论信息技术运用境域中的当事人诉讼权保障

电子信息技术的变革为诉讼进行带来便利的同时也影响着当事人的起诉权、受送达权、证据提出权、庭审辩论权等诉讼权利的行使。在智慧法院快速发展的当下,民事诉讼不同阶段中信息技术对当事人诉讼权的影响方式、后果应充分关注,并针对不同情形明确具有针对性的诉讼权保障机制。     

工作流技术在法院管理系统中的应用

法院管理系统是实现案件受理、立案、案件审理、结案等流程为一体的综合管理系统,案件审理具有多样化的特征。本文运用工作流技术,设计并实现一个法院案件管理系统。该系统依据WfMC提出的工作流参考模型0,对案件审理过程进行任务、角色和权限的抽象,将案件审理过程中的案件受理、立案、审理、结案等通过工作流技术完美地整合在一起,满足了案件审理流程多样化的需求,提高了案件审理的效率。     

Report on a Suit for Libel.

Summarizes a legal experience of the American Psychological Association (APA) involving a suit for libel, in which the APA filed an Amicus Curiae brief. The APA Board of Directors directed that this experience be summarized for the information of the APA membership. The vital question before the court in this instance was whether a psychologist could examine a client at the request of a physician without the fear of being involved in litigation. The United States Court of Appeals held that the report of a psychologist in this instance was qualifiedly privileged and positively free from any actionable malice whatsoever. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

“实战”型模拟法庭在高校法学教学中的个案应用

按照“实战”型模拟法庭教学的特点和运行步骤,选用适当的案例,组织学生进行“实战”模拟审判,对其进行个案分析,具有一般意义上的指导作用。     

Legal perceptions of science and expert knowledge.

In the past half century, expert testimony has played an increasingly important role in American litigation. As the volume of expert testimony has grown, so have issues surrounding its admissibility into evidence. In the past decade, a trilogy of U.S. Supreme Court cases redefined the rules governing admissibility. This article reviews these cases and examines some of the assumptions about expert knowledge implicit in the opinions. It argues that the opinions ask judges to assume the role of scientific methodologists. Together, the 3 opinions reflect what Steven Cole calls a realist-constructivist view of science. Science is socially constructed both in the laboratory and in the wider community, but the construction is constrained by input from the empirical world. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

城市住宅地下空间利用的新形式

本文针对城市住宅地下空间利用的现状，提出采用“下沉式庭院”增强住宅地下层的可居住性、改善地下居住环境以充分利用地下空间。     

Editorial.

Psychology, Public Policy, and Law focuses on the links between psychology as a science, relevant information derived from related disciplines as sciences, and public policy and law. It will publish articles that (1) critically evaluate the actual and potential contributions of psychology to public policy and legal issues, (2) assess the desirability of different public policy and legal alternatives in light of the scientific knowledge base in psychology, (3) articulate research needs that address public policy and legal issues for which there is currently insufficient theoretical and empirical knowledge, and (4) examine public policy and legal issues relating to the conduct of psychology and of related disciplines where relevant to psychology. The goals for the journal are to (1) provide a multidisciplinary forum for scholarship and interchange relevant to the mission of the journal, (2) provide a forum for the publications of comprehensive, scholarly articles that critically consider theoretical, conceptual, and doctrinal issues or that critically review the literature on topics relevant to the mission of the journal, and (3) provide a forum for the publication of comprehensive, scholarly articles that report the results of programs of research or large-scale empirical studies relevant to the mission of the journal. This particular issue provides a forum for critical discussion of the implications of using a social science amicus brief in court cases. It also demonstrates the opportunity that this journal will provide to social scientists to critically evaluate their colleagues' work when those colleagues attempt to offer their science and opinions in the legal or public policy arenas. Finally, this issue reflects the journal's desire to be a flexible forum for scholarly interchange. Rather than always publishing articles that are relatively independent of each other, the journal will also publish issues devoted to a single theme (as occurred in the first issue of this volume), and, as in the case of this issue, to interchange about one theme when it is appropriate for advancing the field. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Sexual robbery: The missing concept in the search for an appropriate legal metaphor for sexual aggression.

Beginning in the late 1970s and continuing into the early years of the next decade, feminists provided compelling evidence that under the existing rape laws a woman's sexuality was treated as "property" belonging to a man. They emphasized that rape was an aggressive invasion of a person's physical integrity and in 1983 rape was redefined in the Criminal Code as a form of assault. The use of physical assault as a metaphor had the effect of shifting the emphasis of the essence of sexual aggression away from a woman's sexuality as property to the coercive nature of the act. A decade later, the evidence suggests this was an ill-conceived change. Redefining rape as a sexual assault, and measuring the severity of the crime by the level of physical violence, has established the legal and social expectations that the woman must be injured to be a "legitimate" victim. This paper advances the proposition that treating a woman's sexuality as property, as did the old rape law, was correct, and that a more appropriate metaphor is robbery. The metaphor of robbery treats a woman's sexuality as property, but achieves reform by shifting ownership from the domain of a male to the woman herself. Robbery implies the use or threat of force, but, unlike assault, does not require harm to the victim as evidence of the robbery. The theoretical proposition that conceptualizing the essence of sexual aggression as "assault" has failed and that "robbery" may be more appropriate was evaluated by examined every case of sexual assault (n=50), physical assault (n=158) and robbery (n=82) that appeared before the Halifax Law Courts between 1983 and 1988. This legal profile of sexual assault was compared to the alternative profile created by examining every case (n=593) of sexual assault reported to the local sexual assault service during the same time period. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

融合多尺度特征的语义分割系统及庭审应用

语义分割需要兼顾目标级的高级语义信息和像素级的准确性,所以非常有挑战性。最近,基于全卷积网络的系统在这个领域取得了很大的进展。和分类网络不同,在这些密集预测模型中,综合来自不同层的特征尤为重要,因为这些特征包含着不同级别的信息。什么样的网络结构才能最好地利用这些特征仍然是一个开放的问题。提出了一种混合上下文网络的模块,加入该模块的语义分割系统表现出了非常优越的性能,在庭审场景下亦表现良好。     

浅谈庭院空间在高层住宅中的运用

随着我国土地政策改革和城市建设的大力发展,城市住宅建筑趋向于高容积率、高密度、高层数的规划模式。文章从生态、文脉、空间形式和技术手法几个方面,就如何利用庭院空间的形式,改善高层住宅的居住环境,创造出可持续性发展的高质量高层住宅环境进行了探讨。