1,721,002 research outputs found
Enterotoxin production by Staphylococcus warneri CCRC 12929- A coagulase negative strain
No full textResearch on Legal System of Judicial Ethics Regulations
No full text司法制度能否運作順暢，與法官、檢察官、律師等司法制度參與者的素質優劣有密切關連，日本在二次戰後將以上三者合稱為「法曹三者」。對法律倫理之要求，源於法律專業者悖反其公共服務之不義行為。從職務之特質觀察，法官倫理特別重著於法官之獨立性與公正性。
影響法官獨立審判之負面因素甚多，其中「貪腐」是過去幾年被廣泛使用的概念。本文認為司法貪腐的意義及型態，不能僅以犯罪的觀點進行審視，只要是為自己或他人圖謀任何形式的私人非法利益，而對司法體系造成負面影響，並悖離司法公正的一切濫權或不當行為，均應屬於司法貪腐。由《聯合國反腐敗公約》之規定可知，制定關於審判機關人員之行為規則，不但是解決司法貪腐的可行手段，更是現代國際社會要求各國應該履行的國際義務。
根據國際透明組織公布的「2010/2011全球貪腐趨勢指數」顯示，有42% 的臺灣民眾認為司法機關是所有參與評比的部門中，貪腐情況最為嚴重者。本文另由1992年至2011年6月法官受議決成立懲戒之案例中，整理歸納出法官違紀之類型，發現以辦案疏失、怠惰、未謹慎切實者最多，不當社交及理財之情形次之，其中也不乏因破壞法官公正廉潔形象嚴重，而受休職或撤職並停止任用之處分者。準此，制定具有可執行性的審判機關人員行為規則並加以落實，確為我國當前應努力之目標。
目前各國在法官倫理領域的發展，呈現出兩種不同的趨勢：一是透過制裁強制要求遵守；另一則是由法官基於內在確信而自願奉行。我國法官法授權司法院徵詢全國法官代表意見後制定法官倫理規範，要求法官應確實遵守，違反倫理規範情節重大者，得對其進行評鑑；有懲戒必要者，並得為懲戒之事由。可知我國是採取上述第一種模式。基於以往經驗，訂定法官倫理規範並賦予強制效力，確有必要。但如何在法官行為規範與法官基本權利之間求取平衡，亦為值得嚴肅看待的重要議題。
美國是法官倫理規範制定最早及最完備之國家，在亞洲，日本、香港也被認為是司法清廉度極高的國家和地區。本文爰以美國、日本、香港之法官倫理規範及違紀案例為比較研究對象，分別從法官倫理之基本原則、執行司法職務行為及職務外活動等方面，對我國法官倫理規範進行檢視，以期發現並補充不明確或不足之處，並作為日後解釋疑義之依據及相關部門修法之參考。The question of whether a judicial system will work smoothly depends greatly on the quality of its participants: the judges, prosecutors, and the attorneys. For this reason, post-WWII Japan referred to the above three participants as the “three arms of justice”. The demand for legal ethics originated from mala fide acts committed by legal professionals that violated the nature of their public service. Due to the special nature of a judge’s role, the professional ethics of a judge place particular emphasis on the requirements of independence and fairness.
Many factors detrimentally affect the independent decision-making of a judge; amongst them, “corruption” is a concept that has been widely applied in recent years. The author of this thesis considers that the definition and forms of judicial corruption cannot be determined purely from the perspective of whether a crime has been committed. The concept of “judicial corruption” should include any abuse of power or improper act that seeks to derive a personal, illegal gain in any form for the judge him/herself or any other person, that departs from the ideas of judicial fairness and results in a detrimental effect on the judicial system. The provisions of the “United Nations Convention Against Corruption” (UNCAC) demonstrate that the formulation of codes of conduct governing personnel of judicial authorities is not only a feasible means of solving judicial corruption, but is also an international obligation placed upon all member countries by the contemporary international community.
According to the “2010/2011 Global Corruption Barometer” released by Transparency International, 42% of the Taiwanese public believe that corruption is most serious amongst the judicial authorities, in comparison to the other departments being evaluated. By examining the cases of affirmed disciplinary action against judges from the period of 1992 to June 2011, the author of this thesis has found that the types of violations committed by judges are mostly negligence, laziness, and lack of proper care in investigations, followed by inappropriate social relationships and financial management. There were also a number of judges who were suspended or permanently dismissed, due to their having severely damaged the fair and honest image of a judge. Therefore, it is indeed necessary for Taiwan to work towards formulating an enforceable code of conduct governing judicial authority personnel, and to implement such code.
Presently there are two different international trends in the development of a judges’ code of ethics: one is the mandatory demand for compliance through sanctions; the other is voluntary compliance by judges based on their internally held beliefs. Under Taiwan’s Judges Act, the Judicial Yuan was authorized to issue the Code of Conduct for Judges, after seeking the opinion of the national judges’ representatives, and judges are mandatorily required to comply with this Code. A serious violation of the Code will result in an evaluation; disciplinary action will be imposed under several circumstances if necessary. This shows that Taiwan has followed the first trend. Based on past experience, it is indeed necessary to formulate a judicial conduct code and to equip it with mandatory effect. However, there is also another serious and important issue of how to strike a balance between a code of conduct for judges, and the fundamental rights of judges.
The United States was the first country to impose a code of judicial conduct, which is also the most comprehensive. In Asia, Japan and Hong Kong have also been considered to demonstrate relatively high degrees of judicial honesty. This thesis seeks to examine the Code of Conduct for Judges of Taiwan by studying and comparing the codes of judicial conduct of the United States, Japan and Hong Kong, as well as their records of violations, from the perspectives of the fundamental principles of such codes, the carrying out of judicial powers and duties, and activities outside the scope of duties. It is hoped that such a study will uncover and supplement any uncertainties or inadequacies in Taiwan’s existing Code of Conduct for Judges, so that it may serve as a basis for future interpretation of uncertainties, and as a reference for legal amendment by the relevant authorities
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
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