儿童证人问题的心理学分析

在心理认知科学发展的背景下,对儿童作证主体之适格性问题的争论已经转变为对儿童证言的可靠性的判断。儿童证人由于其生理和心理的特点决定了其记忆信息的编码、贮存、和提取方面存在着不足,但不能因此否认儿童作证的适格性。相反,应根据儿童的身心特点,制订出相应可行的实践操作原则以提高儿童证人证言的可靠性。     

论儿童证人

由于儿童具有特殊的生理和心理,对于其作证资格,历来有许多争议。但儿童证人资格属于证明能力问题,而儿童证言可信性则属证明力的问题。由于儿童各方面发育还未完全成熟、稳定,在儿童作证时,有必要采取适当的保护措施,以减轻儿童作证的压力,且可保障儿童证言的质量。     

准确把握政协职能切实提升政协履行职能的能力

全面准确地把握政协职能的科学内涵,是提升人民政协履行职能能力的前提,是人民政协增强履行职能自觉性的必然要求.在全面建设小康社会和构建社会主义和谐社会的新的历史时期,人民政协应切实注重提升履行职能的能力.     

In Search of Master Negotiators: A Negotiation Competency Model

Over the last four decades, the field of negotiation has become a fully recognized academic discipline around the world and negotiation courses and competitions have become increasingly popular. Although it is believed that negotiators may be trained and that negotiation is a skill that can be taught and evaluated, the question of how to assess negotiation performance systematically and comprehensively remains largely unanswered. This article proposes a negotiation competency model for evaluating negotiation performance. The model includes a set of selected negotiation competencies together with proficiency levels and their behavioral indicators. Our goal is to help scholars design more effective negotiation courses and fairer negotiation competitions, improve negotiation pedagogy, and train negotiators who are well prepared to handle conflicts in our increasingly complex society.     

From Active Learning to Taking Action: Incorporating Political Context Into Project-Based,Interdisciplinary, International Service Learning Courses

Educational approaches that enable students to actively and directly participate in “real-world” projects are increasingly recognized as valuable pedagogical tools and, as such, being incorporated into university curriculums worldwide. Though not traditionally associated with political science courses, project-based international service learning presents a tremendous opportunity to bring classroom concepts and theories to life, provide an active approach to addressing international challenges, and assist students in the development of the hands-on, problem-solving, team-based, critical-thinking skills that are increasingly important to employers across all sectors. This article seeks to encourage political science faculty to incorporate international service learning—and/or project-based approaches—into their educational offerings. Through examination of the course Global Synthesis in Liberal Arts and Engineering Studies at California Polytechnic State University, we have identified multiple factors that can help promote successful execution of project-based international service learning as a pedagogical tool, and provide additional suggestions for faculty interested in adopting specific aspects of these educational approaches, and/or in doing so closer to home.     

Exporting to China and ASEAN countries： Perceived advancement in marketing competencies and export performance

Malaysians firms have made inroads into the non-traditional export markets. Such ventures are expected to result in increased knowledge about the marketing systems that are posited to be different from the traditional export markets. This paper reports on the perceived improvement in marketing competencies of Malaysian exporters. The results of data analysis show that there are five dimensions of marketing competency. In ranking order, segmenting and targeting competency is ranked highest followed by product management, export management, product differentiation and promotion. Multiple regression analysis was performed to test the explanatory power of each marketing competency on export performance of firms exporting to China and ASEAN countries. The result revealed that none of the marketing competency explained the variation in export performance for the China market. However, among exporters in ASEAN countries, it was noted that promotion competency resulted in a negative impact on both measures of export performance. Product competency is positively associated with financial measure of export performance. Competencies in segmenting and targeting, and export management are positively associated with non-financial performance.     

辨认结论的证据资格和证明力探讨

辨认结论具有客观性、关联性及合法性,应具有证据资格;辨认结论的证明力应通过辨认结论的可靠性、关联程度等方面进行考量.根据辨识主体的不同,辨认结论应归入证人证言、被害人陈述、犯罪嫌疑人供述与辩解.单一的辨认结论不能作为定案的唯一根据.     

<Emphasis Type="Italic">Commentary</Emphasis>: A Critical Review of Published Competency-to-Confess Measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test–retest reliability, content validity, construct validity, and criterion-related validity.     

英美证据评价制度的定位

近年来,汤维建教授及其同事何家弘教授分别撰文指出,英美法系的证据制度既不属于自由心证制度,也不属于法定证据制度,而是介于两者之间的一种制度。这样的观点不仅为许多学者接受,也对我国的证据制度建构产生了影响。对其观点之依据进行分析发现证据的关联性不同于关联程度,证据关联性的法定性不等于证明力评价的法定性;陪审员的非自由意志也不能成为证据证明力评价法定性的依据。要之,英美证据评价制度是与大陆法系证据制度不同的另一种自由心证制度,受诉讼价值目标以及审判组织结构的影响,我国统一证据法不能采用英美法系的立法模式。     

精神病犯服刑能力评定量表研究

目的制订符合中国法律体系的精神病犯服刑能力评定量表。方法根据鉴定实践,结合中国法律,研究者首先创建了称为“精神病犯服刑能力评定量表”的评定工具,然后再回顾性运用该工具,通过诊断性实验,对该工具的信度、效度及实用性进行了检验。结果该量表同质性信度为0.8779,量表评定与专家评定一致性为0.909,除了阴性似然比为0.0683,其他诊断性指标均大于0.80。结论精神病犯服刑能力评定量表具有较好的实用性。