《合同法》与合同诈骗罪之"合同"

合同诈骗罪分离于普通的诈骗罪,同时源于利用"经济合同"诈骗的基本形式,从而产生了关于合同诈骗罪之"合同"在内容、形式及合同主体的涵盖范围与《合同法》的是否一致之分歧。争议颇大的刑事理论导致了刑事司法实践案件的处理不一。因此,理清这些相关问题,对于合同诈骗罪的正确认定意义重大。     

Histories of now: listening to women in British film

ABSTRACT

The research project ‘Calling the Shots: Women and contemporary film culture in the UK, 2000–2015’ investigates contemporary women's film history through two primary routes: the statistical analyses of the numbers of women in six key above-the-line professions (director, writer, producer, executive producer, cinematographer and editor), and interviews with 50 women in those same roles (by August 2018 we had interviewed 58). This paper focuses specifically on the permutations of the interview process for constructing women's film history in the contemporary period. Taking into consideration the theoretical, methodological and political issues at stake in recording oral histories of working women filmmakers, we contemplate the consequences of collecting and writing history that is still in medias res.     

论口供的证明力

口供是犯罪嫌疑人、被告人的供述和辩解,包括犯罪嫌疑人、被告人承认有罪的供述,关于自己无罪、罪轻的辩解和揭发同案被告人的攀供。口供具有一定程度上的客观性,这也是口供得以发挥证明作用的基础。由于口供的来源———犯罪嫌疑人、被告人在刑事诉讼活动中处于绝对的劣势,因此必须对口供的证明力加以限制。     

我国未成年证人服务制度探究

未成年人正处于身心成长的特殊时期,与成年人作为证人参加诉讼不同,未成年人更容易在心理上受到伤害。构建我国未成年证人服务制度,应根据其特点进行机构设置和内容设计,以利于未成年人的身心发展。     

Going beyond data collection in ethnography: Options for bridging the gap between researchers and archivists

Abstract

This article investigates options for bridging the missing link between ethnographic field research and archiving. It interrogates the place of archiving in the entire fieldwork process and the roles played by researchers and archivists in promoting access. While a number of reasons explain the gap between research and archiving, the article identifies lack of collaboration as the main challenge. Borrowing from the postmodernist theoretical framework, the article argues that archivists cannot detach themselves from data collection, because the decisions they make are not objective but personal and subjective. The conclusion and main message are that digital technology, in spite of its many advantages, may not deliver all that it promises to data collection and archiving. There is a need to complement digital technology data collection and archiving with traditional archiving methods because of the latter's reliability and cost effectiveness.     

The Possibility of Liminal Colonial Subjecthood: Yayutz Bleyh and the Search for Subaltern Histories in the Japanese Empire

ABSTRACT

This article examines whether writing histories of colonial subjects is possible. Traditional colonial histories subsume the colonial subject's individual history under a larger narrative of subjugation, which often does not allow room for people to exist outside the dichotomized role of collaborator/resister. This approach has left a gap in the scholarship for histories of colonial subjects whose lives do not easily fit either category. This article addresses this gap by detailing the life of Yayutz Bleyh, an Atayal woman who became one of the most important participants in the Japanese colonial administration of Aboriginal Affairs in Taiwan. For over six years, the author gathered fragmented pieces of information regarding Yayutz from a multitude of sources – visuals, as well as oral and written materials from inside and outside the colonial archive – in order to sketch the contours of an extraordinary woman and her life. Through the process of filtering these disparate sources, it was the silences regarding certain issues and the discrepancies that emerged among sources that proved to be the most revealing about Yayutz as someone who straddled both the world of the colonizer and the colonized.     

Screening and identification of tissue-specific methylation for body fluid identification

Identification of body fluid stains can bring important information to crime case. Recent research in epigenome indicates that tissue-specific differentially methylated regions (tDMRs) show different DNA methylation profiles according to the type of cell or tissue, which makes it possible to identify body fluid based on analysis of DNA. This study screened and identified tDMRs from genome for forensic purpose. DNA samples from blood, saliva, semen, and vaginal fluid were analyzed by methylation sensitive represent difference analysis and Sequenom Massarray^® quantitative analysis of methylation. Six blood-specific tDMRs were obtained. Two tDMRs display blood-specific hypomethylation, and four tDMRs show blood-specific hypermethylation. These tDMRs may discriminate blood stain from other body fluids. The result indicated that tDMRs could become potential DNA markers for body fluid identification.     

Binary logistic regression models enable miRNA profiling to provide accurate identification of forensically relevant body fluids and tissues

Numerous studies have demonstrated the ability to identify the body fluid of origin of forensic biological stains using messenger (mRNA) profiling. However, the size of the amplification product used in these assays (100–400 bases) may not be ideal for use with environmentally degraded samples. MiRNA profiling represents a potential alternative to mRNA profiling, since the small size of the miRNAs (∼22 bases) might still permit their detection in degraded stains. Previously, we reported the first study involving the forensic use of microRNA (miRNA) profiling, which required screening of 452 candidates. Since our initial screening, hundreds of novel miRNAs have been identified. We have therefore evaluated additional miRNA candidates to further improve the sensitivity and specificity of the body fluid assays. Consequently we have expanded our body fluid identification panel to include 18 miRNAs (comprising 5 original and 13 novel miRNAs). This panel permits the identification of all forensically relevant body fluids and, uniquely, includes miRNAs for the identification of skin.Using normalized miRNA expression data, we constructed body fluid specific binary logistic regression models to permit an accurate identification of the body fluid of interest. Using the developed models, we have obtained 100% accuracy in predicting the body fluid of interest.     

被害人陈述与证人证言区别论

被害人陈述与证人证言都属于人证,二者之间的关系极为密切,在我国刑事诉讼法中也有着诸多的共同制度安排,也存在着明显的制度差异.被害人具有当事人与实质证人的双重诉讼角色,虽然没有必须出庭的义务,但却有权全程参与刑事审判,而证人必须是当事人以外的人,在立法上被赋予应当出庭作证的义务,但无权全程参与刑事审判.在证明方向上,被害人陈述具有单向性、控诉性的特征,从而显著区别于证人证言.在主体适格性、庭审质证及作证保障等方面,较之证人证言的相对严密、规范的制度安排,被害人陈述的制度设计有进一步改良的需要.