规范检察机关参与非法证据排除程序探析

新《刑事诉讼法》对非法证据排除进行了相关规定,明确了检察机关参与非法证据排除主体性地位。检察机关参与非法证据排除意义重大,有利于从根源上防止非法证据的出现,也有利于克服我国一元制庭审模式的弊端,从而规避非法证据进入庭审对法官的影响,确保法官公正审判,维护司法正义。这就迫切需要对检察机关参与非法证据程序进行规范,才能以之指导检察实践。     

论我国行政处罚听证制度的不足及其完善

听证制度是行政程序法基本制度的核心。从司法执法实践可以看出,《行政处罚法》缺乏较为详细的配套性规定,尤其是一些重要的制度性建设欠明确与具体,及时总结以往听证工作的经验,完善行政处罚的听证程序已是一项紧迫任务。     

Culture Wars,Secular Realignment,and the Gender Gap in Party Identification

Changes in the U.S. partisan balance over the past decade are often attributed to the enhanced political salience of cultural issues. Yet as white men have continued to become more Republican in recent years, white women increasingly identify with the Democrats. To the extent that cultural issues are influencing this partisan change, men and women must be responding differently to this cultural agenda. Using a pooled ANES data set from 1988 through 2000, I explore the extent to which cultural values are responsible for this gender realignment. Findings suggest that salient cultural issues influence the partisan choices of both men and women, however in somewhat different ways. For women, the issues themselves—reproductive rights, female equality, and legal protection for homosexuals—have become increasingly important determinants of party identification. For men, the influence of cultural conflict on partisanship is argued to be equally pervasive, albeit less direct.     

Parental Socialization and Rational Party Identification

This article constructs a rational choice model of the intergenerational transmission of party identification. At a given time, identification with a party is the estimate of average future benefits from candidates of that party. Experienced voters constantly update this expectation using political events since the last realignment to predict the future in accordance with Bayes Rule. New voters, however, have no experience of their own. In Bayesian terms, they need prior beliefs. It turns out that under certain specified conditions, these young voters should rationally choose to employ parental experience to help orient themselves to politics. The resulting model predicts several well–known features of political socialization, including the strong correlation between parents' and children's partisanship, the greater partisan independence of young voters, and the tendency of partisan alignments to decay.     

A Re-examination of the Effects of Biased Lineup Instructions in Eyewitness Identification

A meta-analytic review of research comparing biased and unbiased instructions in eyewitness identification experiments showed an asymmetry; specifically, that biased instructions led to a large and consistent decrease in accuracy in target-absent lineups, but produced inconsistent results for target-present lineups, with an average effect size near zero (Steblay, 1997). The results for target-present lineups are surprising, and are inconsistent with statistical decision theories (i.e., Green & Swets, 1966). A re-examination of the relevant studies and the meta-analysis of those studies shows clear evidence that correct identification rates do increase with biased lineup instructions, and that biased witnesses make correct identifications at a rate considerably above chance. Implications for theory, as well as police procedure and policy, are discussed.     

Split-ticket voting in German Federal elections, 1953–90: an example of sophisticated balloting?

Though the German electoral system has provided the opportunity of split-ticket voting since 1953, until now there has only been mere speculation concerning the rationality of ticket-splitting. In this paper we examine the rationality thesis empirically, using data provided by the official representative electoral statistics of the Federal Republic. Modifying the Downsian notion of rational voting, rational ticket-splitting is defined in terms of coalition building and of voters' expectations of the electoral success of candidates and parties. Applying this conceptual framework, it will be shown that the combinations of first and second votes actually chosen by a majority of the German electorate can rather be conceived of as a product of accident than of tactical considerations.     

The microeconomic voter

In the United States, aggregate and individual level studies of economic voting for the Congress have produced contradictory findings. The same is true for models of economic voting for the Australian Parliament. This paper presents data taken from a series of individual level studies which show that voters' attitudes towards fiscal and microeconomic issues have been better predictors of the vote for the Australian House of Representatives over the last four elections than their attitudes towards macroeconomic issues. This finding suggests that the cause of the inconsistency between aggregate and individual level models of voting may be that aggregate models of economic voting which include only macroeconomic variables are inadequately specified, since they do not take broader aspects of the economy into account.     

影响青少年心理行为问题的社会环境和家庭因素探析

青少年的心理行为问题一直困扰着教师和家长,对个体、家庭乃至社会造成负面影响.通过对社会环境和家庭因素分析,青少年心理行为问题有其产生的必然性.青少年的违法行为大部分在外界环境的诱惑下产生,带有明显的情绪色彩和盲目性,只有从感化他们的内心,措施得当,并为青少年营造一个良好的社会环境,学校、家庭和个人积极合作,才能预防青少年心理行为问题的发生.     

质疑“程序轻微瑕疵不影响相对人合法权益”

程序轻微瑕疵是指未对相对人实体权利产生影响的程序违反。山东、湖南等省份的行政程序规定中关于＂程序轻微瑕疵不影响公民、法人或其他组织合法权益＂的说法并不准确,有忽略程序权利在合法权益范畴中地位的嫌疑,建议修改。补正制度符合行政公平与效率并重的目标模式,是程序轻微瑕疵的最优解决方案。     

程序视角下诉讼监督的权力结构及配置

程序视角下的诉讼监督权在逻辑上可分为违法调查权、违法确认权、违法纠正和违法惩罚程序启动权。合理配置诉讼监督权既要符合权力配置的一般规律,又要符合我国检察工作实际,从理论和实践看,从健全权力结构、廓清监督权能、完善监督手段及其保障等方面完善诉讼监督权的配置。