Criminal justice outcomes of prosecution of child sexual abuse: A case flow analysis

This study examined the progress and disposition of child sexual abuse cases referred for prosecution in four urban jurisdictions. Most cases were accepted for prosecution. The vast majority of cases carried forward for prosecution resulted in guilty pleas. Only 9% of the total sample went to trial. A majority of the small number that went to trial were convicted. Over 3/4 of those convicted were incarcerated. The rate at which cases were carried forward for prosecution and convicted was comparable to that of a national sample of felony arrests overall, but child sexual abuse cases were more likely to go to trial (p < .005) and received more severe sentences (p < .005). Our results are strikingly consistent with those from previous studies of prosecution of child sexual abuse. A new understanding of prosecution of child sexual abuse is recommended that takes into account the large proportion of cases that do not go to trial.     

专利审查高速路影响后续申请局专利积压的机理研究

结合当前世界范围内专利审查高速路的现状,分别从两个方面具体探究了专利审查高速路是如何缓解或加重后续申请局专利积压的,认为专利审查高速路尽管有助于减少针对每项后续申请的重复检索与审查工作,但若处理不当不仅不会缓解反而有可能加重后续申请局的专利积压。     

论强制起诉制度在我国的构建

我国现行刑事诉讼法第一百四十五条和一百七十条第（三）项规定了公诉转自诉制度,目的是加强对被害人的保护和强化对检察机关的监督,然而,无论是在理论层面还是在司法实践中,该制度均存在许多不足之处,使其几乎处于虚置状态,难以实现立法原意,而国外的强制起诉制度则可以很好地解决公诉转自诉所存在的问题。因此研究强制起诉在域外的相关立法,构建符合我国国情的强制起诉制度,对于改革我国的不起诉被害人自我救济制度具有重要意义。     

The characteristics of reports to the police of child sexual abuse and the likelihood of cases proceeding to prosecution after delays in reporting

Delays in disclosing and reporting child sexual abuse to the police are common, particularly among males and those who have been abused by clergy and others in a position of trust. This study, commissioned by the Royal Commission into Institutional Responses to Child Sexual Abuse, examined the patterns of timely and delayed reporting of sexual offences against children, and the likelihood of legal action commencing. De-identified unit record data for all sexual offences against children reported to the police over 20 years were obtained from official crime statistics agencies in two Australian states. While there were similarities between the two states in terms of the influence of public inquiries on reporting numbers over this period, and in the factors associated with delayed reporting, there were substantial differences in the likelihood of legal action being taken in cases reported by a child or adult complainants. In one state, legal action was more likely with increasing delay, until the delays extended to 10–20 years, after which the likelihood of legal action decreased. In the other state, the pattern was quite different – reports of sexual assault were somewhat more likely to result in legal action with immediate reporting. The least likely to proceed were cases involving young children in more recent years; long delays into adulthood were not necessarily adverse for prosecution.     

论刑事诉讼理念中的价值冲突与平衡——以实体正义价值和程序正义价值为视角

刑事诉讼理念包括实体正义理念和程序正义理念。刑事诉讼实体正义价值和程序正义价值存在冲突,即二者往往难以同时实现,解决这一矛盾的关键是把程序置于优先的地位。     

论经济公益诉讼体系之构架

经济公益诉讼作为追究经济法责任的新型诉讼机制，与传统维护私益的诉讼制度相比具有质的差别。本文在借鉴国外公益诉讼制度的基础上。从原告资格、受案范围、配套保障措施以及限制措施四个方面提出了关于构筑中国经济公益诉讼制度的几点设想。     

Legal decision–making in child sexual abuse investigations: A mixed–methods study of factors that influence prosecution

Prosecution of child sexual abuse cases is an important aspect of a community's response for holding perpetrators accountable and protecting children. Differences in charging rates across jurisdictions may reflect considerations made in prosecutors' decision–making process. This mixed–methods, multiphase study used data from a Children's Advocacy Center in a suburban county in the Southern United States to explore the factors associated with child sexual abuse cases that are accepted for prosecution and the process followed by prosecutors. Data were sequentially linked in three phases (qualitative-quantitative-qualitative), incorporating 1) prosecutor perceptions about what case characteristics affect charging potential, 2) 100 case records and forensic interviews, and 3) in–depth reviews of cases prosecuted. Content analysis was used to identify influential case elements, logistic regression modeling was used to determine factors associated with a decision to prosecute, and framework analysis was used to further confirm and expand upon case factors. Overall, findings indicate that prosecution is most strongly predicted by caregiver support and the availability of other evidence. The decision to prosecute was found to include a process of ongoing evaluation of the evidence and determination of a balanced approach to justice. The decision to prosecute a case can be influenced by strong and supportive investigative practices. An important implication is that interaction among multidisciplinary professionals promotes communication and efforts, further enhancing discretion about potential legal actions.     

对证据展示制度的理性呼唤

国外证据展示制度的成功运作，为在我国刑事诉讼中确立该制度提供了有益的借鉴。在我国建立证据展示制度，是贯彻辩护制度，保护被告人诉讼权利的需要，是实现控辩平等，维护司法公正的需要，是节省司法资源，提高拆讼效率的需要，因此，我们可从证据展示的原则，范围，程序三个方面来构建该制度，使之与我国的刑事诉讼模式相配套。     

树立经营意识 促进管理创新

教育创新，首先应该是管理创新，用经营意识去管理学校，以促进管理创新。提倡规模办学，降低教育成本；教育资源共享，充分利用教育成本；改革后勘管理，实行后勘管理社会化，扩大成本来源；加强师资培训，充实教育成本；服务为本，提高成本信誉；增强忧患意识，提高成本风险程度。树立经营意识。目的是提高教育管理者和广大教师的历史使命感和现实责任感，而并非把学校当企业办。所以要克服办教育的功利思想，要注意完善机制，防止管理思想上的偏颇。树立经营意识，促进管理创新，其根本目的是提高办学效益。     

专利审查协作模式创新与路径优化:审查效率与审查质量导向下的制度演变

专利申请量的激增增大专利审查机构的压力,进一步推动专利审查协作的产生和发展。通过理论模型构建揭示出专利审查国际协作对审查资源的调整可以改进审查效率和审查质量,并分析相应的方案。通过加速审查的方式提升专利审查的效率,同时提供多样化的专利审查方案保障预期专利权的稳定性和权利要求的保护范围;通过专利审查信息共享以缓解审查积压,将专利审查资源集中于专利审查质量和专利审查效率的改进;在专利审查协作过程中充分发挥各个合作国的审查资源优势,综合参与国的审查意见,提升专利审查质量并监控预期审查风险。