Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also h...Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also have a lot of problems in the face of the definition of the meaning of the defective evidences, the correction application, and the degree restrictions. Behind this reflects the contradiction between the stress of the prosecution organs in the criminal detection and the deepening of the resisting mechanism in the court. And the litigation structure of the ＂division of responsibilities among three authorities＂ and the trial mode of ＂the centralism of the book records of the cases＂ exacerbated this opposition. On the basis of clarifying the origin and the meanings of the defective evidences, the author of this paper analyzes the essence and its harm of the rule. Through the reflections of the problems existing in the practice, the author further defines the two types of the ＂defects＂ that shall not be allowed to correct.展开更多
There is growing interest in the role that apex predators play in shaping terrestrial ecosystems and maintaining tro- phic cascades. In line with the mesopredator release hypothesis, Australian dingoes （Canis lupus d...There is growing interest in the role that apex predators play in shaping terrestrial ecosystems and maintaining tro- phic cascades. In line with the mesopredator release hypothesis, Australian dingoes （Canis lupus dingo and hybrids） are assumed by many to regulate the abundance of invasive mesopredators, such as red foxes Vulpes vulpes and feral cats Fells catus, thereby providing indirect benefits to various threatened vertebrates. Several recent papers have claimed to provide evidence for the bio- diversity benefits of dingoes in this way. Nevertheless, in this paper we highlight several critical weaknesses in the methodologi- cal approaches used in many of these reports, including lack of consideration for seasonal and habitat differences in activity, the complication of simple track-based indices by incorporating difficult-to-meet assumptions, and a reduction in sensitivity for as-sessing populations by using binary measures rather than potentially continuous measures. Of the 20 studies reviewed, 15 of them （75%） contained serious methodological flaws, which may partly explain the inconclusive nature of the literature investigating interactions between invasive Australian predators. We therefore assert that most of the ＂growing body of evidence＂ for meso- predator release is merely an inconclusive growing body of literature only. We encourage those interested in studying the eco- logical roles of dingoes relative to invasive mesopredators and native prey species to account for the factors we identify, and cau- tion the value of studies that have not done so [Current Zoology 57 （5）： 568-583, 2011].展开更多
文摘Since the implementation of the rules of the supplement and correction of the defective evidences, there are many problems in the practice. The actual investigations and researches also feedback that the judges also have a lot of problems in the face of the definition of the meaning of the defective evidences, the correction application, and the degree restrictions. Behind this reflects the contradiction between the stress of the prosecution organs in the criminal detection and the deepening of the resisting mechanism in the court. And the litigation structure of the ＂division of responsibilities among three authorities＂ and the trial mode of ＂the centralism of the book records of the cases＂ exacerbated this opposition. On the basis of clarifying the origin and the meanings of the defective evidences, the author of this paper analyzes the essence and its harm of the rule. Through the reflections of the problems existing in the practice, the author further defines the two types of the ＂defects＂ that shall not be allowed to correct.
文摘There is growing interest in the role that apex predators play in shaping terrestrial ecosystems and maintaining tro- phic cascades. In line with the mesopredator release hypothesis, Australian dingoes （Canis lupus dingo and hybrids） are assumed by many to regulate the abundance of invasive mesopredators, such as red foxes Vulpes vulpes and feral cats Fells catus, thereby providing indirect benefits to various threatened vertebrates. Several recent papers have claimed to provide evidence for the bio- diversity benefits of dingoes in this way. Nevertheless, in this paper we highlight several critical weaknesses in the methodologi- cal approaches used in many of these reports, including lack of consideration for seasonal and habitat differences in activity, the complication of simple track-based indices by incorporating difficult-to-meet assumptions, and a reduction in sensitivity for as-sessing populations by using binary measures rather than potentially continuous measures. Of the 20 studies reviewed, 15 of them （75%） contained serious methodological flaws, which may partly explain the inconclusive nature of the literature investigating interactions between invasive Australian predators. We therefore assert that most of the ＂growing body of evidence＂ for meso- predator release is merely an inconclusive growing body of literature only. We encourage those interested in studying the eco- logical roles of dingoes relative to invasive mesopredators and native prey species to account for the factors we identify, and cau- tion the value of studies that have not done so [Current Zoology 57 （5）： 568-583, 2011].
