论审判视角下冤假错案产生的原因及其防范对策

冤假错案作为司法案件的残次品,其发生对司法公正及法律权威有严重的负面影响。由于审判机关具有诉讼过程中对案件最后把关和定性的特殊职能,因此切实发挥审判职能对冤假错案的防范具有举足轻重的作用。文章通过实证分析审判机关防范冤假错案存在的主要问题,从建立以审判为中心的诉讼模式,健全非法证据排除措施、强化审查过滤职能,排除权力干扰、理性应对民意,加强律师保障、重视抗辩作用,完善二审机制、解决申诉难题等多维视角探寻防范路径,以期对冤假错案的防范有所裨益。     

Differential understanding of sexual abuse prevention concepts among preschoolers

Most evaluations of sexual abuse prevention programs employ composite knowledge scores that may mask whether individual skills are differentially understood. The few studies examining separate skills have provided no statistical justification for doing so. This study attempted to validate empirically distinct prevention skills and whether children comprehend these skills in the order taught by prevention programs: RECOGNITION (of good and bad touch), SAY-NO (refuse the perpetrator), GO (leave the situation), TELL-WHO (find an adult), and TELL- WHAT (accurately disclose the abuse). Subjects were 117 preschoolers who were individually administered the “What If Situations Test” (WIST). Analyses confirmed that the WIST was composed of six skills. The hypothesized sequence of skills produced a high coefficient of reproducibility, but an even higher coefficient was obtained when three common sequence reversals were added to the existing logical sequences. We discuss explanations for these cognitive sequence reversals and applications of this information for teaching preschoolers prevention concepts.     

基于CMM/CMMI的DP过程实施方法及其WEB实现

CMM/CMMI的关注点在于过程改进,即通过改进过程来改进产品。但CMM/CMMI只描述了一个成熟组织应具有的软件过程能力,却没有指出如何取得这种能力的具体方法。由于没有过程能力的具体实施方法及缺乏支持工具,一些通过CMM/CMMI的企业的过程能力并未达到预期效果。针对这一问题,对如何实现CMM/CMMI中原因分析与解决方案过程域的主要目标进行了深入分析,提出一种简洁、易实施并具有一定通用性的缺陷预防(Defect Prevention,DP)实施方法,并介绍了基于该方法的DP过程支持工具的WEB实现。     

Evaluation of Jigsaw,a cooperative learning technique

Cooperative learning techniques have been promoted for the development of academic and social competencies. One such technique, Jigsaw, creates cooperation by structuring student interdependence through the learning task, rather than through the grading system. A process and outcome evaluation of Jigsaw was conducted. Eleven teachers of fifth-grade classes received Jigsaw in-service training and conducted Jigsaw in their classes over a school year. Students in 13 other fifth-grade classes served as a comparison group. Students received a pretest and a post-test assessing attitudes toward self, peers, and school, and achievement and attendance records were collected. The process evaluation revealed that the quality and frequency of Jigsaw implementation varied greatly. Jigsaw failed to have a positive effect on the outcome variables, even for the five classes where it was implemented proficiently. The results, which are consistent with an earlier study (J. Moskowitz, J. Malvin, G. Schaeffer, & E. Schaps, 1983, American Education Research Journal, 20, 687–696), are discussed in terms of a theoretical shortcoming of this technique.     

永州民间防暑的野生植物

本文探讨几种永州市民间利用的具有清热防暑作用的植物及其简单用法,夏枯草、淡竹叶、金银花、鱼腥草等18种植物;充分证实了湘南古城——永州市人认识植物和利用植物的传统文化;有利于把民间用来防暑的植物与用法开发为人们春夏食用的现代绿色食品。     

侵犯商业秘密罪之重构及立法完善

随着市场经济和经济全球化的发展,商业秘密的法律保护愈加重要。我国现行法律体系下,民事法律、行政法律及刑事法律对商业秘密的保护均有涉及,我国现行刑法第二百一十九条规定了侵犯商业秘密罪,但存在一定的问题,借鉴美国的立法经验,分析我国立法存在的问题并提出相应修订建议。     

代谢综合征的饮食预防

民以食为天,在这快节奏时代里,代谢综合征呈上升趋势.从饮食下功夫,管住自己的嘴.严格按标准执行营养素,让体重保持在理想范围内,使此病不再曼延并控制各种并发症的出现,显示饮食预防极关重要.     

积极融入新冠肺炎疫情防控大局,切实创新非常时期服务策略——全国高校图书馆疫情防控期间服务创新情况调研报告

基于29个省、自治区、直辖市高校图工委关于高校图书馆在新冠肺炎疫情防控期间开展服务情况的调研报告,以及11个高校图书馆在此期间开展的支撑在线教学服务情况的报告,总结了全国高校图书馆在疫情防控期间为保护读者和馆员健康、保障高校在线教学和科研顺利开展而推出的一系列应急措施和创新型服务。     

Stopping abuse before it occurs: Different solutions for different population groups

This paper reports on a conference at which participants reviewed indepth the literature on child abuse prevention and child development, as it pertains to different cultural and ethnic population groups, and identifies alternative prevention strategies for these different groups. The efficacy of the following interventions are analyzed: perinatal support programs, education for parents, treatment for abused children, early and periodic childhood screening and treatment programs: social skills training for children and young adults; mutual aid programs and neighborhood support groups; family support services such as crisis care; public information about child abuse and community development activities such as employment assistance. The paper concludes that although treatment services for different groups may be quite similar, prevention strategies must take account of the individual and unique values, norms and socialization patterns of different groups.     

Optimising implementation of reforms to better prevent and respond to child sexual abuse in institutions: Insights from public health,regulatory theory,and Australia’s Royal Commission

The Australian Royal Commission Into Institutional Responses to Child Sexual Abuse has identified multiple systemic failures to protect children in government and non-government organizations providing educational, religious, welfare, sporting, cultural, arts and recreational activities. Its recommendations for reform will aim to ensure organizations adopt more effective and ethical measures to prevent, identify and respond to child sexual abuse. However, apart from the question of what measures institutions should adopt, an under-explored question is how to implement and regulate those measures. Major challenges confronting reform include the diversity of organizations providing services to children; organizational resistance; and the need for effective oversight. Failure to adopt theoretically sound strategies to overcome implementation barriers will jeopardize reform and compromise reduction of institutional child sexual abuse. This article first explains the nature of the Royal Commission, and focuses on key findings from case studies and data analysis. It then analyzes public health theory and regulatory theory to present a novel analysis of theoretically justified approaches to the implementation of measures to prevent, identify and respond to CSA, while isolating challenges to implementation. The article reviews literature on challenges to reform and compliance, and on prevention of institutional CSA and situational crime prevention, to identify measures which have attracted emerging consensus as recommended practice. Finally, it applies its novel integration of regulatory theory and public health theory to the context of CSA in institutional contexts, to develop a theoretical basis for a model of implementation and regulation, and to indicate the nature and functions of a regulatory body for this context.