英美国家的专家证据制度与我国专家证据制度的建立

专家证据是随着科技进步而广泛运用的证据形式。英美法系国家的专家证人制度将专家视为一种特殊证人较有特色。专家证人以鉴定结论或专家意见等多种形式向法庭提供证据 ,强调专家证人的公正性、独立性 ,通过交叉询问进行审查。而我国专家证据仅有鉴定结论一种形式 ,既不科学 ,又不能满足实际需要。借鉴英美国家的经验与教训 ,建立我国以鉴定结论为主、以专家证言为补充的专家证据制度势在必行     

Interpreting DNA Mixtures with Related Contributors in Subdivided Populations

Abstract.  In this paper, we study the statistical interpretation of forensic DNA mixtures with related contributors in subdivided populations. Compact general formulae for match probabilities are obtained for two situations: a relative of one tested person is an unknown contributor of a DNA mixture; and two related unknowns are contributors. The effect of kinship and population structure is illustrated using a real case example.     

点击式合同的民事纠纷的管辖及其证据规则

点击式合同是在网络中应用的一种特殊的合同订立形式,由于其订立方式的特殊性,导致在其引起的民事纠纷处理上我国目前的管辖制度和证据规则难以适用,为了适应网络发展和新合同形式的需要,必须制定新的法律规则,以促进网络贸易的发展。     

司法鉴定之中立性问题研究

“中立”,作为实现司法公正的基本理念从古罗马时代至今未有改变。有所缺憾的是,与中立理念在诉讼中的应有地位相比,诉讼法学界和司法实务部门并没有充分认识到中立的重要价值,对其理解过于狭窄,现有制度对诉讼中立性的保障或体现也有所不足,影响了实体公正与程序公正的实现。因此,笔者从广义的中立观出发,以司法鉴定制度作为切入点,对其中有违中立性的问题进行探讨,并提出了自己的管见,以求教于各位同仁。     

构建我国法务会计人才培养模式

随着我国市场经济的快速发展，经济纠纷、经济案件中所涉及的财务会计问题越来越多，迫切需要法务会计人员从会计和法律的专业角度进行调查、取证和鉴定，为法庭提供专家意见。但我国法务会计理论研究滞后、从业人员素质不高、法务会计人才严重匮乏，远远不能满足日益增长的法务会计需求。由于法务会计与财务会计有较大区别，因此，我国应加强法务会计建设，强化法务会计理论研究，并针对我国法务会计的现状，构建学历教育、在职教育和社会教育三位一体的法务会计人才培养模式，以培养具有中国特色的、多层次的、复合型法务会计人才。     

The duty to care and the need to split

This paper arises out of psychoanalytically oriented consultancy to teams of staff in the helping professions where there is a statutory 'duty to care'. It takes as its premise the seemingly paradoxical hypothesis that workers may need to split off part of their emotional experience in order to preserve their own mental health and provide reliable services to their clients. I argue that while a professional 'duty to care' requires us to be emotionally 'in touch', the demands of our clients together with the demands of the institutional response to the 'duty to care' cause us to split off parts of our awareness. I also argue that provided the splitting does not become extreme we are doing no more or less than the rest of society. In other words, there is a degree of 'normal splitting' which numbs our awareness of danger and destructiveness and seeks to protect us from too much anxiety and pain. Yet if professional workers are charged with the responsibility of assessing risk and acting accordingly for the protection of all concerned they need ways of being 'in touch' (re-integrating the splits) for some or enough of the time. Finally, I will describe ways of being 'in touch', illustrating the difficulty and the pain of re-integrating the splits and some of the insights that can arise out of this work with examples from my consultancy work.     

Countertransference Bias: Self-Examination,Not Cross-Examination

ABSTRACT

In reply to T. Tippins (2007, this issue), we take issue with his claim that recognition of the biasing impact of custody evaluators' countertransference opens the door to “evidentially legitimate” fishing expeditions through evaluators' private lives on cross-examination. We clarify the distinction between self-examination for counter-transference bias as a heuristic for improving the sensitivity and objectivity of expert testimony and its use as substantive evidence. We argue that countertransference bias is a highly personal, emotionally charged kind of bias, unlike the cognitive biases more frequently discussed in the child custody literature. We conclude that recognition of the insidious emotional influences that threaten our objectivity in working with families in high conflict divorce is an important ethical responsibility.     

Indifference and repetition: occupation testimonies and left-wing despair

As despair is increasingly seeping into leftist politics in many parts of the world, its long-held image as a hindrance to political activism still prevents the thriving literature on the politics of feeling from adequately theorizing this collective posture. This article seeks to probe the public manifestations of left-wing despair by looking at the despairing dispositions that have evolved in the Israeli Left in response to its failure to undermine Israel’s regime of occupation, using the coping modes this failure has sparked as a conduit for complicating the negative image of despair in politics. The analysis draws on two documentaries that showcase soldiers’ testimonies – Z32 and Censored Voices – in which the compulsive but fruitless repetition of witnessing is brought to the fore and serves as a platform for the enactment of despair as a distinctively public disposition. In dialogue with Wendy Brown’s notion of left melancholy and Lauren Berlant’s notion of cruel optimism, the article propounds despair – understood not as an affect, a feeling, or an emotion, but as a recursively performed posture – as an alternative analytic grid for grasping the contemporary agonies of the Left. Drawing on the Israeli documentaries, it demonstrates that despair may be propelled and perpetuated by two kinds of crises – a crisis of movement and a crisis of belonging. Taking both modalities as evidence that despair does not necessarily involve a withdrawal into the self and may transpire through public acts of care, the article claims, using Bonnie Honig’s work on public things, that the ground for the assessment of despair should be shifted from its presumed impact on political actors to the tangible imprints it leaves in the public settings in which action takes place.     

Improving medicolegal death investigative gaps of fatal elder abuse

The purpose of this brief is to present several case vignettes that illustrate omissions in the investigation of elder deaths. These vignettes demonstrate the need for a standardized approach in the conduct of medicolegal investigations of fatal elder abuse. For each of the described oversights, a recommendation is offered to address the gap in investigation processes, which in turn could improve the determination of cause and manner of elder death. Inherent limitations of resources and practical realities of death investigation are discussed and recommendations are made for future research. Viewed broadly, deficiencies in elder death investigations can lead to the underreporting of elder abuse and the reduction of legal options for victims, which may reflect a systemic pattern of social injustice.