刑事二审“发回重审”制度之重构

我国刑事二审中发回重审具有极大的不确定性,且有扩大化的趋势。这不仅容易导致循环审判,造成诉讼效率下降,也忽视了对相关当事人尤其是被告人的权利救济。改革刑事二审发回重审制度的重点在于规范,限制发田重审的适用,并对相关的诉讼程序和司法制度进行改造。     

Review of Competency to Stand Trial.

Reviews the book, Competency to Stand Trial by Ronald Roesch and Stephen Golding (1981). Competency to Stand Trial is about the kinds of tests used by psychiatrists and other clinicians in the course of Court-ordered evaluations. The book does in fact though deal with a set of issues probably even more important than assessing insanity (as under Section 16 of the Criminal Code of Canada). Roesch and Golding examined the way in which competency, or fitness, examinations were conducted in North Carolina. Their research was set in motion when they were asked to advise on the building of new facilities for the conduct of fitness examinations. Competency to Stand Trial shows how, with careful thought and analysis, behavioural scientists can sometimes transform the nature of a problem quite fundamentally. Roesch and Golding have written an admirable book. It contains an excellent and readable summary of the legal issues around competency, impeccable data with well reasoned argument, and thoughtful, challenging suggestions. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Crime and psychopathology.

"This study investigated the relations between type of crime, age, intelligence, and degree of psychopathology, as measured by the MMPI F score. MMPIs were available from 190 white male court referrals who were nearly all classified as low socioeconomic status. It should be noted that one crime class (i.e., lewd acts on children) would have been excluded from the analysis if the usual criteria for discarding MMPIs had been used. A definite relationship between type of crime and degree of psychopathology was found. Individuals who commit sexual crimes appear to be the most seriously emotionally disturbed. No difference in mean F score between Ss released to the courts vs. those retained in the hospital was found." (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Prima-facie Victory.

The author notes that in a reperusal of William James on Fechner, it was therefore brought sharply to the writer's attention on reading "A Case at Law" by Hoch and Darley in the September issue (American Psychologist, 1962, 17, 623-654; see record 1963-04080-001) that the sceptical stanza from Southey (concluding "But 'twas a famous victory") had been notoriously cited on an earlier occasion. But it was James, not Fechner, who, writing 40 years after the event, had thus behaved with appropriate, if disputed, justification. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Japan’s intellectual property strategy

Initiated by a speech by the Japanese Prime Minister in 2002, an improved strategy for the creation, protection and use of intellectual property in the Japanese economy has rapidly evolved. The author outlines the major elements and achievements of the new strategy under five categories:

– Creativity and inventiveness (e.g. facilitating technology transfer from universities to the private sector).

– Protection (e.g. trilateral sharing of search and examination results, speedier examination, and the establishment of an IP high court).

– Exploitation (e.g. widening the range of organisations allowed to assist SMEs).

– Contents (mainly aspects of IP in the movie industry).

– Cultivating human resources (e.g. increased emphasis on IP education in universities).

Future work, in phase 2 through to 2009, in making Japan an ‘IP Rich Country’, will concentrate on building on these changes to integrate IP more fully into business growth.     

反应型聚合物水泥防水涂料在奥运工程中的应用

针对北京奥运中心曲棍球训练场改扩建工程之一的室内防水工程．介绍了工程所用反应型聚合物水泥防水涂料（FJS）的性能．并对工程主要防水施工工艺及相关防水构造设计作了详细介绍。     

荧光分光光度法无损检验纤维上的染料

探讨法庭科学研究中浅色纤维的检测方法.采用荧光分光光度计测定浅色纤维上的染料,根据荧光光谱的峰数、峰位、峰形和峰强来鉴别浅色纤维上的染料.它是法庭科学实验室中分析浅色纤维简便而迅速的方法.     

特殊时期建造的原上海日本中学校羽毛球馆结构与空间解析

2005年,同济大学历史建筑群登录为第四批上海优秀近代历史建筑,其中包括日本中学校旧址。日本中学校的羽毛球馆于1942年由日本早期建筑师石本喜久治设计,为歇山顶、洋松木,木刚架结构体系,再现了特殊的经济社会背景下,发挥木结构潜能进行结构与空间设计的思路。文章主要从"和风"造型、结构特征、光与视觉环境塑造三个方面进行剖析,通过以时间为主线的结构形式研究,指出具有时代特征的木结构遗产,其近现代化的建造技术与空间特征是产业建筑遗产研究不可或缺的组成部分。日本建筑学长期强调结构和工学技术的综合性,是日本现代建筑自成一派的重要因素。     

Evaluating parents in child protection decisions: An innovative court-based clinic model.

Providing relevant, timely forensic evaluations is challenging because of the differing worlds of mental health and law. In this study, the authors evaluated an innovative, court-based clinic model for improving acquisition and use of clinical information in juvenile court in a 3-year pilot project prior to wide-scale implementation. The authors investigated the extent to which 170 evaluations of parents in the child protection division met criteria recommended in the forensic literature by comparing reports across four groups categorized by source (inside or outside court; part of pilot project or not). Findings suggested greater use of recommended practices and more timely, consistent reports by the pilot clinic. The findings provide preliminary support for the model and guidance for improving forensic evaluations in child protection. (PsycINFO Database Record (c) 2010 APA, all rights reserved)