试论司法会计勘查

大量经济犯罪的产生,需要对所涉及的会计资料进行勘查。本文对司法会计勘查的概念、原则、内容、方法加以探讨,以期对实际工作有所裨益。     

两大法系犯罪论体系的比较与借鉴

犯罪构成体系是刑法理论体系的核心,有“刑法理论体系王冠上的宝石”之美誉。当今世界,以德、日为代表的大陆法系的犯罪论体系和英美法系的犯罪论体系颇有影响。本文分析了两大法系犯罪论体系的构造,比较了两大法系犯罪论体系的异同,并就两大法系犯罪论体系对我国犯罪构成体系的借鉴意义作了探讨。     

Voter perceptions of coalition policy positions in multiparty systems

A growing body of research shows how voters consider coalition formation and policy compromises at the post-electoral stage when making vote choices. Yet, we know surprisingly little about how voters perceive policy positions of coalition governments. Using new survey data from the Austrian National Election Study (AUTNES), we study voter perceptions of coalition policy platforms. We find that voters do in general have reasonable expectations of the coalitions' policy positions. However, partisan beliefs and uncertainty affect how voters perceive coalition positions: in addition to projection biases similar to those for individual party placements, partisans of coalition parties tend to align the position of the coalition with their own party's policy position, especially for those coalitions they prefer the most. In contrast, there is no consistent effect of political knowledge on the voters' uncertainty when evaluating coalition policy positions.     

Revisiting the ideological congruence controversy

One of the limits of previous studies using respondents’ self‐placements and subjective party placements to examine levels of citizen‐government congruence is that they were limited to the post‐1995 period. This article extends the number of elections where it is possible to examine levels of citizen‐government ideological congruence with a survey‐based approach. In particular, a unique dataset has been collected that combines data from the Comparative Study of Electoral Systems and several national election studies. The results confirm recent studies that show that levels of citizen‐government ideological congruence are similar under majoritarian and proportional representation (PR) systems. Such studies, however, did not provide evidence that congruence is maintained over the course of a government's mandate. This article introduces, therefore, two measures of citizen‐government congruence that address this issue and that may revive the debate about which electoral systems strengthen the citizen‐government connection: citizen‐government congruence at the end of government mandates and change in congruence between elections. The results indicate that governments stay closer to the median citizens between elections under PR systems than under majoritarian systems. It is found, however, that this decrease in congruence in majoritarian systems is not detrimental to the point of observing smaller levels of congruence at the end of government mandates under majoritarian systems than under PR systems.     

Investigation of Ballistic Evidence through an Automatic Image Analysis and Identification System

Automated firearms identification (AFI) systems contribute to shedding light on criminal events by comparison between different pieces of evidence on cartridge cases and bullets and by matching similar ones that were fired from the same firearm. Ballistic evidence can be rapidly analyzed and classified by means of an automatic image analysis and identification system. In addition, it can be used to narrow the range of possible matching evidence. In this study conducted on the cartridges ejected from the examined pistol, three imaging areas, namely the firing pin impression, capsule traces, and the intersection of these traces, were compared automatically using the image analysis and identification system through the correlation ranking method to determine the numeric values that indicate the significance of the similarities. These numerical features that signify the similarities and differences between pistol makes and models can be used in groupings to make a distinction between makes and models of pistols.     

Death by compaction in a robotic dumpster

Robotic waste management automation systems are increasingly utilized around the globe as a user-friendly, ecological and hygienic alternative to waste disposal, simultaneously reducing the volume and frequency of waste collection. The present paper aims to report a case of death by compaction in an automated robotic waste management system and review relevant literature on compactor-related fatalities. The unusual fatal accident involved a 37-year-old male citizen who deliberately entered the robotic dumpster to retrieve his accidentally discarded medication. Upon entering the robotic chamber, the compaction system was automatically activated, although all safety measures were in full operation. This paper highlights the lack of standardized reporting on compactor-related mortality, which however is of importance both in terms of its social impact and public safety. These deaths occur rarely, in scattered areas of the globe, associated with various situations (e.g., occupational fatalities, homeless people, infanticide) and trash compactors of different types, technology, age, maintenance quality, warning signage and safety interlocks. In all previously reported fatalities, the technology involved was considerably older (as in conventional waste containers, garbage compaction trucks, chute-fed compactors in buildings, etc.). The case described in the present report is a rare event in both literature and international news coverage as it encompasses a fully automated technology intended for unsupervised, direct use by the public being located in public spaces where all citizens can interact with it. The aim of this report is to raise awareness and improve knowledge about safety parameters so that similar incidents can be avoided in the future.     

The emperor has no clothes: A systemic view of the status and future of child custody evaluation (CCE)

For all of the time, effort, and money invested in child custody evaluation (CCE) and for all of evaluators' emphases on collecting empirically sound data, CCE is not itself an empirically robust process. The reliability, validity, efficacy, and efficiency of CCE has never yet been adequately demonstrated. The science has yet even to define and measure the variables that constitute a healthy family, much less how one is to measure and recommend changes for conflicted systems in the midst of tectonic transitions. This article proposes five ways in which family law professionals and the culture at large should work to better serve the needs of our children: (1) the establishment of proactive parenting and co-parenting education intended to diminish the frequency and magnitude of family conflict and improve the quality of child and family functioning; (2) the introduction of organized incentives that motivate healthy parenting and co-parenting practices as opposed to negative consequences that do too-little, too-late; (3) a greater emphasis on social equity, cultural humility, and universal professional training; (4) the creation of ethical guidelines that disconnect continuing conflict from professional income; and (5) outcome research that feeds back into the evolution of these and related processes.     

我国反垄断法实施制度问题思考

本文对《反垄断法》实施制度的选择及其利弊进行了分析,认为需要在既有规则之下调整有关部门职权,使反垄断权力相对集中于综合性执法机关;同时,也探讨了反垄断执法机构与行业主管部门或监管机构的关系问题,认为两者在反垄断方面既应有分工,又应有合作;此外,作者还强调发挥反垄断执法机构在制止滥用行政权力排除、限制竞争中的作用。     

论公诉案卷移送制度

公诉是连接侦查和审判程序的枢纽,对侦查权和审判权的行使起着重要的作用。案卷移送是我国公诉案件中的一个环节,涉及庭审的实质化、审判中心主义、审判权与检察权的关系等多个方面,是一个复杂的问题。审判方式改革决定了移送案件材料的数量和时间,反过来移送材料的数量和时间又会直接影响到审判方式改革的力度甚至成败。因此,案卷移送制度的研究具有重大的现实意义。