我国刑事诉讼警察出庭作证问题探讨

我国新《刑事诉讼法》对警察出庭作证作出了规定,但是这些规定尚显模糊、抽象,还有进一步完善的必要。我国今后应在警察出庭作证价值基础的指引下,尽力克服制约性因素,通过立法从明确警察出庭作证的证人身份、具体范围、豁免权、法律后果等方面加以完善。     

DO PARENT EDUCATION PROGRAMS PROMOTE HEALTHY POSTDIVORCE PARENTING? CRITICAL DISTINCTIONS AND A REVIEW OF THE EVIDENCE

Most parent education programs are designed to improve child well-being following divorce by changing some aspect of parenting. However, there has been relatively little discussion of what aspects of parenting are most critical and the effectiveness of programs to change different aspects of parenting. This paper addresses these issues by: 1. Distinguishing three aspects of post-divorce parenting that have been targeted in parent education programs; 2. Reviewing evidence of the relations between each aspect of parenting and the well-being of children and; 3. Critically reviewing evidence that parent education programs have been successful in changing each aspect of post-divorce parenting.     

能动司法的宪法界限

当下中国的能动司法不同于西方的司法能动主义,其理论表达和实践形态呈现出多样性和复杂性。各地区、各层级人民法院的积极实践,使得能动司法遍地开花。但是,能动司法也应有必要的限度。我国现行宪法规定,＂中华人民共和国人民法院是国家的审判机关。＂这就要求能动司法在展开的同时,注意人民法院是国家的,而非地方的,以防出现司法地方化的问题;注意人民法院是专司审判职能的审判就关,而非履行其他职能的国家机关,以免能动司法变成了＂盲动司法＂。     

对刑事诉讼中证人出庭问题的研究

在我国的刑事诉讼实践中,证人出庭作证难的情况很普遍,已成为刑事诉讼中难以医治的痼疾。为保证证人证言的真实可靠,使其更具证据效力,也为了保证法庭审判质量和法庭审判的顺利进行,有必要对这种现象的成因进行多层面的剖析,同时提出具体的解决措施,规范证人出庭的作证制度。     

Evaluation of the adjudicated incest cases in Turkey: difficulties in notification of incestuous relationships

The aim of this study was to determine the prevalence and evaluation of the adjudicated incest cases in the heavy penal court in a province of western Turkey. The court files of 65 incest cases during a 10-year period between 1999 and 2008 were explored. When compared to those who lived in cities, the cases who lived in rural areas, such as villages or towns, had been exposed to penetration more frequently (94.3% and 70.0%, respectively, p<0.01). For the cases where the victim and perpetrator lived in the same house, the accused were generally members of the nuclear family (p<0.001). When compared to those who had not been exposed to penetration, most of those who had been exposed to it were determined to apply later (after 10 days) to judicial institutions (77.8%, p<0.01). The education and awareness of persons, such as teachers and physicians, who may confront incestuous relationships rather frequently are very important in the protection of children and in their adaptation to society.     

Establishing of chemical composition of printing ink

The subject of the examinations was primarily court tax marks of 50 and 200 PLN, which were suspected not to be genuine. Both inks on the questioned marks as well as comparative genuine marks and inks sent by the manufacturer were analyzed. No information about their chemical composition was available from manufacturer. In the examinations, infrared (IR), visible, X-ray fluorescence, and Raman spectrometry were used. The examinations showed that inks and glue on the marks of both values were the same as samples of those sent by the manufacturer. Discrepancies in some results were observed probably due to contamination, that is, an accidental presence of the foreign substance on the surface (e.g., sweat, saliva while sticking the marks to the surface or physical handling of the documents). It was concluded that there are original (genuine) court tax marks.     

Observations of reintegrative shaming in a mental health court

This study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.     

扬帆远航正当时——纪念中国海事法院成立三十周年

在中国海事法院成立三十周年之际,回顾海事审判体系的构建、海事海商法律制度的完善、海事审判队伍的成长、海事海商案件审判的进步,肯定中国海事司法取得的成就,提出提高海事审判公信力,将中国建设成为亚太地区海事司法中心的奋斗目标.     

关于基层法院人力资源开发与管理的现实思考———从法院人才招录制度与人力资本成本收益谈起简

吸引并留住高层次专业人才是各级法院人才队伍建设的重点.当前我国法院的人才招录制度面临诸多困境.要提高法院人力资本投资收益,法院务必科学规划,完善人才招录与流动制度,提高人力资本投资收益的有效性,强化法院人力资源管理制度建设和机关文化建设,完善司法管理机制,并在建构科学规范的司法管理体制方面完善司法权力的运行机制和保障机制.     

从东莞的实践看我国刑事证据开示制度的建构与本土化

从世界刑事诉讼发展趋势看,实行刑事证据开示是主流做法,我国对于任何制度的借鉴或引进都不能抱着机械照搬的态度,必须从本土化的视角出发,特别要考虑制度与制度之间的相互配套,相辅相成,才能使这项制度在司法实践中发挥出其本体价值作用.