鉴定意见的采信标准

鉴定意见是我国诉讼法中证据种类的一种,对案件事实的认定具有重要的作用。由于鉴定意见具有较强的专业性,不同于其他证据可以由法官凭借法理与经验判断,需要借助于专业知识的判断;且正是由于它的专业性带来的权威性导致其对于案件的审判具备超乎其他证据更强的证明力,所以法院应该更加注重对鉴定意见的审查。法院在决定是否采纳鉴定意见时,可以从证明能力和证明力两方面进行考察,通过专家证人出庭、鉴定意见质讧等方式以确保鉴定意见的合法性,从而有效合法地适用鉴定意见证据,最终保障当事人的诉讼权利。     

To Think or Not To Think: The apparent paradox of expert skill in music performance

Abstract

Expert skill in music performance involves an apparent paradox. On stage, expert musicians are required accurately to retrieve information that has been encoded over hours of practice. Yet they must also remain open to the demands of the ever-changing situational contingencies with which they are faced during performance. To further explore this apparent paradox and the way in which it is negotiated by expert musicians, this article profiles theories presented by Roger Chaffin, Hubert Dreyfus and Tony and Helga Noice. For Chaffin, expert skill in music performance relies solely upon overarching mental representations, while, for Dreyfus, such representations are needed only by novices, while experts rely on a more embodied form of coping. Between Chaffin and Dreyfus sit the Noices, who argue that both overarching cognitive structures and embodied processes underlie expert skill. We then present the Applying Intelligence to the Reflexes (AIR) approach—a differently nuanced model of expert skill aligned with the integrative spirit of the Noices’ research. The AIR approach suggests that musicians negotiate the apparent paradox of expert skill via a mindedness that allows flexibility of attention during music performance. We offer data from recent doctoral research conducted by the first author of this article to demonstrate at a practical level the usefulness of the AIR approach when attempting to understand the complexities of expert skill in music performance.     

Play and practice in the development of sport‐specific creativity in team ball sports

Current theoretical approaches regarding the development of creativity support the view that gathering diversified experience over years is an ideal medium for creative thinking. This study examined the role of practice conditions in the development of creative behavior in team ball sports. Twelve trainers selected the most creative and the least creative players from their teams. These athletes (n=72) provided information about the quantity and type of sport‐specific and other related practice activities undertaken throughout their careers. Results indicated significant differences between the groups for time spent in unstructured play activities and a marginally significant difference for total time spent in training for their main sport. In both cases, more creative players accumulated more time than their less creative counterparts.     

A social recommendation method based on an adaptive neighbor selection mechanism

Recommender systems are techniques to make personalized recommendations of items to users. In e-commerce sites and online sharing communities, providing high quality recommendations is an important issue which can help the users to make effective decisions to select a set of items. Collaborative filtering is an important type of the recommender systems that produces user specific recommendations of the items based on the patterns of ratings or usage (e.g. purchases). However, the quality of predicted ratings and neighbor selection for the users are important problems in the recommender systems. Selecting suitable neighbors set for the users leads to improve the accuracy of ratings prediction in recommendation process. In this paper, a novel social recommendation method is proposed which is based on an adaptive neighbor selection mechanism. In the proposed method first of all, initial neighbors set of the users is calculated using clustering algorithm. In this step, the combination of historical ratings and social information between the users are used to form initial neighbors set for the users. Then, these neighbor sets are used to predict initial ratings of the unseen items. Moreover, the quality of the initial predicted ratings is evaluated using a reliability measure which is based on the historical ratings and social information between the users. Then, a confidence model is proposed to remove useless users from the initial neighbors of the users and form a new adapted neighbors set for the users. Finally, new ratings of the unseen items are predicted using the new adapted neighbors set of the users and the $top\_N$ interested items are recommended to the active user. Experimental results on three real-world datasets show that the proposed method significantly outperforms several state-of-the-art recommendation methods.     

Adaptive Functioning in Williams Syndrome: A Systematic Review

Literature on the level of adaptive functioning and relative strengths and weaknesses in functioning of individuals with Williams syndrome (WS) was reviewed. The electronic databases PsycINFO, PubMed, Expanded Academic, Web of Science, Scopus and ProQuest were searched electronically for relevant articles and dissertations using the search terms ‘Williams syndrome’ or ‘Williams-Beuren syndrome’ combined with ‘adaptive function*’, ‘adaptive behavio*’, ‘independ*’ and ‘autonomy’. Selection criteria included English language articles, theses and book chapters, participants with a diagnosis of Williams syndrome and inclusion of a standardised assessment of adaptive functioning. Twenty-two published articles and two PhD. dissertations (one subsequently published as a poster presentation) met the selection criteria for inclusion in the review. Fifteen investigated adaptive functioning in children and adolescents aged up to 19 years of age, five investigated adaptive functioning in adults and four included participants across a wider age range and included both children and adults. Along with identifying methodological issues, the review addressed the following areas: overall level of adaptive functioning in WS, domain strengths and weaknesses, evidence of heterogeneity, relationship to intellectual ability, changes with chronological age, relationship with maladaptive behaviour, gender differences and the potential influence of environmental factors which may be related to adaptive functioning in WS.     

教师教学专长研究如何走出困境?——柯林斯与德雷弗斯专长研究比较及启示

伴随人工智能、人机工程学、认知心理学等学科的探索,近年来教育学界对教师教学专长问题的研究也取到了长足的进展,但研究中存在着专长概念窄化、层次划分区分度低、忽视具体的教学情境、淡化教学实践的多样性、田野研究缺乏等问题,致使"教师教学专长"与"教师专业发展"相混淆,相关研究难以再深入下去。科学知识社会学家哈里·柯林斯和科学哲学家休伯特·德雷弗斯分别基于不同的研究样本,采用不同的理论视角与研究方法,对与专长密切相关的知识转移、意会知识、专长分层及其他相关问题均进行了深入、独到的研究,分析、比较两者的探索,对于教师教学专长研究走出目前的研究困境有着重要的理论价值和实践意义。