证言真实性的审查与判断——陈述有效性评估技术

在证言研究中有一著名的理论假设:即来自于真实经历的证言与经他人教唆或自己幻想产生的证言是有区别的。现代的法庭科学与司法心理学也证实了"亲身经历过的事件记忆与想象记忆有着质的差异"。建立在上述差异基础上所形成的陈述有效性评估技术,专门用于检测言词的准确性,现已经在一些西方国家得以运用,在个别国家还甚至被运用于刑事领域。     

电子资料真实性审查判断规则之构建

在提出一种电子资料学理分类方法——证明机制分类法(将电子资料分为电子文书、音像资料、系统记录三个大类)的基础上,结合相关电子技术的发展现状与未米的完善措施,分别深入探析了三类电子资料真实性审查判断的基本思路和方法,并构建了相应的具有可操作性的规则。     

The tussle with trust: Trust in the news media ecology

This article offers a conceptual exploration of the changing notion of trust and distrust in today's news media ecology. Central is the question whether the relationship between the traditional media actors, media organisations, journalists and news users, can be increasingly characterised by distrust. Do we really notice a decline in trust in the news media? And moreover, are these feelings of distrust grounded? In order to answer these questions, we look at the changing economic, technological and societal context and how this might explain the strained relationship between these actors. We find that to a large extent the goals of the media actors diverge or even conflict. Mutually bridging these goals is difficult as they boil down to ideological and normative choices. This requires us to reconsider our ways of looking at trust. Therefore, this article's central argument is that a trusted relationship between the media actors is unlikely to result from a definitive settlement between the actor's conflicting goals. Rather, maintaining a trusted relationship is likely to become a matter of constant renegotiation. For this renegotiation to succeed, transparency and integrity are key. We find inspiration in the recent work of Solove (2001), Nissenbaum (2004) and Mansell (2008, forthcoming) to take a different, more contextual approach towards the notion of trust. As regards the relationship between news organisations and users, we suggest these norms should be negotiated in a balanced and transparent way, giving users an equal say in the process. The relationship between journalists and news users should be guided by a mutual interest in truth telling, whereby users are not only merely seen as consumers, but also as potential contributors to news stories. Policy makers in turn should act as facilitators of such spaces of renegotiation.     

Autonomy and Authenticity. On the Aporetic Nature of Time and History: Castoriadis—Heidegger

Abstract

This paper explores the aporetic nature of social and historical being as it emerges from a juxtaposition of the philosophies of Castoriadis and Heidegger with specific emphasis on their meditations on history, individuality and collective being. It is argued that any current attempts to grasp the problems posed by historical time should not overlook the conceptual space opened up by contrasting Castoriadis' theorisation of social-historical praxis as the enactment of autonomy expressed through the emergence of the ‘radically new’ with Heidegger's treatment of authentic historicity as fate and repetition. The attempt of both thinkers to break with the philosophical tradition of the West is examined from the perspective of their conceptions on time and history, while their opposing accounts serve to revaluate the traditional dichotomy between allegedly linear' and ‘cyclical’ conceptions of time. Additionally, it is argued that instead of treating Phenomenological-Hermeneutic and Marxist accounts as adverse and incompatible, our reflections on history and society are enriched by their juxtaposition. Castoriadis and Heidegger present us with the most promising individual cases of thinkers representing these philosophical schools mainly due to their emphasis on the historical dimension of human life and to their overall groundbreaking philosophical elaborations that resist labelling and defy confinement to specific philosophical or epistemic traditions.     

盗窃正版软件标签行为性质界定——以上海首例盗窃COA标签案为视角

COA标签为正版操作系统的合法凭证。盗窃COA标签的行为不涉及侵犯著作权的问题,不构成侵犯著作权罪。盗窃COA标签的犯意不在于故意毁坏财物,不构成故意毁坏财物罪。COA标签载有一定的经济价值,其属性决定其可以成为盗窃罪的犯罪对象,因此,盗窃正版软件标签的行为应以盗窃罪论处。     

Detection of counterfeit antiviral drug Heptodin™ and classification of counterfeits using isotope amount ratio measurements by multicollector inductively coupled plasma mass spectrometry (MC-ICPMS) and isotope ratio mass spectrometry (IRMS)

Isotope ratio mass spectrometry (IRMS) and multicollector inductively coupled plasma mass spectrometry (MC-ICP-MS) are highly important techniques that can provide forensic evidence that otherwise would not be available. MC-ICP-MS has proved to be a very powerful tool for measuring high precision and accuracy isotope amount ratios. In this work, the potential of combining isotope amount ratio measurements performed by MC-ICP-MS and IRMS for the detection of counterfeit pharmaceutical tablets has been investigated.An extensive study for the antiviral drug Heptodin™ has been performed for several isotopic ratios combining MC-ICP-MS and an elemental analyser EA-IRMS for stable isotope amount ratio measurements. The study has been carried out for 139 batches of the antiviral drug and analyses have been performed for C, S, N and Mg isotope ratios. Authenticity ranges have been obtained for each isotopic system and combined to generate a unique multi-isotopic pattern only present in the genuine tablets. Counterfeit tablets have then been identified as those tablets with an isotopic fingerprint outside the genuine isotopic range.The combination of those two techniques has therefore great potential for pharmaceutical counterfeit detection. A much greater power of discrimination is obtained when at least three isotopic systems are combined. The data from these studies could be presented as evidence in court and therefore methods need to be validated to support their credibility. It is also crucial to be able to produce uncertainty values associated to the isotope amount ratio measurements so that significant differences can be identified and the genuineness of a sample can be assessed.     

Candidate authenticity and the Iowa Caucus

Candidate ‘authenticity’ has become a frequent explanation of electoral performance. Yet its study in electoral research has been largely neglected. Building on recent work, we test its relationship with candidate support in the 2020 Iowa Democratic Caucus through a survey of likely Caucus goers. The Caucus offers an ideal setting — a contest focused on candidates and their personalities, in a context having far-reaching political implications. We demonstrate that authenticity perceptions played an important role in individual vote intentions. Indeed, for Biden and Buttigieg perceptions of their authenticity were strongly associated with vote intention even when controlling for other established traits. Warren, unlike the others, benefited indirectly, because her authenticity triggered substantial support among female voters. The performance of the authenticity trait, direct and indirect, points to its pivotal potential in the 2020 presidential campaign.     

The Changing Faces of Contemporary Tourism

Tourism, a domain of considerable importance in the contemporary world, has long been overlooked by social scientists, but has recently become a field attracting a growing body of research. In sociology, the relation between tourism and modernity at first constituted the issue of principal interest, the discourse focusing on the extent to which modern Western tourists seek authentic experiences on their trip. The article discusses the changes in the terms of the discourse, contingent upon the growing similarity of the world in the wake of globalization, the emergence of the “post-tourist,” and the diversification in the composition of tourists, with the growth in the number of travelers from non-Western countries. The question of the limits of the future expansion of the tourist system is raised in conclusion.

新闻的真实性原则与“把关”理论的交汇——从“警察打死大学生”事件谈起

新闻的真实性原则是一个古老而复杂的概念，需要从多层次多侧面来理解。对新闻报道进行把关是一个层层筛选的过程。体现着传媒组织的立场和方针。哈尔滨警察打死大学生的具体事例反映出“把关”对于实现新闻的真实性原则的重要性。     

Forensic applications of stable isotope analysis: Case studies of the origins of water in mislabeled beer and contaminated diesel fuel

This paper describes the use of oxygen (¹⁸O) isotope analysis of water contained in two different materials — beer and diesel fuel — involved in the resolution of two separate cases. In the first case study, it was possible to demonstrate that a sample of beer labelled as premium brand in fact belonged to a cheap brand. The second case related to the contamination of diesel fuel from a service station. The diesel fuel contained visible amounts of water, which caused vehicles that had been filled up with it to become defective. For insurance purposes, it was necessary to determine the source of water. The δ¹⁸O values for the water of nearly all samples of diesel was close to the δ¹⁸O of local tap water at the filling station.