this model was tested on a sample of 72 cases drawn from a community sample in England and Wales, via the analysis of primary and associated psychometric indicators of pathway membership. Sixty per cent of men in the sample were found to display dysfunctional psychological mechanisms (43 cases). Two pathways were found to be particularly prominent: the intimacy deficits pathway and the emotional dysregulation pathway. The implications for future treatment and the appropriateness of current treatment programs for this population are examined in the light of these findings.     

Own-age bias in video lineups: a comparison between children and adults

Abstract

The present study investigated whether child (six–eight years of age) and adult witnesses (18–29 years of age) would exhibit an own-age bias when trying to identify targets from video lineups. One hundred and eighty-six participants viewed two filmed events that were identical, except one starred a child target and one a young adult. After a delay of two–three days each witness saw a lineup for the child and adult target. Children exhibited an own-age bias and were better at correctly identifying the own-age target from a target-present (TP) lineup and made more correct rejections for the own-age target-absent (TA) lineup. Adults however, showed a reversed own-age bias for the TP lineups as they made more correct identifications for the child target, but exhibited no bias for the TA lineups. The results suggest that differences in identification accuracy may be due to whether witness age and suspect age overlap.