离婚救济制度之实证研究

在北京、厦门、哈尔滨三地部分法院的调查显示 ,离婚救济制度目前在司法实践中未能得到有效适用。特别是离婚经济补偿制度和离婚损害赔偿制度适用者寥寥无几。而离婚经济帮助制度也存在着适用条件苛刻 ,受助者范围小 ,住房帮助的规定难以落到实处 ,金钱帮助数额偏低 ,经济帮助实际不到位的问题。针对调查中所显示的制度缺位与不周延问题 ,需要从制度层面进行反思 ,考虑制度性重构。     

The Number and Earnings of Lawyers: Some Recent Findings

The number of lawyers in a society may depend on the level of real income and on the scope of government regulation. Cross-national data and time-series data suggest that the growth in the number of lawyers in the United States during the past 50 years can be better explained by increases in real income than by increases in government regulation. Other tests also suggest that regulation is of lesser importance. The combined share of memberships in American Bar Association Sections more closely allied with government regulation has not increased over time. The share of billings by the legal service industry to firms is found to be relatively stable throughout the post-World War II period, suggesting that the scope of government regulation has not caused business firms to use the legal service industry more intensively over time than individuals have. An examination of the earnings of lawyers over time suggests that members of the legal profession experienced relative prosperity during the 1920s and early 1930s and during the 1960s and early 1970s. The length of these prosperous periods is traced to the slow adjustment in the number of places in law schools.     

Iaals' Honoring Families Initiative: Courts and Communities Helping Families in Transition Arising from Separation or Divorce

• It is time for a national dialogue about the feasibility of creating out‐of‐court alternatives for separating and divorcing families.
• Research indicates that separating parents who provide their children with consistency, emotional support, and low conflict help children successfully adapt in the transition process.

     

登记离婚制度实施中儿童权益保障情况实证调查研究

为建设法治中国,《中国民法典》的制定已被提上议事日程。婚姻家庭法是《中国民法典》的重要组成部分。开展我国登记离婚制度实施中儿童权益保障情况之实证调查,旨在总结我国登记离婚制度实施工作的成效,分析其不足,揭示其原因,提出改进建议。这有利于我国登记离婚制度的修改完善,有利于《中国民法典》之婚姻家庭编的制定,有利于维护儿童合法权益,保障儿童健康成长。     

Recent Firing Range Suicides in South Australia

Abstract: Two cases are reported from South Australia, where deaths occurred that were due to single self‐inflicted gunshot wounds to the head in individuals who were visiting indoor firearm ranges. Case 1: A 54‐year‐old man visiting an indoor firing range placed a .357 magnum handgun to his head and fired one shot. Case 2: A 23‐year‐old woman who was being instructed in firearm usage at an indoor firing range placed a 9 mm handgun to her head and fired one shot. In both cases, deaths were due to cerebral laceration with skull fracture. Firing ranges may be utilized by individuals who are seeking weapons for suicide attempts, and suicide may be successfully undertaken at such locations even while a victim is under direct supervision. In jurisdictions, where firearm ownership is strictly legislated, it may be that clubs can inadvertently provide access to firearms for this type of activity.     

Sentencing Thresholds in German Criminal Law and Practice: Legal and Empirical Aspects

The position of the custody threshold and the proportion of cases passing it are crucial for any attempt to reduce imprisonment. The article focuses on the sentencing threshold(s) in Germany, a country that shows relatively low incarceration rates in international comparison. This is in part due to legislation that aims to replace short prison sentences, especially those below six months, by fines, and unsuspended prison sentences up to two years by suspended ones. These provisions are widely applied in practice, yet not always in accordance with the letter of the law. The article will give an overview of the legal and practical aspects of decision-making between fines and prison sentences and between suspended and unsuspended sentences in Germany. It will show that there is not only one sentencing threshold identifiable in practice, but two different ones: firstly, between fines and suspended sentences, and secondly, between suspended and unsuspended sentences. Problems of the German system are identified, among which are the convertability of day fines into suspended and unsuspended prison terms and the treatment of persistent recidivists. Finally, possible solutions are proposed.     

Forensic Neuropsychological Aspects of Competency Evaluations: Financial and Legal Competency in Older Adults

Psychological Injury and Law - Clinical assessment of mental competence and capacity in older adults, particularly the capacity to manage one’s financial and legal matters, is an issue of...     

Divergent Expectations and Experience: An Empirical Study of the Use Children's Contact Services in Australia

In this article, an overview of the key findings from the Children'sContact Services Project is presented. Children's Contact Services(CCSs) assist separated parents to manage contact arrangementswith their children through the provision of supervised visitationand changeover services. The aims of this project were to investigatethe use of CCSs in Australia by referring agencies (eg. courtsand legal practitioners), and clients of contact services (parentsand children), and to consider the views and expectations ofthese key stakeholders regarding those usages. This approachwas based on the assumption that there are currently conflictingusages and expectations of contact services, and that this situationcould compromise children's well-being. The findings were derivedfrom two studies. The first study involved conducting 142 in-depthinterviews with representatives from the Australian Government,the courts and legal practitioners who referred families toCCSs, CCS staff and management, as well as parents and childrenwho used CCSs. The second study comprised a quantitative analysisof client data collected by CCS staff from 396 families whohad used a government funded CCS in August 2003. The findingsdemonstrated that in Australia, CCSs provided an invaluableservice that was viewed positively by government, referral agents,CCS staff and management, and by the parents and children whoused them. Despite this generally positive view, there wereconflicting expectations of CCSs that, under certain circumstances,compromised children's well-being and that of their parents,particularly their residence mothers.     

Combating Organized Financial Fraud and Money Laundering in the European Union: Recent Developments and Perspectives

In 1999 the European Union will enter the third and final stage of monetary union. The very precise timetable of economic and financial integration requires the growing de-velopment of the legal and administrative structures at Union level to prevent, to control and to punish organized financial crime at transnational level and money laundering of the proceeds of such fraud.     

Court‐Based Interventions in Spain for Families in Divorce Transition: Challenges in the Implementation of (Co)‐Parenting Coordination

Families facing separation or divorce in Spain encounter a number of obstacles, including a primarily adversarial and slow justice system, nonspecialized courts and judges, and a lack of resources to help them through the process. Recent legislation at the regional level (autonomous communities) is moving toward emphasizing shared parental responsibility and introducing parenting plans, while at the national level, legislation advances slowly. One of the main challenges professionals are facing in high‐conflict couple separation is protecting children from the effects of being in the middle of their parents’ conflict. Traditional psychological, legal, and social services are insufficient to support parents and protect their children from interparental hostile conflict—which can be exacerbated by litigation, professional intervention, domestic violence, or addiction. This article illustrates, through a case study, the implementation of parenting coordination in Spain. Different jurisdictions in Spain are slowly implementing (co‐)parenting coordination, an in‐depth intervention designed to support these families. The objective is to help families focus on children's needs and follow the court‐approved parenting plans or court orders, reduce relitigation, and improve parental communication and conflict resolution skills. This article analyzes different aspects and challenges relating to the implementation of parenting coordination in Spain. Recommendations are then made to address them.     

论离婚制度的功能

正如任何事物的初始状态往往影响甚至决定其终结状态一样,离婚制度作为婚姻制度的重要组成部分,对于保障婚姻制度正常运作,发挥着重要作用。