论《鹿特丹规则》中的无单放货问题

在当前的海运实践中,无单放货现象普遍存在。为了解决这一问题,《鹿特丹规则》改变了过去将凭单放货作为承运人一项强制性义务的做法,反而允许承运人在某些情况下可以无单放货并无须承担相应的法律责任。此种新规定有其积极的意义,但也存在着诸多不成熟和不完善之处。在这一问题上,我国应保持谨慎的态度,切不可盲目移植《鹿特丹规则》中的新规定。     

视频分享网站能否安全驶入“避风港”——“避风港”条款在其责任认定中的适用

在诉讼中视频分享网站往往寻求＂避风港＂条款的庇护。但在最近审结的案件中,视频分享网站大多败诉,表明在实践中法院适用该条款的尺度比较严苛,倾向于让服务商在保护版权人权利上承担过重的责任。如何正确适用＂避风港＂条款成为视频分享网站能否健康发展的重要问题。     

法官对专家辅助人意见的采信与心证形成的路径分析

2012年《民事诉讼法》规定了专家辅助人两种出庭情形:与鉴定人进行质证;对案件所涉专业问题发表意见。两种情形不仅在事实认定中承担着本证与反证的不同功能,其意见效力、法官采信的逻辑亦有差别。目前,专家辅助人意见在我国不属于法定证据,2015年《民事诉讼法司法解释》将其视为当事人陈述的规定,更加弱化其效力,导致实践中法官在采信专家意见时难以操作。因此,赋予专家辅助人合法的诉讼地位和法定证据效力,并对专家辅助人出庭的条件、资质要求、意见属性、法院审查标准等方面予以规定,不仅完善立法,也具有非常重要的实践意义。     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

Evaluating Brazilian South–South Cooperation in Haiti

I focus on evaluating Brazilian development and humanitarian cooperation in Haiti to answer how emerging providers such as Brazil are contributing to global development through cooperation. The paper establishes criteria for evaluation, arguing that global standards for aid effectiveness need to be expanded. I argue that when assessed on ownership, efficiency and sustainability, cooperation holds several advantages and limits, such as misplaced assumptions that Brazil’s approach is appropriate elsewhere. The discussion is rooted in the context of Haiti in order to underline how outcomes are not pre-determined, but rather depend on the model’s interaction with the partner context.     

Government,Effectiveness, Performance,and Local Property Values

Abstract

We offer a practical measure of local government effectiveness in the provision of public services relating service expenditures to aggregate property value. Building on the work of Brueckner (1979 Brueckner, J. K. 1979. Property values, local public expenditure, and economic efficiency. Journal of Public Economics, 11: 223–246.  [Google Scholar], 1982 Brueckner, J. K. 1982. A test for allocative efficiency in the local public sector. Journal of Public Economics, 19: 311–331. [Crossref], [Web of Science ®] , [Google Scholar], 1983 Brueckner, J. K. 1983. Property value maximization and public sector efficiency. Journal of Urban Economics., 14: 1–16.  [Google Scholar]) and Henderson (1990, 1995) we present an aggregate property value maximization model where levels of local public services are capitalized into aggregate property values. Using data for Wisconsin municipalities we demonstrate that service expenditure levels, and simultaneously corresponding taxation levels, are suboptimal and should be increased. The aggregate property value maximization test suggests that local public services in Wisconsin are consistently under-provided. By monitoring local property values officials can objectively measure if public services are being provided in an optimal manner.     

Determinants of Government Effectiveness

The direct relationship between government effectiveness and the population's well-being has generated a growing interest about the explanatory factors of governance quality. Thus, the aim of this study is to determine the determinants of government effectiveness, in relation to the organizational environment and political and internal characteristics of public administrations. For this, we used a sample composed by 202 countries observed between 2002 and 2008. A World Bank governance indicator represents the government effectiveness. We estimated a panel data dependence model by the Generalized Method of Moments estimator to avoid heterogeneity and endogeneity problems. Furthermore, a CHAID algorithm provides a classification of governance quality according to the predicted determinants.

The results show that government effectiveness is initially explained by the organizational environment, related to economic development and educational status. Later, and according to countries’ income distribution, political constrains and some organizational characteristics, such as gender diversity and government size, may improve governance quality.     

地方政府有效引导网络舆论思考

网络舆论的日益发展和兴起给地方政府带来了新的挑战和考验,网络舆论引导成为地方政府面临的新课题。尽管地方政府非常重视网络舆论引导,但在重视程度和引导效果方面依然存在差距,普遍存在网络舆论引导效果不彰的问题。因此,不断增强地方政府网络舆论引导性的有效性是各级地方政府亟待解决的问题。     

Specialized Domestic Violence Courts

Abstract

The multimethod study assesses the perceptions of specialized domestic violence courts' processes with victims' experiences as the central focus. Perceptions of the traditional courts and specialized domestic violence courts are compared among victims, courtroom police, attorneys, judges and victim advocates. Domestic violence education among attorneys, judges, and victim advocates is also compared. Despite the intended improvements with the specialized court model, victims report similar problems in both court models. Safety and victims support among respondents is mixed. Professionals from the specialized court receive no more domestic violence education than those from the general court. Victims' and courtroom police recommendations are presented.     

Delivering effective therapeutic interventions for men with severe personality disorder within a high secure prison

Abstract

The Fens Unit is a government-initiated facility for male prisoners reaching criteria for Dangerous and Severe Personality Disorder (DSPD). Prisoners are assessed using a standardised process; those meeting criteria engage in a five-year treatment programme using a cognitive interpersonal model. Personality disorder is seen as a combination of coping strategies, developed in response to experience, which results in dysfunctions of thinking, feeling, behaviour and interpersonal relationships. These dysfunctions are linked to offending. Therefore, in order to reduce risk, multiphasic interventions – individual and group therapies – specifically target each dysfunction area, focusing on the developmental experiences that generated them. Each man's individual risk factors become treatment targets that are addressed in every aspect of the programme. All staff on the unit, clinical and operational, attempt to improve the quality of interpersonal relationships the prisoner has access to in order to create remedial experiences that are necessary to attain the capacity to develop socially adaptive cognitive, emotional and behavioural responses. This paper describes the treatment provided to these prisoners and the outcomes for the first cohort to have completed treatment (n=18). Results indicate that there is a reduction in violent behaviour, a higher than expected attendance at therapy, a decrease in actuarial risk measures and the majority of men are successfully managed in lower security after programme completion.