美国行政诉讼若干问题

<正> 一个律师要代理当事人向法院起诉政府当局或管理机构的行为,控告行政机关的行为是违法的,他怎么向法院提起诉讼呢?他的案件属于哪个法院管辖呢?他所控告的行政行为是否属于法院的审查对象?当事人具有诉讼资格吗?对该行政行为起诉的诉讼时机是否已经"成熟"?当事人是否已穷尽了行政救济途径?本文将分别讨论这些问题。     

Fiji: country profile

Fiji is a country consisting of 300 South Pacific islands, of which the largest is Vitu Levu, which includes the capital, Suva. The islands are home to 700,000 people, of whom 50% are Indian, 46% Melanesian, and the rest Chinese or European. The official language is English, and the major religions are Hinduism and Christianity. Literacy is 79% for men and 64% for women, whose status is generally low in this patriarchal society. Infant mortality is 27/1000 live births, but life expectancy is 70 years. The British began sending missionaries and manufactured goods in the early 1800s and annexed the islands in 1874 as a source of sugar, for which they expropriated the land and imported the Indians as agricultural workers. Sugar remains the largest export along with coconut oil, gold, and timber. Manufactured goods, food, fuel, and chemicals are imported, and the national debt is over $200 million. Foreign investment, mostly by Australia, is $13.2 million. Inflation is 20%; 200,000 people are unemployed, and poverty is general except for the urban elite. The Fijian dollar is worth US. 80. Independence, granted in 1970, replaced colonial control with military governments, currently that of Colonel Rambuka, who refused to allow a democratically elected government to take office. Faced with a declining economy and the political power of the fascist Taukei movement, the Indians, who had been the shopkeepers, craftsmen and bureaucrats during the later period of colonial rule, have been emigrating en masse.     

Swaziland: country profile

Although Swaziland had been independent from colonialism for 20 years, a powerful monarch, King Mswati II, continues to control the country's political, religious, and social system. Swaziland has a population of 676,000, half of whom are under 15 years of age. The infant mortality rate is 105/1000 live births and 25% of children die before they reach their 5th birthday. Life expectancy is 54 years. Tribal chiefs, representing the king, hold and distribute about half of the national land. Most of the fertile land remains in the hands of white settler farmers. The concentration of income in foreign companies and urban centers has exacerbated poverty in rural areas. Depreciation of rand-linked local currency has boosted export earnings, but it has also raised the price of food and medical imports. Swaziland's main exports are sugar, wood pulp, chemicals, and fruit, most of which go to the UK and South Africa. The major food crops are maize, beans, groundnuts, and sorghum. About half of the working population is engaged in small-scale subsistence farming, but food yields are declining. The major producers are foreign companies attracted by Swaziland's low taxes and cheap labor supply.     

Consequences and dilemmas in therapeutic relationships with families resulting from mandatory reporting legislation

Mandatory reporting legislation has been adopted in every state to insure the protection of children from maltreatment. These statutes have become a significant factor in the lives of mental health professionals who work with children and families. Thirty psychotherapists who had made a recent report of child maltreatment on a client in treatment were interviewed about their experiences with reporting and the consequences of reporting for therapeutic relationships. Several potentially problematic consequences and dilemmas were identified by the therapists, including immediate and long-term effects on the therapeutic alliance and course of therapy, and conflicts of interest in working with children and families.     

可保利益

<正> 保险并不意味着也不应该向任何人无条件地提供保险,以免在损失发生之时,使有些被保险人从赔偿中获取一种纯净的利益。在实践中,对此进行控制的相当可靠的方式,便是采取"可保利益"原则。一、坚持可保利益原则的目的在判例和成文立法中,贯穿于可保利益原则全部发展途程的两个主要目的,曾引起立法     

美国的商标和商标法

<正> 一、商标的性质商标的主要功能是识别商标所属产品的来源。它也有一种广告功能和保证功能——这后一功能,是保护产品的来源和产品在广告上被宣传的质量。在人们的心目中,商标的能力有强有弱。家用电器用具制造商——阳光公司,是注册商标"阳光"的所有权人。该公司对阳光家具公司提起诉讼。法院下令禁止被告把"阳光"这     

论犯罪现象的发生和变化的依赖关系

<正> 一、犯罪的因果关系问题在犯罪学中研究犯罪现象问题时,可以看到诸如"成因"、"原因"、"动机"、"根源"、"滋生情况"或者更普遍的"病源"、"犯罪发生因素"这样一些概念被作为相同意义概念使用的情况。要整顿好达类术语是相当困难的,因为在这