司法意识形态:能动与克制的反思

能动司法在中国有多种意义,但其基本的含义是超于法律和职权进行司法活动。能动司法因与法治的基本要求不吻合因而不宜作为司法理念,只能作为法律方法层面灵活处理案件的姿态。能动司法不可避免,但对其不能放任,而应该约束。最近提出的能动司法得到了很多赞赏,接受程度很高,这是有历史原因的,当然也是值得警惕的。在依法治国建设社会主义法治国的进程中,能动司法会不会冲击这一方略是我们必须研究的。我国的法治建设刚刚起步,经不起能动司法的折腾。     

中国语境下的刑事证明责任理论

坚持和实践客观真实与法律真实相结合的中国特色诉讼真实观,离不开与其相适应的证明责任理论和制度的支持。在中国语境下,刑事证明责任包括公安司法机关的证明职责和控辩双方的举证责任。坚持法院承担证明职责,就要坚持法院拥有一定范围内的调查证据职权。举证责任包括推进责任和结果责任。在刑事诉讼中有必要在制度上明确结果责任的例外、辩护方承担一定的推进责任、非法证据排除规则中举证责任的分配。     

On the spectroscopic cum chemometric approach for differentiation and classification of inkjet,laser and photocopier printed documents

The potential of ATR-FTIR spectroscopy combined with chemometric methods is explored for the rapid and no-destructive forensic investigation of inkjet, laser and photocopier printed documents. The aim of the present study is to ascertain the source of origin of unknown printed documents, i.e., whether it belongs to the laser or inkjet or photocopier devices and also to visualize the intra-variations present in the same types of printed documents. It is observed that these printing inks contain polystyrene, bisphenol A, methyl acrylate and aromatic ethers as the main chemical constituents. The standard normal variate normalization is performed in order to eliminate the differences caused by the amount of toner powder/inks. The discrimination among printed documents is achieved by using chemometric methods including hierarchal cluster analysis and principal component analysis. Further, linear discriminant analysis is used to classify the unknown printed documents into its respective class of printing devices. The present methodology provides robust, non-destructive, reproducible, and simultaneous identification methods for printed documents.     

Investigation of the new possibility of mathematical processing of Raman spectra for dating documents

The use of spectral analysis methods to determine the age of writing inks is an important forensic task. However, the use of spectral data for this purpose has a number of limitations and difficulties. This paper considers the application of the Raman spectroscopy method to an urgent forensic task. The known mechanisms of dye degradation are analyzed; Raman bands are identified that are related to the age of the sample. In a sample of 5 randomly selected writing inks, temporary markers were identified. Narrow sections of Raman spectra containing characteristic lines were used for analysis. It was shown that processing narrow sections of the Raman spectra using the PCA chemometric method allowed the separation of writing inks into groups (clusters) corresponding to different creation intervals.     

The Disruptive and Transformative Potential of Hypertext in the Classroom: Implications for Active Learning

This article describes a further extension of a strategy to move from a teacher-oriented to a student-oriented learning environment through the use of 'collaborative hypertext.' Students were trained in the use of MidasWeb, a Web-based environment for the organization, storage, and retrieval of hypertext documents and images. Over the course of the term students worked in teams to construct their MidasWeb sites by developing the underlying conceptual frameworks for their subject areas and uploading documents. The results of questionnaire surveys of the students suggest that the MidasWeb exercise did achieve our objective of disrupting the traditional relationship between teacher and student to create a more student-centered environment. The more students became involved in the exercise the more they felt empowered with respect to the subject matter of the course and took responsibility for deriving meaning from the information they had obtained. In addition, the experience encouraged them to think about the subject matter across interdisciplinary lines. Because the MidasWeb exercise was structured as a group activity, the effectiveness of the team coordinators had an impact on the success of the teams as well as the nature of the learning experience of the individuals involved. Although the MidasWeb exercise was a successful application of digital technology to classroom learning, it was not a resounding success, because the impact on the students in the course was not uniform. While a substantial majority of them found MidasWeb to be very involving and moved toward student-centered learning, approximately one third of them, especially students who were uncomfortable with computer technology, did not benefit fully from the exercise. This suggests that in the future more time should be spent on training, and that MidasWeb needs to be made more user friendly for unsophisticated users.     

Stimulating Simulations: Making the European Union a Classroom Reality

This article examines the organization and development of the Mid-Atlantic European Union Simulation Consortium (MEUSC), with special emphasis on linking theory to practice within its simulation program. The MEUSC program, initiated in 1993, brings fifteen colleges and universities to Washington, D.C., each December for an intercollegiate experiential learning exercise on the European Union. During the simulation, students meet with professional diplomats from both the United States and Europe, and they engage in consensus-building activities that mirror the decision-making processes of the EU Commission, Parliament, Council of Ministers, and the European Council. As a result, participants are able to refine and enhance a range of academic and practical skills that are keys for success in today's political and business worlds. The authors of this article make special use of a survey that was undertaken to gauge the impact of the simulation on its participants and, thus, its success as an educational venture.     

论新疆多元民族文化的多源生成与发展

新疆地处欧亚大陆的腹地,作为民族迁徙的走廊,多民族聚居杂处、共同发展,各民族文化在这里相互影响、相互渗透、相互交融,形成了新疆民族文化多源生成、多元并存与发展的文化体系,并体现出鲜明的民族特色。     

Teaching Students How to Fail: Simulations as Tools of Explanation

Instead of always teaching students how to succeed—as is the norm in higher education—it might also be useful to teach them about failure. Understanding failure (that is, why actors fail to reach common objectives in inter-group settings) gives students deeper insight into how to resolve global problems, and the conditions under which success can be achieved. This enhances student awareness of complexity in world affairs, including the nature of inter-group relations. Simulations are a good way to teach students about the possibility of failure, and how to learn from it, because they allow students to go through the learning process on their own. In this article I discuss how a simulation I ran on Middle Eastern politics can be used as an example of how to instruct students about failure as much as about success.     

Culture and Negotiation: The Pedagogical Dispute Regarding Cross-Cultural Simulations

This article examines one especially challenging aspect of active-learning international studies courses—the use of cross-cultural simulations. What is the significance of culture for negotiation? What difficulties might cross-cultural negotiations pose, and how might negotiators work with cultural differences to achieve successful outcomes? Is it possible to model the effects of cultures on negotiators in a classroom role-play? What are the advantages to using cross-cultural simulations, and what difficulties do they entail? How might an instructor make best use of materials that focus on cultural issues and their effect on negotiation? When teaching students of different cultures by active-learning methods, what ought an instructor to bear in mind? What cross-cultural simulations are available, and what readings might be assigned to accompany them?     

Chinazambia and Boliviafranca: A Simulation of Domestic Politics and Foreign Policy

Despite a longstanding focus on the systemic distribution of power in the study of international relations, scholarship during the past 20 years increasingly emphasizes the role of domestic politics in foreign-policy-decision making. This simulation enables participants to experience negotiating an international issue—a territorial dispute between two fictitious states, Chinazambia and Boliviafranca—in the context of this "two-level game" between domestic and international environments. The simulation furnishes a vantage point from which students can assess realist, liberal, and alternative theoretical perspectives on international relations as they affect policy making. The simulation is flexible and can be executed under a variety course contexts, as well as time and participation constraints. Additionally, the simulation provides ample opportunity for a number of enriching postsimulation activities.