略论行政控权

行政权力的行使必须受到法律的制约,在法律设定的范围内进行。不受法律约束的权力会导致权力的滥用,形成权力腐败;不受法律约束的权力是人治的典型体现,与法治水火不容。为了使行政执法依法进行,行政相对方的权利尽量少受侵害,行政控权势在必行。从这个意义上说,控权是行政法实施的基础。     

论所有权的限制

所有权是一种最为完备、最为充分的物权,所有权制度是物权制度的核心。但任何一项权利都不 是绝对的,所有权也应受到一定的限制。从所有权限制的背景考察和法理基础出发,阐释所有权 应受限制之理由,并对我国所有权限制之状况进行了总结,并指出对所有权的限制与法律规定所 有权制度的目的是一致的,设定所有权的目的是为了解决资源的有限性和人的欲望的无限性引 起的人与人之间对物关系的紧张性,那么对所有权进行限制同样离不开这一目的。     

MDMA的死后再分布及其机制

对MDMA死后再分布及其发生机制进行的动物实验和案例研究的文献,阐述MDMA死后心血浓度升高、死后通过胃肠道和气管内MDMA的再分布、MDMA在死后代谢再分布中的作用,以及死后再分布的发生机制与死后血液流动、顺浓度梯度扩散、毒物的代谢等有关的问题。     

Age Adjustment and Recall Bias in the Analysis of Domestic Violence Data: Methodological Improvements Through the Application of Survival Analysis Methods

This methodological paper presents the utility of survival analysis methods to provide age adjustment in the analysis of domestic violence data. These methods improve the estimation of lifetime probability of domestic violence, improve identification of patterns of first victimization over the lifespan, and provide methods of testing risk factors for first victimization while adjusting for the respondents' age. Most importantly, these methods allow a new investigation of recall bias. Results suggest that lifetime probability of abuse may have been substantially underestimated in previous studies because of problems in recall/disclosure encountered by middle-aged women.     

Dominance and Domestic Abuse Among Mexican Americans: Gender Differences in the Etiology of Violence in Intimate Relationships

Gender differences in dominance and aggressive behavior in intimate relationships among Mexican Americans were examined. Three hundred and sixteen Mexican American men and women took the Dominance Scale and the Conflict Tactics Scale 2 (CTS2). Results showed that power and possessiveness were associated with all types of aggressive behavior. Dominance was, however, expressed differently by men and women. High power and possessiveness were associated with all types of aggressive behavior. Decision-making power was also associated with physical assault, and high devaluation with inflicting injury among men. Among women, high power was only associated with physical assault, whereas possessiveness was associated with psychological aggression and physical assault. Devaluation was also high among women who inflicted injury on their male partners.     

大胆尝试,谨慎操作——论医疗公证中的若干问题

本文从真实性、合法性、可行性三个角度论证了医疗公证可以成为公证业务的新领域 ,医疗公证可以大胆尝试。但同时指出 ,由于相关法律不健全 ,配套条件不完善 ,尤其是监督机制的缺失 ,医疗公证存在被滥用的可能 ,因此 ,医疗公证在实践中必须谨慎操作。最后作者对如何遏制滥用医疗公证提出了自己的建议。     

From abusive household to dating violence

Social scientists have theorized about the cycle of domestic violence in family abuse. Little research has addressed dating violence as a consequence to the experience of domestic violence by children. This article deals with the self-reported experience of dating violence by high school students from abusive and nonabusive households. A survey was conducted of 1,353 students in a rural area of North Dakota. Results indicated that students from abusive households showed significantly higher incidence of dating violence than those from homes where no abuse was evident. However, less than one in five of the students from abusive home reported dating violence, providing little support for the cycle of violence hypothesis. Students from abusive homes viewed violence as negatively as students from nonabusive homes. Thus, while there are significant differences between the two groups, there are also important similarities. Although there is apparently a greater risk of dating violence among students who have experienced violence at home, these data do not support the idea of an inescapable pattern of violence among adolescents who have experienced violence themselves.     

DOMESTIC VIOLENCE IN SAME‐GENDER RELATIONSHIPS

Physical violence occurs in 11–12% of same‐gender couples, which suggests that domestic violence is an abuse of power that can happen in any type of intimate relationship, regardless of gender or sexual orientation. Although incidents of violence occur at the same rate in same‐gender couples and cross‐gender couples, the violence appears to be milder in same‐gender couples and it is unclear what percentage of same‐gender violence should be characterized as abuse or intimate terrorism. Same‐gender victims also suffer from the additional stress of severe isolation and the abuser's threats to expose the victim's sexual orientation in a hostile manner.     

Intimate Partner Violence in Extremely Poor Women: Longitudinal Patterns and Risk Markers

Despite high revalence rates of intimate partner violence in the lives of extremely poor women with dependent children, few studies have investigated the patterns of violence that occur over time, and the characteristics of women that serve as risk markers for partner violence. This paper describes patterns of domestic violence longitudinally and uses multivariate analyses to delineate childhood and adult risk markers for recent intimate partner violence in this population of women. Analyses draw upon a sample of 436 homeless and extremely poor housed mothers receiving welfare, in a mid-sized city in Massachusetts with a large Hispanic population of Puerto Rican descent and relatively fewer Blacks. We found that among women with complete longitudinal data (N=280), almost two-thirds experienced intimate partner violence at some point during their adult life by the end of study follow-up, and that the abuse before and after the baseline interview was episodic and limited over time. To examine the role of individual women's factors, while controlling for partner characteristics, we used baseline data on women who had been partnered during the past year (N=336). Among childhood predictors, we found that sexual molestation contributed most significantly to adult intimate partner violence that occurred during the past year prior to the baseline interview. Adult risk markers included inadequate emotional support from non-professionals, poor self-esteem, and a partner with substance abuse problems. Having a partner with poor work history was another independent predictor of recent abuse. Ethnicity did not significantly predict whether women were abused or not during the past year, contrary to other findings reported in the literature.     

Beliefs About Wife Beating Among Arab Men from Israel: The Influence of Their Patriarchal Ideology

Despite the recent increase in public and professional interest in the problem of wife beating in Arab society, in Israel, and in the rest of the Arab world, there is a serious lack of empirical research on different dimensions of the problem in those societies. This paper presents the results of a survey conducted among a systematic random sample of 362 Arab husbands from Israel, in an attempt to examine the contribution of patriarchal ideology toward explaining their beliefs about wife beating. Although about 58% of the participants indicated that there is no excuse for a man to beat his wife, 15–62% still justified wife beating on certain occasions (e.g., adultery, failure to obey husbands, disrespect for parents and relatives). In addition, although the participants tended to perceive abusive and violent husbands as responsible for their behavior, 52% still expressed understanding of that behavior and, on some occasions, 23–43% even blamed the wife for violence against her. Regression and multiple regression analyses revealed that over and above the participants' age and level of education, their masculine sex-role stereotypes, negative and traditional attitudes toward women, nonegalitarian marital role expectations, and familial patriarchal beliefs were the most significant predictors of beliefs about wife beating. Implications of the results and limitations of the study are also discussed.