论口供

口供作为刑事证据之一 ,在案件侦查和审理中所发挥的作用 ,历来为广大办案人员所重视。本文拟对口供的概念、历史、现状、属性、举证责任等进行论述。     

Who Toes the Party Line? Cues, Values, and Individual Differences

This article explores individual differences in citizens’ reliance on cues and values in political thinking. It uses experimental evidence to identify which citizens are likely to engage in heuristic processing and which citizens are likely to engage in systematic processing in developing opinions about a novel issue. The evidence suggests that political awareness crisply distinguishes between heuristic and systematic processors. The less politically aware rely on party cues and not on an issue-relevant value. As political awareness increases, reliance on party cues drops and reliance on an issue-relevant value rises. Need for cognition fails to yield clear results. The results suggest two routes to opinion formation: heuristic processing and systematic processing. Political awareness, not need for cognition, predicts which route citizens will take.     

毒品案件中口供等言词证据的收集及运用

毒品案件审理过程中各类言词证据的收集,既要反对“口供是证据之王”的观点,更不能片面地理解“零口供”,只有全面的掌握案件事实,运用辩证的逻辑推理,才能使言词证据成为认定毒品案件的可靠手段。即:做好毒品犯罪嫌疑人供述和辩解(口供)的讯问笔录;全面收集证人证言;对查获的毒品交专门机构做出定性鉴定结论;言词证据应由实物证据来检验;严禁刑讯逼供和其他非法方式收集言词证据。     

How foreign policy recommendations are put together: A computational model with empirical applications

This paper presents and applies empirically a computational model of the way in which bona fide high level foreign policy recommendations by U.S. policy makers are assembled. We begin by pointing out that policy making can be seen as the connection of certain strings of words to other strings. We then discuss how these connections constitute certain types of foreign policy making phenomena as such. To theorize about such connections, one first needs to specify essential features of these phenomena, and we do so for one phenomenon: bona fide recommendations. We next turn to a discussion of the theory that links together the categories by which these features are represented. That theory explains how certain strings of words are assembled into new proximate goals, missions, and tools. The theory can be modeled computationally using the programming language Scheme, and we next present that model. We conclude by presenting a run of the model, showing the close fit between actual and generated strings.     

Ideology,Learning, and Policy Diffusion: Experimental Evidence

We introduce experimental research design to the study of policy diffusion in order to better understand how political ideology affects policymakers’ willingness to learn from one another's experiences. Our two experiments–embedded in national surveys of U.S. municipal officials–expose local policymakers to vignettes describing the zoning and home foreclosure policies of other cities, offering opportunities to learn more. We find that: (1) policymakers who are ideologically predisposed against the described policy are relatively unwilling to learn from others, but (2) such ideological biases can be overcome with an emphasis on the policy's success or on its adoption by co‐partisans in other communities. We also find a similar partisan‐based bias among traditional ideological supporters, who are less willing to learn from those in the opposing party. The experimental approach offered here provides numerous new opportunities for scholars of policy diffusion.     

Picture–text congruence in translation: images of the Zen master on book covers and in verbal texts

The study aims to demonstrate how cover pictures and verbal texts are congruent with each other in presenting the Zen master Huineng in two English translations of the Platform Sutra. The focus is on the interpersonal/interactive meanings and the analytical tools adopted are systemic functional linguistics and Kress and van Leeuwen’s visual social semiotics. Results show that the visual techniques employed to depict Huineng on the book covers are in consistency with the verbal choices adopted to present Huineng in the translated texts. While the medium to close shot and eye-level angle complement the choice of speaker-plus “we” as dominant interactive subject person, and qualified statements and polite suggestions/commands in Wong’s translation, the very long shot matches the use of speaker “I” and addressee “you”, and categorical statements and direct commands in Cleary’s translation. In this way a consistent image of Huineng is presented in each translation: friendly and willing to be close to the viewer/audience in Wong’s translation, but authoritative and distant in Cleary’s translation.     

论同案犯罪嫌疑人、被告人口供的证据价值

同案犯罪嫌疑人、被告人口供是否具有证据价值,我国法学界与司法实践中对此问题存在不同认识。无论是国外法律,还是我国刑诉法的相关理论,都肯定了其证据的价值在于:一、从定案的角度,只有同案人的口供,没有其它证据证实,不能认定被告人有罪;二、从补充证据的角度,同案被告人的口供在任何情意下都具有相应的价值。     

口头辩论审理样式分析——以程序效率为视角

口头辩论原本是一种审理程序构造，是对书面主义下书面审理制诉讼程序的反动。在程序构造上，口头辩论审理样式表现为一系列以当事人之间口头诉答和法官听取为内容的口头辩论期日。通过口头方式使口头辩论本身蕴含的诸原则得以贯彻落实，并成为其有序高效运营的机理。以口头辩论审理样式为鉴，我国民事诉讼审理程序应从形式到内容贯彻落实口头审理样式蕴含的诸原则，以便使我国的民事审理程序既具口头辩论审理样式的外衣，也具其有序、高效的程序内涵。     

How interest groups influence public opinion: Arguments matter more than the sources

Through what mechanism do interest groups shape public opinion on concrete policies? In this article, three hypotheses are proposed that distinguish between the effect of the arguments conveyed by interest groups and the effect of interest groups as source cues. Two survey experiments on the proposed Transatlantic Trade and Investment Partnership (TIPP) and the 2015 Paris Agreement on climate change allow the testing of these hypotheses. The resulting evidence from several countries shows that, with respect to interest groups’ attempts at shaping public opinion, arguments matter more than their sources. This is so even when accounting for people's trust in the interest groups that serve as source cues and for people's level of information about a policy. The finding that interest groups affect public opinion via arguments rather than as source cues has implications for the literature on elite influence on public opinion and the normative evaluation of interest group activities.     

Implicit Attitudes,Explicit Choices: When Subliminal Priming Predicts Candidate Preference

Citizens are asked to make many judgments in politics, often in the face of scarce information and limited motivation. In making political judgments, citizens may rely upon a variety of cues, including the partisanship, ethnicity, race, or sex of candidates. Some cues, however, are more democratically troublesome than others. Democratic norms of equality suggest that attitudes towards racial or ethnic groups should not influence citizens’ evaluations of candidates. Often, however, attitudes towards these groups do matter. This article identifies a limiting condition on the effect of group attitudes: the presence of a party cue. I demonstrate that attitudes towards Hispanics influence willingness to support a Hispanic candidate, but only in the absence of a party cue. The article also contributes to existing work by analyzing both explicit and implicit measures of attitudes towards groups. Explicit measures include stereotypes and feeling thermometers; implicit measures are derived from a subliminal priming task. Subjects with positive attitudes towards Hispanics (whether these attitudes were measured implicitly or explicitly) were more likely to support the Hispanic candidate, in the absence of party cues. Subjects with negative attitudes towards Hispanics were less likely to support the Hispanic candidate, in the absence of party cues. The presence of party cues, however, eliminates the impact of attitudes towards Hispanics on political choice.