客观真实是诉讼证明的终极目标——诉讼证明标准之理性分析

以马克思主义哲学为指导,科学地界定什么是客观真实,指出诉讼证明标准——客观真实。客观真实是指:主观上裁判者依法据以裁判的、形式上符合法律要求的、客观上与案件有关的并能再现案件的客观存在的事实,分析了客观真实在神示证据制度、自由心证制度和法定证据制度中,始终是诉讼证明追求的基本理念和终极目标,并在现实三种证明模式之批判基础上,认为我国的诉讼证明追求的理念和目标应是客观真实。     

非法证据排除规则的司法现状及完善

＂两高三部＂于2010年5月30日共同发布了《关于办理刑事案件排除非法证据若干问题规定》（以下简称《规定》）。该《规定》的出台标志着目前我国已经以立法形式确立了非法证据排除规则。但由于相关配套制度的缺失,使得该规则在司法实践中不能有效彰显其规制作用和发挥应有活力。本文立足司法实践,分析我国非法证据排除规则在实践中存在的问题,提出完善建议。     

Knowledge activism: bridging the research/policy divide

How research can better inform policy and how policy can have a better research base are longstanding issues both in educational research and across public policy generally. Drawing on the work of Hannah Arendt, this article argues that progress in increasing the impact of research can be made through a clearer understanding of the nature of politics. Arendt’s identification of ‘persuasion’ as the defining activity of the political sphere is used to argue that the communication of research findings, relevant to education policy, must be similarly aligned if it is to be effective. The article views approaches such as knowledge transfer and knowledge exchange as inadequately constructed and instead promotes the concept of ‘knowledge activism’ as a means by which research evidence can be made operational in political terms. The article acknowledges the risk to academic integrity and objectivity of such overtly political behaviour but argues that remaining outside the political sphere simply guarantees minimal research impact.     

Evidence and education policy – some reflections and allegations1

The paper reflects on the use by the UK central government of statistical evidence in educational policy matters. Particular attention is given to school league tables. The paper is generally critical of government attitudes, but suggests that progress towards rational decision‐making does occur.     

我国刑事非法证据排除规则几个问题的思考

2012年我国修改后的刑事诉讼法正式以立法的形式确立了非法证据排除规则,修改后的刑事诉讼法并没有简单地移植或者复制“两个证据规定”,而是综合了理论界和实务界的研究成果,实现了规则上的新突破。文章从非法证据排除规则的范围、效力、责任等方面对非法证据排除规则进行解读与阐发。     

Assessing approaches to learning with nonparametric multidimensional scaling

This article reports on a trace-based assessment of approaches to learning used by middle school aged children who interacted with NASA Mars Mission science, technology, engineering and mathematics (STEM) games in Whyville, an online game environment with 8 million registered young learners. The learning objectives of two games included awareness and knowledge of NASA missions, developing knowledge and skills of measurement and scaling, applying measurement for planetary comparisons in the solar system. Trace data from 1361 interactions were analysed with nonparametric multidimensional scaling methods, which permitted visual examination and statistical validation, and provided an example and proof of concept for the multidimensional scaling approach to analysis of time-based behavioural data from a game or simulation. Differences in approach to learning were found illustrating the potential value of the methodology to curriculum and game-based learning designers as well as other creators of online STEM content for pre-college youth. The theoretical framework of the method and analysis makes use of the Epistemic Network Analysis toolkit as a post hoc data exploration platform, and the discussion centres on issues of semantic interpretation of interaction end-states and the application of evidence centred design in post hoc analysis.

Practitioner notes

What is already known about this topic

• Educational game play has been demonstrated to positively affect learning performance and learning persistence.
• Trace-based assessment from digital learning environments can focus on learning outcomes and processes drawn from user behaviour and contextual data.
• Existing approaches used in learning analytics do not (fully) meet criteria commonly used in psychometrics or for different forms of validity in assessment, even though some consider learning analytics a form of assessment in the broadest sense.
• Frameworks of knowledge representation in trace-based research often include concepts from cognitive psychology, education and cognitive science.

What this paper adds

• To assess skills-in-action, stronger connections of learning analytics with educational measurement can include parametric and nonparametric statistics integrated with theory-driven modelling and semantic network analysis approaches widening the basis for inferences, validity, meaning and understanding from digital traces.
• An expanded methodological foundation is offered for analysis in which nonparametric multidimensional scaling, multimodal analysis, epistemic network analysis and evidence-centred design are combined.

Implications for practice and policy

• The new foundations are suggested as a principled, theory-driven, embedded data collection and analysis framework that provides structure for reverse engineering of semantics as well as pre-planning frameworks that support creative freedom in the processes of creation of digital learning environments.