物权法定原则缓和与非法定物权

在坚持物权法定的原则下,实行物权法定的缓和也是物权立法的趋势,否则,严格固守物权法定原则,物权法就会脱离市场经济发展的需求,可能会扼杀新兴的物权,阻碍市场经济的发展.因此,<物权法>在奉行物权法定原则的同时,也应当实行物权法定的缓和.     

戒毒人员高复吸率问题研究

从当前戒毒人员高复吸率的原因分析可以看出 ,我国现行自愿戒毒、强制戒毒和劳教戒毒相结合的“三位一体”戒毒模式 ,过于注重生理脱毒 ,弱化了心理脱毒和善后辅导 ,不利于降低复吸率。因而笔者建议将我国现行戒毒体系重构为劳教戒毒与服刑戒毒相结合的“二元制”戒毒体系 ,增设吸食、注射毒品罪 ,延长戒毒期限 ,建立戒毒回归人员生活、就业基地等。     

《鹿特丹规则》的中国立场

《鹿特丹规则》试图在与海运相关的国际运输领域确立一套统一的规范,该规范在形式上采取国际条约的方式,在内容上则进行了制度创新,重新配置了承运人和货方的权利和义务。结合当今国际社会多层次主体、多元治理模式的发展趋势,对《鹿特丹规则》所采取的规范形式进行考量。着眼中国的航运大国和贸易大国的现实,指出中国对船货双方都有重大的关切,分析中国在《鹿特丹规则》语境下的利益取向,并不能得出船方或货方的利益即是中国的利益界定基础,采用这一规则对于中国可能并不意味着＂帕累托改进＂。根据《鹿特丹规则》相关规定,暂不加入《鹿特丹规则》并不意味着中国被拒于该体系之外。中国作为全面参与《鹿特丹规则》确立的国家,可以通过签署的方式表达中国对国际货运规范制定的肯定态度和决定意义,以进一步发挥中国在国际立法中的引领作用。     

The counterfactual fallacy: Confusing what might have been with what ought to have been

The thesis of this article is that reactions to misfortunes are often biased by the counterfactual fallacy: the tendency to view events that can easily be imagined otherwise as events that ought not to have been. Drawing upon a diverse set of empirical findings we demonstrate that victims' and observers' reactions to misfortunes depend on the extent to which the event prompts them to generate counterfactual thoughts or images of more positive alternatives. We discuss the factors that determine the ease with which a negative event can be imagined otherwise, along with their relevance to a variety of justice-relevant responses, including perceptions of deservingness, recommendations for compensation, and blame assignment.     

Competency to stand trial: a conceptual model for its proper assessment

The assessment of competency to stand trial is frequently fraught with conceptual confusion resulting from a failure to properly apply the data of the clinical examination to the relevant legal criteria. A basic question scheme that encompasses (1) the defendant's psychiatric status, (2) the effects of that status on his functioning, and (3) his apparent ability to participate in legal proceedings, is introduced to clarify the evaluation of fitness to stand trial. The way in which combinations of answers to three "basic questions" generate a scheme that clarifies the difficulties encountered in most competency evaluations is shown. Eight paradigm cases are generated. Five of these (competence, incompetence, mentally ill but competent, malingering, and impaired but competent) are frequently straightforward. However, the three possibilities in which a defendant meets criteria entailed by two of the three questions are inherently subject to controversy. These situations (circumscribed psychosis related to the charges, malingering in the context of mental illness, and functional deficits in the context of minor mental illness) are discussed in detail and illustrated with case material.     

Addiction as Defect of the Will: Some Philosophical Reflections

Law and Philosophy -     

The role of cognition in fitness to stand trial: a systematic review

The aim of the current paper was to systematically review the quality and design of the literature examining cognition and fitness to stand trial (FST). Ten empirical studies published between 1970 and July 2013 met the inclusion criteria. All studies utilised cross-sectional designs and six were prospective. Study quality was appraised based on FST research guidelines. The study quality was highly variable. Intelligence was controlled statistically in only half of the included studies. Cognitive processes, specifically, processing speed, verbal memory and visuoperceptual skills differentiated fit and unfit groups. Aspects of executive functioning, including social knowledge and abstract thinking, influenced FST. Future studies should use prospective consecutive designs and multivariate statistical strategies that control for potential confounds. Comprehensive assessment across a number of cognitive domains is needed in order to validate research conducted to date and guide forensic assessment of FST.