拉曼光谱成像技术检验朱文时序时印文油墨种类对检验结果的影响

目的考察在运用拉曼光谱阵列面扫描检验朱文时序的方法中印文油墨种类对检验结果的影响。方法根据拉曼谱图的不同对搜集的21种印泥印油进行扫描并分类,采用拉曼光谱阵列面扫描技术对印泥印油与同一书写笔形成的朱文时序样本进行检验。结果 21种印泥印油被分为11类,21种印泥印油与蓝色签字笔形成的朱文时序样本都得到了良好的检验结果。结论印文油墨种类用拉曼光谱阵列面扫描检验朱文时序的检验结果没有影响。     

我国刑事强制措施制度的现状及完善

刑事强制措施制度的本质体现了实现刑罚与保障人权的对立统一关系,在实现国家刑罚的同时要最大限度的实现人权保障。我国现行刑事诉讼立法对刑事强制措施的采用规定了较为严格的条件和程序,但该制度仍存缺陷及不足,有必要在立法上进一步完善。     

Study on the Method Used to Display Self‐fading Lines and Erasable Lines

Two new kinds of writing tools are popular in China's market. One is a self‐fading pen, and another is an erasable pen. The ink of the two kinds of writing tools has a remarkable characteristic that it can gradually fade or disappear under heat or be rubbed off. How to reveal the disappeared written lines is a very important question for document examiners. In this article, three series of ink line samples were made with five types of self‐fading pens, 18 types of erasable pens, and three types of papers. Temperature, humidity, and lighting are known as influential factors of the process, and the effect of fading was examined. Luminescence, ultraviolet (UV), sidelight, electrostatic indentation development,low temperature, and solution revealing methods are found to be effective methods used to reveal the disappeared written lines. The best operating conditions for each method were obtained from the conducted experiments.     

Vectors of traumatic memories and mass-mediated representations of the ‘last’ Nazi trial of John Demjanjuk

This is an ideological critique of key vectors of memory that could have circulated during the Munich trial of John Demjanjuk. While many members of the mainstream press applauded the efforts of German prosecutors who seemed to be dispensing belated justice to Europe’s ‘second generation,’ the circulation of these select legal vectors left us truncated World War II histories. Moreover, the binary choices that were posed stood in the way of more comprehensive and nuanced studies of Stalinism, Nazi and collaborator culpability.     

我国特色的劳动争议仲裁终局化之理念和制度架构——《劳动争议调解仲裁法》第47条释正

《劳动争议调解仲裁法》第47条规定了一种有条件、有限制的终局裁决制度,它不仅引起了必要的条文上的规范分析,也带来了学术上的仲裁终局化畅想.从第47条出发来认识我国劳动争议仲裁的终局化,要认识该条文在实施中的制度性和技术性问题,要兼顾劳动仲裁制度的一般法理,更要把握住我国劳动争议仲裁终局化中给予劳动者倾斜性保护以及提升劳动争议解决效率的务实理念.在学理上,强拉硬拽的或裁或审、一裁终局观念只会弱化仲裁的作用,不符合我们强调调解、仲裁的国情.继续强调第47条背后仲裁和审判的平衡观念,有利于明晰独具我国特色的劳动争议仲裁终局化之理念和制度架构.     

Beyond normative constraints: Declining institutionalism and the emergence of substantive and procedural justice

Popular notions of what it means to be put on trial invariably generate thoughts of the adversarial criminal trial, most often before a judge and jury. However, the criminal trial as the site for the testing of evidence of wrongdoing via a model of proof that proceeds according to prescribed processes in a normative institutional milieu is in decline. Controversially, this decline has been met with resistance from the legal profession, academics, policy makers and other stakeholders seeking to preserve the due process model that defines the criminal trial as an adversarial exchange between state and defendant. While the due process model continues to dominate as popular conceptualisation, the twenty-first century criminal trial has changed to such an extent that it is no longer seen as the quintessential form for the meting out of procedural fairness and testing of state's evidence, that emerged toward the end of the seventeenth century. Rather, the rise of control orders, modifications to the law of evidence, and the right of the accused to confront their accuser, together with the inclusion of non-traditional agents of justice, specifically victims and the community, has brought forward an era of substantive and procedural justice that lies beyond the normative constraints of the criminal trial. Robed counsel and bewigged judges beware; the advent of substantive and procedural justice has allowed for greater innovation transgressing the orthodoxies of criminal law in common law systems of justice. This paper will consider the virtues of the introduction of a transgressive criminal procedure.     

书面询问制度在日本的移植及其启示

书面询问是德日民事诉讼中证人不出庭情况下的一种证据调查方法。与证人仅仅单方面提供书面证言不同,它通过书面问答的方式,尽可能实现法官与证人、当事人之间的实质交流。书面询问是直接主义、口头主义的例外,在适用条件和程序上有严格的限制,该方法与其他措施一起构成证人不出庭情况下的特殊证据调查体系。日本从德国移植该项制度并根据本国实际情况进行类型化设计,对我国相关司法问题的解决有重要启示。     

减刑假释案件开庭审理程序的完善

减刑假释案件的审理并不是一种纯粹的诉讼,而是对执行机关提出的减刑假释建议的一种司法审查。文章指出减刑假释审理程序应从四个方面加以完善,特殊罪犯减刑假释案件的庭审程序与普通罪犯相比应有所差异。     

A Clinical Trials Recruitment Education Program for Immigrant Chinese Americans

Abstract

This study was designed to develop and evaluate a community-based education program to facilitate enrollment of immigrant Chinese into clinical cancer screening trials. The program included workshops with culturally tailored health education materials. It was piloted to recruit persons into an ongoing lung cancer screening trial from a senior citizen center in Manhattan's Chinatown and compared with a control program at a second senior center. Survey results from a convenience sample of seniors showed that the workshop raised awareness about cancer screening and clinical trials. However, it did not change attitudes towards cancer screening. The results highlighted prior focus group findings in which factors influencing participation in cancer screening and clinical trials are similar. Important facilitative factors include doctor recommendation, friend/family recommendation, the belief that early detection could “save lives,” no cost, and having an-interpreter.     

Criminal Court-Ordered Psychiatric Evaluations:Does Gender Play a Role?

This study examines potential gender differences among defendants referred by criminal courts for psychiatric evaluations by analyzing demographic, clinical, and criminal history variables and evaluation findings. This study offers a large sample size of 718 females, as well as 3,627 males. Bivariate logistic regression and heterogeneity analyses were utilized to assess potential differences. Females were older; diagnosed more with mood, anxiety, and borderline personality disorders; less likely to have prior felony convictions; and more likely to be in the community than jail at the time of the evaluation. In addition, when controlling for other factors, females were more likely to be evaluated as having a mental disease or defect, to need hospitalization pending trial, and to be incompetent to stand trial.