俄罗斯非法证据排除规则探析及启示

《俄罗斯联邦刑事诉讼法典》(以下简称新法典)于2002年7月1日生效,取代了在俄罗斯实施长达40年之久的《苏俄刑事诉讼法典》,成为世界上又一重大的刑事诉讼法改革。随着俄罗斯司法制度的改革,俄罗斯关于刑事诉讼司法价值观念也在不断转变,在此基础之上,俄罗斯建立具有自己特色非法证据规则。从俄罗斯非法证据制度研究出发,从非法证据规则在新法典中的相关规定和制度设置中吸收经验,对我国非法证据规则进行简单的理论构建。     

Is Contracting out of Public Services still the Great Panacea? A Systematic Review of Studies on Economic and Quality Effects from 2000 to 2014

This article presents the results of a systematic review of international studies on economic and quality effects of contracting out published in the period from 2000 to 2014. We conducted a comprehensive search of the literature and identified 49 relevant studies. There are three main findings of the systematic review: (1) cost savings documented in international contracting out literature have been decreasing over time; (2) cost savings have been much greater in technical services than in social services; and (3) economic effects have been twice as large in Anglo‐Saxon countries compared with other countries. With regard to measuring the effect of contracting out on service quality, which is a vital component of any service delivery arrangement, very few studies assess this issue in a comprehensive manner. There is also a significant lack of studies that include measures of transaction costs, thereby making it difficult to evaluate the impact of contracting out on overall cost‐effectiveness of public service delivery. We conclude that generalization of effects from contracting out should be made with caution and are likely to depend, among other things, on the transaction costs characteristics of the service, the market situation and the institutional/regulatory setting.     

Health Claims and Methodological Controversy in Nutrition Science

This article analyzes the debate about data acquisition and assessment in health claims regulation by identifying the underlying controversies on methodological choice. Regulation in the European Union imposes the need for a scientific substantiation of all health claims (claims about a relationship between consumption of certain food ingredients and positive health effects). Randomized controlled trials (RCTs) are the method that generally is considered to provide the highest quality data for decision making in claims regulation because they allow for establishing cause–effect relationships. The latter are demanded in European regulatory practice for authorization of a claim. This requirement has contributed to a debate about the advantages and limitations of the RCT methodology in nutrition research and regulation. Our analysis identifies five types of tensions that underlie the controversy, with respect to evidence, cognitive values, standards of proof, future lines of research, as well as expert judgment. We conclude that there is a direct and mutual interaction between methodological decisions in nutrition science, and different strategies in health claims regulation. The latter have social and public health consequences because not only may they affect the European market for functional foods, as well as concomitant consumption patterns, but also the generation of future regulation‐relevant evidence in nutrition.     

手机短信作为证据的保全研究

对于手机短信作为证据以后是否具有法律效力,实务界与司法界一直存在分歧,如何确保手机短信作为证据的可采性是讨论的焦点。手机短信证据保全是保证手机短信证据有效性的重要途径和方法。通过对手机短信证据保全主体、保全对象的理论研究,以及倚靠重庆邮电大学证据保全中心为实验平台所得手机短信证据的保全程序与方法,确保手机短信证据的适格,以期改变目前对于手机短信证据易收集难使用的尴尬局面,发挥其证据效力。     

瑕疵证据之新解读

非法证据排除规则一直为我国社会所关注,其所蕴含的人权保障与程序正义理念已成为刑事诉讼的基本价值体现。两个证据规则的出台明确了非法证据排除规则在我国的正式确立,但与非法证据相伴而生的还有瑕疵证据,二者在证据的基本属性上有本质的差异,对其排除与适用规则也有不同规定:非法证据一律排除,瑕疵证据则可以有条件转化适用。     

Comparison of record data and random observations based on statistical evidence

“Science looks to Statistics for an objective measure of the strength of evidence in a given body of observations. The Law of Likelihood explains that the strength of statistical evidence for one hypothesis over another is measured by their likelihood ratio” (Blume, 2002). In this paper, we compare probabilities of weak and strong misleading evidence based on record data with those based on the same number of iid observations from the original distribution. We shall also use a criterion defined as a combination of probabilities of weak and strong misleading evidence to do the above comparison. We also give numerical results of a simulated comparison.     

Research Training and Professional Social Work Education: Developing Research‐Minded Practice

The movement towards developing practice more firmly grounded on empirical research has, arguably, been one of the most significant international trends in social work during the past decade. However, in the UK the implications of this trend for pedagogical practices and the design of educational programmes have still to be fully explored. This paper reports on the findings of a repeated cross‐sectional survey of MSW students in Queen's University Belfast which focused on their perceptions of the value of research training to professional practice. The study, conducted over a four year period, explored students' awareness of the relationship between research and practice and their readiness to engage with research training. The findings suggested that the majority of students perceived research training as a valuable component of professional development. However, the study also found a level of scepticism among students about its practical utility along with some resistance towards actively embracing a research agenda. The paper evaluates the significance of these findings for developing research and evidence‐based practice as integral components of the new degrees in social work in the UK and for social work education programmes in other countries aiming to develop research‐minded practice.     

The research to teaching initiative: infusing faculty research into the MSW curriculum

Social work educators have a responsibility to facilitate student utilization of research‐based knowledge. Tremendous research based knowledge is generated at many schools, but due to multiple responsibilities, faculty often find it difficult to share their findings with fellow faculty outside of their immediate project team, or to inquire into the research efforts of their colleagues within the school. This paper describes the development, implementation and preliminary evaluation of Research to Teaching, an initiative to infuse the curriculum of a school of social work with current research findings from its faculty. The goal of the Research to Teaching initiative is to take current publications from faculty, and distill them into easy‐to‐use lecture materials including slides summarizing the content, teaching notes, discussion questions, and group activities such as skill practice, simulation, and other integrative activities. These lectures are placed on a site within the school's larger website, and are accessible to all faculty, students, alumni, and other interested individuals.     

Developing a Common Language in Children's Services through Research‐based Inter‐disciplinary Training

Two sources of inertia to improving services for children in need are the difficulties of getting evidence into practice and the complications of inter‐agency working. Current training arrangements in social work and disparities between children's services professions as regards training requirements are contributory factors. The Common Language project is a work in progress, adopting a research‐based, inter‐disciplinary approach to working with social workers and other children's services professionals. It comprises core ideas and methods to complement the more specialist knowledge and skills required in each profession. Underpinned by a child development perspective and a scientific development cycle, it rests on a conceptual framework including need, threshold, service and outcome. The approach has three components (each of which includes training): (1) the implementation of practice tools; (2) the planning and development of integrated services; and (3) supporting materials, including practitioner‐orientated modules and a curriculum for PhD students. Distinguishing features include research utilisation, notably a focus on inculcating research‐mindedness as opposed to imparting findings, and also collaborative professional working, in particular via practical connections between different agencies, stakeholders and countries. The project is being evaluated in terms of uptake, change in professional thinking and practice and effects on child well‐being. Next steps for the project relate to broader lessons for social work training emerging from research and development elsewhere.