Witnesses’ Appearance in Court and Guarantees for the Defendant's Right to Confrontation

刑事证人出庭作证的主要意义在于保障被告人的对质权。因此，刑事证人出庭问 题基本上可替换为以被告人对质权为核心的必要证人出庭问题。由于中国的刑事诉讼 法及其司法解释并未赋予被告人对质权，实践中必要证人出庭率仅为25%左右。这种 无对质权语境下的刑事审判，通常表现为积极的实体真实主义、定罪量刑的非精细化 操作和裁判正当性来源的单一化。为改变这一局面，有必要确立对质权制度及相应的 保障机制。

关键词: 证人出庭?必要证人出庭率?对质权?裁判正当性

The main significance of witnesses’ appearing in court to testify in criminal trials is that this practice guarantees the defendant's right to confrontation. The issue can thus be framed in another way, as the issue of the appearance in court of the necessary witnesses. Here, the defendant's right to confront is the key point. Since neither China's criminal procedural law nor corresponding judicial interpretations have granted the defendant the right to confront, the rate of appearance of the necessary witnesses amounts in practice to only about twenty‐ five percent. Criminal trials conducted in the absence of the right to confrontation usually conform to the doctrine of positive substantive truth and manifest a lack of care in conviction and sentencing as well as reliance on a single source of legitimacy in reaching judgments. To correct this state of affairs, it is necessary to institute the right to confront and corresponding safeguards.     

Tests for Equality of Parameters of Two Exponential Distributions with Common Known Coefficient of Variation

ABSTRACT

This article considers the problem of testing equality of parameters of two exponential distributions having common known coefficient of variation, both under unconditional and conditional setup. Unconditional tests based on BLUE'S and LRT are considered. Using the Conditionality Principle of Fisher, an UMP conditional test for one-sided alternative is derived by conditioning on an ancillary. This test is seen to be uniformly more powerful than unconditional tests in certain given ranges of ancillary. Simulation studies on the power functions of the tests are done for this purpose.     

Altruism and Market-Like Behavior: An Analysis of Willingness to Pay for Recycled Paper Products

The contrast between self-interested behavior guided by rational choice and altruistic behavior guided by normative considerations is a central theme in the social sciences. This study suggests that market and market-like behavior, the context where self-interest is expected to dominate, is in fact often motivated by altruism. This argument is tested by examining a willingness to pay measure, a surrogate for the market that is finding substantial use in analyses of public policy. In particular, the ability of the Schwartz model of altruism to explain willingness to pay for recycled products is examined. Findings indicate that even as the Schwartz model has explained many purely altruistic behaviors, it also can explain self-reported willingness to pay. While economists often have noted the importance of rational choice in even the most intimate of human decisions, this study notes the importance of normative altruism in even the most calculated.     

Developing inclusive educational practices for refugee children in the Czech Republic

All children in the Czech Republic have the legal right to primary education, regardless of nationality and legal status. This article is based on a study of refugee children and their educational situation. The study reveals that refugee students in the Czech Republic are not benefiting fully from this fundamental right and that their educational future is in jeopardy. The study identified six major barriers to full participation and educational benefits. Finally, a plan of action to overcome barriers is put forward. Key ingredients are effective information transfer among state agencies, non‐governmental organizations, parents, children and schools.     

建国后马克思主义中国化的历程与经验

建国后马克思主义中国化经历了曲折的发展,以十一届三中全会为界,大致分为两个阶段。60多年的马克思主义中国化的实践为我国社会主义事业的发展提供了丰富的经验,合理借鉴这些经验,有利于进一步充实马克思主义理论,丰富中国特色社会主义实践,推进马克思主义中国化的与时俱进。     

THE q-BETA-GEOMETRIC DISTRIBUTION AS A MODEL FOR FECUNDABILITY

The number of sterile couples in a retrospective study of the number of cycles to conception is necessarily zero; this is not so for a prospective study. The paper puts forward a modification of Weinberg and Gladen's beta geometric model for cycles to conception that is suitable for both types of investigation. The probability that a couple achieves conception at the xth cycle, but not earlier, is assumed to take the form R_x = (1 ? ρ)/(1 ? m ^x?1 ρ/u), instead of μ/(1 ? θ + θx). The set of parameter restraints (0 < m < 1, 0< ρ < 1, 1 < u) is appropriate for retrospective data, whilst the alternative set of restraints (1 < m, 1 < ρ, 0 < u < 1) is appropriate for prospective data. The decrease in R_x over time can be interpreted not only as a time effect, but also as a heterogeneity effect by replacing Weinberg and Gladen's beta mixture of geometric distributions by a q-beta mixture.     

On estimating the dimensionality in discriminant analysis

In discriminant analysis, the dimension of the hyperplane which population mean vectors span is called the dimensionality. The procedures commonly used to estimate this dimension involve testing a sequence of dimensionality hypotheses as well as model fitting approaches based on (consistent) Akaike's method, (modified) Mallows' method and Schwarz's method. The marginal log-likelihood (MLL) method is developed and the asymptotic distribution of the dimensionality estimated by this method for normal populations is derived. Furthermore a modified marginal log-likelihood (MMLL) method is also considered. The MLL method is not consistent for large samples and two modified criteria are proposed which attain asymptotic consistency. Some comments are made with regard to the robustness of this method to departures from normality. The operating characteristics of the various methods proposed are examined and compared.     

继续解放思想的方法论解读

继续解放思想攸关社会主义改革的进一步发展,从形式上看,是从资本主义对市场方式的既定运用模式中解放出来,实质上却仍然是从对马克思主义相关理论的本本主义解读中寻求解放。其间,需要科学认识马克思主义的方法理论,并在当代条件下坚持其立场、观点、方法的内在统一。     

Logistic与分类树模型变量筛选的比较——基于信用卡邮寄业务响应率分析

基于信用卡邮寄业务响应率分析来讨论Logistic模型和分类树模型在变量选取上的区别,并尝试从几个不同角度去解释两类模型变量筛选差异的原因。笔者认为没有绝对占优势的方法,需要结合具体场景和模型的特点来选择合适的模型。分类树模型在训练集上容易过度拟合,对单个变量的影响很敏感,在进行危险因素分析时结果更能强调危险因素,对孤立点的识别率很高。Logistic模型容易受到解释变量依存关系的影响,加上分类变量的影响容易过多地选入变量或者因子,对孤立点敏感,对噪点不敏感。判别函数的差异是变量筛选差异的关键因素。     

The impact of anti-Vietnam demonstrations upon national public opinion and military indicators

In an attempt to assess the national impact of anti-war protest, 15 major anti-Vietnam demonstrations occurring in the United States from 1965 through 1971 were analyzed for their effects upon Gallup public opinion survey data, American troop strength, and American munitions expenditures. While weak and short-term counterproductive effects appeared for two opinion indicators, an equally likely conclusion is that the demonstrations had little or no lasting impact whatsoever. The possible reasons for this finding, and its social implications, are discussed.