历史视野和文化语境下的刑事诉讼模式

刑事诉讼模式经历了奴隶制时期的弹劾式、封建制时期的纠问式、资本主义时期的当事人式和职权式以及社会主义时期的新型诉讼模式。从刑事诉讼模式的历史考察可以看出 ,不同的社会制度下的刑事诉讼模式不同 ,同一社会制度下的不同地区或国度的刑事诉讼模式也有差异。原因何在呢 ?文章认为 ,这取决于与刑事诉讼模式的设计、选择、修改、运作等有最密切联系的两大因素 :一是阶级利益需要 ;二是历史文化背景     

结果公正与程序公正——兼论城市边缘群体的权益保护

社会公正不光指结果公正也包括程序公正。城市边缘群体———农民工遭受歧视的症结主要出在程序的操作上。我们对理想的结果公正的追求 ,需要用对程序公正的尊重加以调节。公正需要而且可以在实践中把握。我们在追求结果公正的过程中首先必须尽可能地实现程序公正     

论当代中国司法权的异化与回归

当代中国的司法权在一定程度上背离了司法权的真实内涵,其独立性、中立性、交涉性、消极性等特征在某种意义上趋于灭失.司法权的地方化、法官的行政化、审判的实体化,异化了司法权.要保证社会主义法治的实现,必须采取各种措施来克服这种异化,包括:确保国家司法权的统一,强化司法权的独立性、专属性;实现法官素质的提高,强化司法权的中立性、消极性、交涉性;突出审判程序的价值,强化司法权的消极性.     

The residential home – what difference does it make?: Comparing the public systems of care for the elderly and disabled in two Swedish municipalities

Two municipalities in Sweden – Solna and Sigtuna – have taken part in a project (the ASIM project) aimed at developing a system for monitoring and analysing the public system of long-term care and assistance for elderly and disabled people. The two municipalities have chosen different alternatives in the question of residential homes. In Solna they have been retained and in Sigtuna they have been converted into sheltered housing. By separating the clients into different classes of dependence using the ASIM assessment, it is shown that in Solna, compared with Sigtuna, fewer of the most dependent clients are in long-term hospital care and fewer of the high-medium category are in domiciliary care. The data were used to calculate the distribution of the clients and the average dependence on the different levels of care if Solna were to apply the care pattern of Sigtuna and vice versa.     

A TWO-STAGE UNRELATED RANDOMISED RESPONSE PROCEDURE

In a sample survey, questions requiring personal or controversial assertions often give rise to resistance. A randomised response procedure can be used to help the researcher gather accurate data in this case. This paper describes a new two-stage unrelated randomised response procedure that combines the use of two randomisation devices (Mangat & Singh, 1990) and an unrelated question (Horwitz et al. 1967). It examines the situation where the respondents are not completely truthful in their answers. The efficiency of this new method is compared with the original one-stage procedure proposed by Horwitz et al. (1967), and guidelines for choosing the values of different parameters for the procedures are provided. Results from an empirical study which examines the efficiency and feasibility of the proposed method are given.     

A SIMPLE SEQUENTIAL WILCOXON TEST

A simple sequential non-parametric test for the two-sample problem is proposed. A method of deriving its O.C. and A.S.N. funtions is given, and their adequacy confirmed by simulation. The test is found to require about 10 percent more observations than an optimal rank test; however it is much easier to apply. The test is found to be relatively robust.     

Bayesian binary segmentation procedure for detecting streakiness in sports

Summary.  When an individual player or team enjoys periods of good form, and when these occur, is a widely observed phenomenon typically called 'streakiness'. It is interesting to assess which team is a streaky team, or who is a streaky player in sports. Such competitors might have a large number of successes during some periods and few or no successes during other periods. Thus, their success rate is not constant over time. We provide a Bayesian binary segmentation procedure for locating changepoints and the associated success rates simultaneously for these competitors. The procedure is based on a series of nested hypothesis tests each using the Bayes factor or the Bayesian information criterion. At each stage, we only need to compare a model with one changepoint with a model based on a constant success rate. Thus, the method circumvents the computational complexity that we would normally face in problems with an unknown number of changepoints. We apply the procedure to data corresponding to sports teams and players from basketball, golf and baseball.     

Dynamic sampling plans in on-line control charts

Three simple dynamic sampling plans for detecting the change point are investigated in the discrete-time case. The first is a two-rate sampling CUSUM procedure. The second is a two-rate sampling Shiryayev-Roberts procedure. The third is a periodic sequential testing procedure. Two problems are discussed. First, simple design methods are provided for practical use. Second, a comparison between the three plans is made in the continuous-time case, which shows that by properly choosing the design parameters, the three plans can be made equally efficient in certain senses.     

Recursive procedures for multiple decisions: finite time memory and stepwise maximum likelihood procedure

A version of the multiple decsion problem is studied in which the procedure is based only on the current observation and the previous decision. A necessary and sufficient condition for inconsistency of the stepwise maximum likelihood procedure is shown to be the boundedness of the likelihood ratios. In the case of consistency the (typically slow) rate of convergence to zero of the error probabilities is determined.