非法证据排除规则路径探析

在我国,非法证据仅仅限于言词证据。就刑事诉讼而言,非法证据并非完全没有实用价值,它往往对证明案件的真实情况具有重大意义。域外的司法实践中,对哪些证据进行排除以及怎样排除是比较复杂的并且充满争论的。在中国的特殊语境中,要建构符合国情的非法证据排除制度,我们认为收集程序不合法的证据不能作为控诉被告人以及对被告人定罪量刑的主要证据;在非法证据规则排除的模式问题上,应当采用原则加例外的做法。     

Spanish university assessment practices: examination tradition with diversity by faculty

Classroom assessment is crucial to understand how students approach course materials, even more so in a competitive environment such as higher education. Our aim was to explore the current situation of assessment in higher education to consider further institutional and training actions. Every syllabus from all public universities in Spain was entered into a database, from which 1,693 syllabi were selected completely at random for a content analysis. It was found that: (1) university teachers use a greater variety and number of assessment instruments than did their counterparts of decades ago, (2) final examination score is still the highest-weighted source of information for the final grade, (3) the cluster of assessment practices show that conventional approaches are still the most prevalent ones, (4) formal peer and self-assessment practices are still extremely rare in the classroom, (5) assessment practices barely change between first and fourth-year courses, and (6) most variations in assessment are explained by differences on faculty/academic divisions. This research has implications for European legislation, university regulation and university teacher training programmes.     

Implementing curriculum evaluation: case study of a generic undergraduate degree in health sciences

This case study presents a longitudinal, evidence‐based approach to health science curriculum reform and evaluation. Curriculum in higher education must meet the needs of diverse stakeholders and must respond to dynamic local, national and international contexts, and this creates challenges for evaluation. The long lead time prior to the introduction of new or revised university curriculum (at least two years), the length of degree programmes (three to five years) and the lag time in the availability of objective indicators of degree outcomes (at least one year post‐graduation) mean that findings may be obsolete before an evaluation can be completed. Few would argue that evaluation is important and methods and approaches for conducting curriculum evaluation are proposed in the literature, although few published reports of the outcomes of comprehensive evaluations are evident. This paper discusses potential for evaluation to establish responsive communication between students, teaching staff and programme administrators, ensuring a match between the intended, implemented and attained curriculum.     

Presidential address: Power and privilege in education: The perpetual problem of social class

Abstract

... white settlers require native servants, they can only ensure a continuous supply by seeing to it that the servants are kept in a state of decided educational inferiority. To educate them ... (would) inculcate such mischievous and intolerable ideas as democracy, the brotherhood of man, human freedoms and the like (Wellington, 1967, p. 391)

In 1990, after sixty‐seven years of apartheid rule Namibia gained independence from South Africa. The quote above illustrates the influences of political, socio‐economic and ideological factors on the development of Bantu education in Namibia [and South Africa], which sought to entrench and maintain the system of apartheid. The paper will explore the influences of these macro‐factors, specifically on teaching and learning, on the Bantu and other phases of education throughout Namibian history i.e. indigenous education, missionary education and education for all.     

Teaching Research Methodology Through Active Learning

To complement traditional learning activities in a masters-level research methodology course, social work students worked on a formal research project which involved: designing the study, constructing measures, selecting a sampling strategy, collecting data, reducing and analyzing data, and finally interpreting and communicating the results. The final product was accepted in a respected, peer-reviewed journal. In the hopes of motivating social work educators to use active learning strategies when teaching research methods and to provide some pragmatic advice on how to do so, this article presents students' perceptions of involvement and lessons learned by the instructor. Through open- and closed-ended questions, students reported that involvement was meaningful, promoted understanding of research, strengthened relations among students, and made learning more exciting. Additionally, 41% of students reported that work on the project increased their interest in pursuing doctoral level work. Students also reported that engagement was time-consuming, stressful, and occasionally frustrating. Pragmatic suggestions about how to incorporate a formal research project with teaching are given based on experiences of the students and instructor.     

Questioning the evidence for a claim in a socio‐scientific issue: an aspect of scientific literacy

Understanding the science in a ‘socio‐scientific issue’ is at the heart of the varied definitions of ‘scientific literacy’. Many consider that understanding evidence is necessary to participate in decision making and to challenge the science that affects people’s lives. A model is described that links practical work, argumentation and scientific literacy which is used as the basis of this research. If students are explicitly taught about evidence does this transfer to students asking questions in the context of a local socio‐scientific issue? What do they ask questions about? Sixty‐five primary teacher training students were given the pre‐test, before being taught the ‘concepts of evidence’ and applying them in an open‐ended investigation and were tested again 15 weeks later. Data were coded using Toulmin’s argument pattern (TAP) and the ‘concepts of evidence’. After the intervention it was found that, in relation to a socio‐scientific issue, they raised significantly more questions specifically about the evidence that lead to the scientists’ claims although questions explicitly targeting the quality of the data were still rare. This has implications for curricula that aim for scientific literacy.     

论民事诉讼证据调查期日制度

证据调查期日制度是大陆法系国家和地区民事诉讼证据调查的一项基本制度,旨在保障当事人程序参与权的基础上,规定法院对证据方法采取证据调查措施,搜集证据资料的程序性规范。法院发布旨在搜集证据方法或获悉证据资料的证据调查命令已启动调查程序,在言词辩论的期日之内或者指定期日内,由审判法官或者受命法官以及特殊主体主持,在法院或者指定的特定调查地点,经双方当事人共同参与下进行的。为使实质正义能够通过看得见的程序予以实现,审判法官应当直接面对证据,采取调查措施搜集证据资料,同时还应当保障当事人充分参与调查程序并知晓调查结果,并在此基础上进行辩论。     

论国际体育仲裁证据规则的司法救济

在国际体育仲裁中,仲裁员对于事实的认定过程应当遵守一定的证据规则,否则所作出的裁决可能面临被法院撤销或不予执行的风险。撤销和不予执行国际体育仲裁裁决是对国际体育仲裁裁决最有力和最重要的司法救济方式。     

Implementation of Web 2.0 services in academic, medical and research libraries: a scoping review

Background: Academic, medical and research libraries frequently implement Web 2.0 services for users. Several reports notwithstanding, characteristics and effectiveness of services are unclear. Objectives: To find out: the Web 2.0 services implemented by medical, academic and research libraries; study designs, measures and types of data used in included articles to evaluate effectiveness; whether the identified body of literature is amenable to a systematic review of results. Methods: Scoping review mapping the literature on the topic. Searches were performed in 19 databases. Inclusion criteria: research articles in English, Italian, German, French and Spanish (publication date ≥2006) about Web 2.0 services for final users implemented by academic, medical and research libraries. Reviewers’ agreement was measured by Cohen’s kappa. From a data set of 6461 articles, 255 (4%) were coded and analysed. Results: Conferencing/chat/instant messaging, blogging, podcasts, social networking, wikis and aggregators were frequently examined. Services were mainly targeted at general academic users of English‐speaking countries. Conclusions: Data prohibit a reliable estimate of the relative frequency of implemented Web 2.0 services. Case studies were the prevalent design. Most articles evaluated different outcomes using diverse assessment methodologies. A systematic review is recommended to assess the effectiveness of such services.     

公诉证据标准问题之反思

解决公诉证据标准问题,应当坚持实质真实主义。我国目前的公诉证据标准应当降低。检察机关在判断公诉证据时,无须过分关注审判时的定罪可能性。审查逮捕的证据标准应当与审查起诉的证据标准进行合理协调。