人民陪审员制度的完善简

我国的人民陪审员制度无论在立法层面还是在司法实践中,均有偏离制度设立初衷之嫌：人民陪审员资格设定过高,陪审员的遴选行政化,陪审制的适用范围不清,当事人缺乏对程序的选择权等,造成实际运作中陪审员“陪而不审”、“合而不议”,陪审制形同虚设。因此,有必要降低人民陪审员的资格标准,完善个案陪审员的产生机制,加强陪审员在审判中的地位,使我国的人民陪审员制度发挥应有的作用。     

Paying Homage to War Criminals Warrants Condemnation

正On December 26,2013,Japanese Prime Minister Shinzo Abe visited the Yasukuni Shrine,where 14Class-A World War II war criminals,including Hideki Tojo,who was prime minister of Japan for most of the war,are enshrined.These statesmen and military offi cers were responsible for maintaining a 14-year-long period of aggression towards China,for the Nanjing Massacre,for the sexual abuse of socalled"comfort women"in East and Southeast Asia,and for the attack on Pearl Harbor that provoked the Pacif ic War.Convicted of war crimes in 1946 at the International     

Tracking Movement and Temperature Selection of Larvae of Two Forensically Important Blow Fly Species Within a “Maggot Mass”

The current study responds to the lack of understanding about the temperatures experienced by individual blow fly larvae within “maggot masses.” The temperature selection of both aggregating (in a mass) and nonaggregating larvae was compared and their pattern of movement assessed. Infrared imaging determined the temperatures within a mass and in the vicinity of the constituent individual larvae, whose movements were tracked by dyeing their tissues red. Individual Chrysomya rufifacies larvae selected temperatures above 27°C, significantly higher than the temperature selected by Calliphora vicina larvae (24.5°C). However, this same difference was not seen within a mass, with both species selecting temperatures around 28°C. Larval movement in a mass was nonrandom, indicating that larvae actively select their position in a mass. Furthermore, larvae have a strong tendency to select the hottest part of a mass; therefore, maximum mass temperatures might provide a reliable proxy for the actual temperatures experienced by larvae.     

Effects of pretrial juror bias,strength of evidence and deliberation process on juror decisions: new validity evidence of the Juror Bias Scale scores

This study examines the validity of the Juror Bias Scale scores in relation to the mock juror decisions reached in two real life homicide cases before and after the deliberation process. The judicial cases used varied in terms of the ambiguity of the evidence presented at both trials. The WLS methodology for statistical modelling of categorical data was used to analyse data. The findings indicated that the Juror Bias Scale scores successfully predict the verdicts and other related questions before and after deliberations in the case with ambiguous evidence. Furthermore, deliberations caused a generalisation effect on the pretrial juror bias in such a case, and enhanced the differences between defense-biased and prosecution-biased jurors in the verdicts delivered after deliberations. The implications of these findings are discussed in relation to the use of pretrial juror bias questionnaires in jury selection.     

Culling the cousins: Kingship,kinship, and competition in mid-millennial England

Kin selection, an aspect of evolutionary theory, argues that, all else equal, individuals should give preferential treatment to relatives, based on the degree of relatedness [Hamilton, W. D. (1964). The genetical evolution of social behaviour I, II. Journal of Theoretical Biology, 7, 1–52.]. However, one may observe instances where competition for scarce or unique resources is stronger between family members than between unrelated individuals. Such a situation existed between 1377 and 1603 with intense competition for the throne of England among descendents of Edward III. During this period, monarchs were executed by relatives to gain or maintain the throne for him or herself or descendents. Despite the widespread destruction of kindred, we show that executioners never sacrificed lineal relatives nor executed collateral relatives in excess of their own legitimate nuclear relatedness, and the number of executed relatives was positively correlated to the age and legitimate reproductive success of the executioner. Moreover, when resources are scarce, have an intrinsically high value, and are inherited, it may be in your Darwinian reproductive interest not to maximize but to minimize the number of legitimate children in order to reduce competition among family members.     

Who receives substance abuse treatment in the ‘real world’ of the prison? A register-based study of Finnish inmates

Assessing and targeting substance abuse-related treatment needs according to evidence-based practice has become the norm in most prison administrations. Not everyone with a need will, however, receive support in practical settings. Drawing on Finnish prison registers, we show that of all prisoners released in 2011, 60% were assessed as having a need for substance abuse-related support. Of these, 22% received an intervention in prison. Two multivariate models were used to examine the factors related to selection into interventions. The main factors associated with receiving an intervention with evidence-based programmes were a longer sentence, Finnish nationality, younger age and treatment motivation. The predictors for any substance abuse interventions (including non-evidence-based) were the same, with the exception that motivation was no longer a significant predictor, and female gender remained significant. The selective use of motivation as an entrance criterion for interventions can be a means of systemic adaptation to a combination of a high prevalence of substance abuse problems and a lower prevalence of treatment motivation in the prison population. We discuss how our results might reflect a Scandinavian way of doing evidence-based, prison-based drug treatment—one that stresses rehabilitation as a goal in itself in addition to reducing recidivism. Most prisoners, however, do not receive any intervention at all.     

Compulsory voting and the dynamics of partisan identification

Compulsory rules are known to have far‐reaching effects beyond boosting electoral participation rates. This article examines the relationship between compulsory voting and partisan attachments. A theory of attachment formation and strength is engaged that argues that compulsory voting boosts the likelihood that one will identify with a party and, in turn, the strength of party attachments among identifiers. The statistical model accounts for both the hierarchical structure of the data (individuals in elections) and the dual nature of the dependent variable (individuals report a strength of attachment only for the party with which they identify). Using data from the Comparative Study of Electoral Systems, it is demonstrated that compulsory voting does indeed increase both the incidence and the strength of partisanship.     

法律实施与利益选择——以行政诉讼和解制度为例

行政诉讼和解制度是政府与相对人在司法实践中基于自身利益进行的行为选择,共同改变了《行政诉讼法》规定的纸面规则。其中上级政府的量化指标考核与和解制度的成本低、收益小是政府与相对人选择和解制度的核心原因。这一现象说明行为主体在各自的生存环境下做出了与法律规则不一致的利益选择,这些实际选择一定程度上虚置和瓦解了纸面的法律规则。因此,在法律制度建构时应充分考虑行为主体的生存环境与利益选择。     

Is the Magic Still There? The Use of the Heckman Two-Step Correction for Selection Bias in Criminology

Issues of selection bias pervade criminological research. Despite their ubiquity, considerable confusion surrounds various approaches for addressing sample selection. The most common approach for dealing with selection bias in criminology remains Heckman’s [(1976) Ann Econ Social Measure 5:475–492] two-step correction. This technique has often been misapplied in criminological research. This paper highlights some common problems with its application, including its use with dichotomous dependent variables, difficulties with calculating the hazard rate, misestimated standard error estimates, and collinearity between the correction term and other regressors in the substantive model of interest. We also discuss the fundamental importance of exclusion restrictions, or theoretically determined variables that affect selection but not the substantive problem of interest. Standard statistical software can readily address some of these common errors, but the real problem with selection bias is substantive, not technical. Any correction for selection bias requires that the researcher understand the source and magnitude of the bias. To illustrate this, we apply a diagnostic technique by Stolzenberg and Relles [(1997) Am Sociol Rev 62:494–507] to help develop intuition about selection bias in the context of criminal sentencing research. Our investigation suggests that while Heckman’s two-step correction can be an appropriate technique for addressing this bias, it is not a magic solution to the problem. Thoughtful consideration is therefore needed before employing this common but overused technique.

当前竞争态势下高职院校发展战略选择——以“波特五力”分析模型为视角

“波特五力”分析模型是企业管理工具,高职院校借助这一工具,可以顺利开展绩效管理。通过阐述“波特五力”分析模型与高职院校的契合点,研究用企业管理的商业模式进行高职院校管理的可能性和现实操作性,提升高职院校竞争力。