律师伪证罪对刑事辩护制度的挑战

刑法第306条作为专门针对律师在刑事诉讼执业活动中妨害证据行为的特别条款,给我国刑事辩护制度带来了极大的挑战,导致了律师在刑事辩护中的价值利益体系的失衡。因此,我们应修改刑法第306条,对其适用范围进行严格限制,进一步扩大律师的执业权利,加强律师同司法人员对话的可操作性,完善律师执业的制度保障,消除对律师的歧视规定,明确规定辩护律师在执业中正常活动不受干预。同时,加强律师自身的执业自律和风险防范方面的规范和意识教育。     

Multi-item EOQ inventory model with varying holding cost under two restrictions: A geometric programming approach

In this paper we provide a simple method to determine the inventory policy of multiple items having varying holding cost using a geometric programming approach. The varying holding cost is considered to be a continuous function of the order quantity. The EOQ inventory model with constant holding cost and the classical EOQ inventory model without constraints are derived.     

Bias of factor loadings from questionnaire data with imputed scores

This study investigated the bias of factor loadings obtained from incomplete questionnaire data with imputed scores. Three models were used to generate discrete ordered rating scale data typical of questionnaires, also known as Likert data. These methods were the multidimensional polytomous latent trait model, a normal ogive item response theory model, and the discretized normal model. Incomplete data due to nonresponse were simulated using either missing completely at random or not missing at random mechanisms. Subsequently, for each incomplete data matrix, four imputation methods were applied for imputing item scores. Based on a completely crossed six-factor design, it was concluded that in general, bias was small for all data simulation methods and all imputation methods, and under all nonresponse mechanisms. Imputation method, two-way-plus-error, had the smallest bias in the factor loadings. Bias based on the discretized normal model was greater than that based on the other two models.     

诉讼层面的责任缺失与困惑——刑事诉讼法第九十三条的法理解析

刑事诉讼法第九十三条虽然为犯罪嫌疑人设定了如实回答的义务,却并没有为该项义务的落实规定责任,从而导致侦查人员落实该项义务的随意性,造成骗供、诱供、逼供等现象的发生。然而,如果废除该项义务,赋予犯罪嫌疑人沉默权,又会导致出现缺乏现实可操作性及付出的代价太大等问题,从而使我们在司法实践中会陷入困惑之中。     

中美轮胎特保案的法律困境及WTO下的贸易政策

中美轮胎特保案是奥巴马政府对中国发起的首例特保调查,受到中美业界的广泛关注。分析特殊保障措施的进口增长、实质损害、因果关系三要件,我们可知：从WTO特保条款分析,对中国轮胎采取特保措施欠缺法律支持;从美国＂421条款＂分析,对中国轮胎采取特保措施虽然有失公允但有其一定原由。在金融危机的背景下和WTO的框架内,轮胎特保案的评述对于我国贸易政策的调整和增长方式的转变有一定的启发意义。     

The relative importance of planning and control systems in achieving good delivery performance

Amongst factors such as quick changeovers and workforce flexibility, managers in 533 UK manufacturing plants ranked a responsive planning and control system as the most important facilitator of good delivery performance on products made-to-order or assembled-to-order. The rankings indicate greater importance to companies in the Household and Engineering sectors than in Process and Electronics, where other factors are dominant. These results are combined with data such as customer lead times and item variety, to characterize and explain differences between the plants in these four sectors. Collectively the results indicate considerable differences in the production planning and control tasks. This implies that general statements on the importance of planning and control systems are inadequate. Practitioners need contextual information in order to ascertain when research is applicable to their circumstances.     

Prior Distributions for Item Parameters in IRT Models

The focus of this article is on the choice of suitable prior distributions for item parameters within item response theory (IRT) models. In particular, the use of empirical prior distributions for item parameters is proposed. Firstly, regression trees are implemented in order to build informative empirical prior distributions. Secondly, model estimation is conducted within a fully Bayesian approach through the Gibbs sampler, which makes estimation feasible also with increasingly complex models. The main results show that item parameter recovery is improved with the introduction of empirical prior information about item parameters, also when only a small sample is available.     

Comparison of Ability Estimation Methods Using IRT for Tests with Different Degrees of Difficulty

The aim of the present study is to determine the dependence of the estimation of individual abilities obtained by item response theory (IRT) in relation to the degree of test difficulty and to evaluate how the estimation error may be affected by the estimation method employed. It is shown that abilities in the scale region with little test information are more efficiently estimated using the maximum weighted likelihood estimation (WLE) method, particularly abilities belonging to the upper part of the scale. The study also demonstrates the importance of largest tests for ability estimation.     

Item non-response in open-ended questions: Who does not answer on the meaning of left and right?

The left-right ideological dimension plays a central role in political science research. The meaning of left and right is often based on analyses of responses to open-ended survey questions. In the 2008 German General Social Survey, item non-response to two particular open-ended questions on the meaning of left and right was considerable and calls for analyses of the value of the data have been received. In our paper we investigate item non-response to these two open-ended questions in terms of cognitive abilities, motivational aspects, and finally, in relation to the left-right self-placement scale itself. Item non-response in the open-ended questions is not based on randomness alone, and analyses show some significant systematic results. Thus, the open-ended questions seem to be biased and the validity of this data is questionable in some respect. In this context, left-right self-placement of non-respondents and “cognitive don’t knowers” need to be given careful consideration.     

Deprivation, ill-health and the ecological fallacy

The use of ecological studies in explaining the relationship between deprivation and ill-health is widespread in many health applications. However, inferences drawn from these studies about individuals are susceptible to serious bias known as the ecological fallacy. Our paper demonstrates the ecological fallacy effect in this context but also shows how it can be considerably reduced by taking into account different population structures at the aggregate level. Two regression analyses of limiting long-term illness are performed, one at the individual level and one at the electoral ward level, using the 1991 UK census sample of anonymized records and the small area statistics. The analyses compare several measures of deprivation including the standard Carstairs index, with the separate variables which make up the indices, to determine their effectiveness in explaining rates of illness. Two of the deprivation scores are constructed using latent variable modelling techniques which enable a score to be generated at the individual level as well as at the ward level. It is shown that, given the right choice of socioeconomic variables and taking into account the age structure of the population, it should be possible to construct a single aggregate deprivation index that will explain most of the variation in rates of illness across the study region.