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    The Detention of Accused -- Its Legislative Change in Taiwan

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    羈押之設置原為檢察官與法官偵查審判案件時,為打擊犯罪防止被告逃亡、勾串、湮滅證據,使訴訟程序順利完成之最重要利器。唯此一制度與無罪推定原則具有高度緊張關係,使用不當等於顛覆無罪推定原則。然臺灣過去因司法常為威權統治用以打擊政治異己、迫害民主人權之工具,致使羈押應有之本質與功能變質與扭曲。即令在解嚴後,仍有部分司法人員之觀念與心態,並未隨之改變與調整。綜觀1987 年7 月以來,社會矚目之重大案件,如黑名單政治犯許信良,刑事犯前立委王令麟,乃至近日前總統陳水扁涉嫌貪污案之偵審過程,均引發朝野社會一片譁然與激烈之反應。而立法委員在同仁慘痛之實例下,則常於修法或審查預算時,利用職權反制檢察及司法機關。因之,羈押在我國實務運作與立法變遷間,常有法律專業與政治利害之杆格情事,此在歐美日之法治國家較少遇見,何以「橘逾淮為枳」, 實有探究之必要。The Detention of Accused in its original setting is for prosecutors and judges during the investigation or trial period of pending crime cases to prevent the accused from absconding, conspiring with a co-offender or witness, or destroying evidence. It is the most important measure for achieving the successful completion of criminal proceedings. However, this measure is often in conflict with the presumption of innocence principle. Improper practice of detention could subvert the presumption of innocence principle. In the past under the authoritarian rule, the administration of justice in Taiwan often used detention as a tool for persecuting political dissidents, which have deteriorated and distorted the nature and function of detention practice. Even after the lifting of martial law, there are still some judicial officers who have not changed or adjusted their mindset about detention practice. Traced back from July 1987 on, the criminal proceedings of some notable accused, such as the political prisoner Hsu Hsin-liang, the former legislator Wang Lin-ling, and even the former President Chen Shui-bian, who was indicted for corruption and bribery, all have caused uproar in the community and intense bickering of both the ruling and opposition parties. Furthermore, Legislators, after their colleagues were detained, often exercise their legislative power – amending laws or boycotting budget bills -- to counter the prosecution and the judiciary system. Therefore, the practice of detention and the legislative change in Taiwan – i.e. amending of the Code of Criminal Procedure on detention of accused – often reflect the conflict between legal professionalism and political self-interest. This phenomenon is seldom seen in the countries with clear rules of law, such as Europe, America and Japan and warrant further study

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The 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

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    “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

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    We 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

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    We 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
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