证据保全制度的功能及其扩大化

基于诉讼数量不断增长和现代型诉讼要求先收集证据、后提出事实主张的客观需要,为实现预防诉讼、促进诉讼、集中化审理和多元化解决纠纷之目标,两大法系各主要国家纷纷对证据保全及类似制度进行了改革,使证据保全制度除保全证据外,又具有了确定事实、开示证据和诉讼外解决纠纷的多种功能。为强化当事人举证责任,保障当事人证据收集权和证明权的实现,我国也必须扩大证据保全制度的机能,一方面增设确定事物状态和经对方当事人同意之证据保全类型,另一方面鼓励当事人在证据保全程序中就与纠纷解决相关的事项达成协议。     

用PCR扩增X-Y-特异片段性别鉴定的研究

采用5%Chelex-100处理方法提取 DNA,用 PCR 扩增 Amelogenin 基因片段检测血痕和毛根的性别。扩增一个样品只需1/10体积3mm~2血痕 Chelex-100处理液或1/10体积一根毛发 Chelex-100处理液(含模板 DNA)。100例血液样品结果显示,在男性可同时显现977bpX 特异片段和788bpY 特异片段,而在女性只观察到977bp X 特异片段,该方法用于性别鉴定可靠、灵敏、方便。     

Experimental Study of Bite Mark Injuries by Digital Analysis

Abstract: This study was based on a morphometric analysis of bite marks starting from the quantitative definition of the anterior teeth by the geometric acquisition of the “injuries,” using bite marks impressed on pig skin and plastic. Each mark was photographed and acquired. A dedicated program automatically supplied the values of the shape factors and the areas of the pattern geometric figures. The values obtained for the homologous samples were compared to the heterologous values. Statistical comparison was made of the sets by linear regression, determining the correlation coefficient and the determination coefficient for each value. Results showed only 4.8% and 2% of overlap between homologous and heterologous values. This study was carried out in attempting to quantitatively define the anterior teeth of the human dentition and the procedure described and the results obtained support the advantage of morphometric studies and computer‐aided programs in this study of bite marks.     

The Ends of Deliberation: Meta‐consensus and Inter‐subjective Rationality as Ideal Outcomes

Normative deliberative theory has contributed much to an understanding of ideal procedural standards, but there is considerable uncertainty regarding the appropriate nature of desired deliberative outcomes. In this paper we identify two inter‐related concepts of meta‐consensus and inter‐subjective rationality as outcomes that an authentic deliberative process ought to produce. Importantly, these deliberative ends are consistent with ideal deliberative procedure. They are also empirically tractable, where preference transformation can be described in terms of underlying values, and judgments. Methods for assessing deliberative ends are provided and demonstrated using a case study.     

Mixing Habermas with Bayes: Methodological and Theoretical Advances in the Study of Deliberation

Two challenges stand out in the study of deliberation: the development of appropriate methodological tools and the development of more unified analytical frameworks. On the one hand, analysing deliberative processes is demanding and time‐consuming; hence we tend to have only few and non‐randomly selected cases at the group or context level. In addition, the real world of deliberation presents us with a complex matrix of nested, cross‐classified, and repeated speakers. This article shows that Bayesian multi‐level modelling provides an elegant way to tackle these methodological problems. On the other hand, we attempt to enrich comparative institutionalism with individual characteristics and psychologically relevant variables (such as group composition). Focusing on Swiss and German parliamentary debates we show that institutional factors ‐ in particular, consensus systems ‐, the gender composition of committees and plenary sessions, and age matter for the quality of deliberation. Furthermore, we also show that partisan affiliation ‐ government or opposition status of MPs ‐ affects deliberative quality and can refine institutional arguments. We conclude that a multi‐level approach to deliberation focusing on contextual and actor‐related characteristics and using Bayesian hierarchical modelling paves the way toward a more advanced understanding ‐ and methodological handling ‐ of deliberative processes.     

Maternal Acceptance as a Moderator of the Relation Between Threat to Self Appraisals and Mental Health Problems in Adolescents from Divorced Families

Appraisals about the implications of stressful events that are evaluated as involving a threat to self (negative self-evaluation, negative evaluation from others, rejection by others) have been shown to place youth at risk for the development of mental health problems. This longitudinal study tested a protective-stabilizing interactive model, in which high maternal acceptance was predicted to mitigate the prospective relation between threat to self appraisals and change in adolescents’ mental health problems six months later. Participants were 89 adolescents from divorced families ages 10–12 and residential mothers. Adolescents reported on threat to self appraisals from the most stressful event experienced in the past month. Mothers and youth reported on maternal acceptance and mental health problems. Multiple regression analyses provided support for the protective effects of maternal acceptance on adolescents’ mental health problems. Intervention implications are discussed. Ana Brown is a pre-doctoral fellow in prevention research (NIMH 2 T32 MH18387–19) and doctoral student in the Department of Psychology at Arizona State University, Tempe, AZ. Research interests include the study of children’s appraisals and responses to stressful events in the prevention of mental health problems. Sharlene Wolchik is a clinical psychologist and professor in the Department of Psychology at Arizona State University, Tempe, AZ. Her research focuses on identifying risk and protective factors for children whose parents have divorced. She also has designed and evaluated the efficacy of preventive interventions for children from divorced families and children who have experienced parental bereavement. Jenn-Yun Tein is a research associate professor and Co-Director of the Research Methodology Core of the Prevention Research Center at Arizona State University, Tempe, AZ. Her research interests include analyses of mediation and moderation of preventive interventions as well as applications of methodology and statistics in prevention research. Irwin Sandler is a Regents’ Professor in the Department of Psychology and Director of the Prevention Research Center at Arizona State University, Tempe, AZ. His research interests focus on understanding resilience for children exposed to stress and on the development, evaluation and dissemination of programs to promote resilience and prevent mental health problems for children in stress.     

International Organizations ICTs Policies: E‐Democracy and E‐Government for Political Development

New technologies provide new channels of access to political information and participation in decision‐making processes. This assumption is clearly important in the action plans and policies of International Organizations (World Bank, Organisation for Economic Co‐operation and Development, United Nations), which have assumed a leadership role in the reform of political institutions. Starting from an analysis of the reasons that have brought the state and processes of institution building back into focus, this paper will reconstruct the International Organizations' vision of the transformative potential of new information technologies and their activity in this field. Particular attention will be devoted to e‐democracy and e‐government as policies to build democracy in developing countries.     

Tradable Permits for Common‐Pool Resources: An Assessment

Scholars often attribute deterioration in common‐pool resources (CPRs) to ill‐defined property rights and suggest privatization and tradable permit markets as a solution to the commons problem. CPRs are heterogeneous, differing in physical characteristics and use patterns. Regulating their use requires tailored policy solutions that cohere with these characteristics. This paper examines factors that contribute to a well‐performing tradable permit market. While the literature offers rich empirical analyses of individual tradable permit markets, it has not provided an analytical framework enabling comparative analysis of these markets. This paper develops and employs an analytical framework for comparing across markets. The comparative analysis of market performance suggests that markets are not successful in all environmental problems and all demand situations. Further, it shows that even some markets frequently cited as exemplary successes have been that for nonmarket‐related reasons. On the other hand, this comparative analysis identifies sources of success for markets that partial analytical frameworks would have predicted to fail.     

The economic significance of “insignificant” rules

We know relatively little about the economic effects of “insignificant” rules because they are not typically analyzed. Yet, these rules could be cumulatively important. We provide an economic analysis of one proposed rule to control hazardous air pollutants, which is not considered to be economically significant. This rule is of particular interest because it is one of the first in a long series of rules that Environmental Protection Agency (EPA) will consider for limiting hazardous air pollutant emissions. Our analysis suggests that the proposed controls that EPA has considered are not likely to pass a benefit–cost test. We recommend that an agency base its decision to allocate additional resources to benefit–cost analysis on the expected value of the improved information. In addition, agencies should consider applying a rule of thumb that would specify a threshold level of risk reduction that needs to be achieved before some kinds of regulation are considered.     

The Development of Competitive Industries: The Role of State Government Actors

Despite widespread adoption of Porter's Industrial Cluster Theory as a policy development framework by federal and state governments over the past decade, Australia remains significantly below the OECD average in terms of its industries' economic contributions to real wealth creation ( Brown 2000 ; OECD 1998 ). The major cause cited for this relatively poor performance has been inability of key government officials to implement effective industry policy that simultaneously avoids de facto protectionism and distortion of competition. This article provides an insight into the key policy decisions undertaken by the Tasmanian state government that coincided with development of an internationally successful shipbuilding industry in that state. As such, this article provides a reflection on policy initiatives that may be valuable for government officials elsewhere.