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1.
Stephanie Holt 《社会福利与家庭法律杂志》2018,40(4):459-476
ABSTRACTThe United Nations Convention on the Rights of the Child explicitly calls for children to be granted the right to participate in legal proceedings that affect them. Despite this legal obligation and an evolving consensus that recognises children as social and competent actors, this rhetoric has struggled to achieve translation into meaningful practice reality, particularly when decisions are being made about contact arrangements for children where there has been a prior history of domestic violence. Drawing on the narratives of children who participated in three separate research projects in Ireland between 2009 and 2015, this paper will consider the manner in which they were involved in the decision-making process and the extent to which their views were ascertained and their voices heard. This paper concludes by raising the key question of how the child’s best interests can be served if the child’s views are not sought, heard or considered. 相似文献
2.
法官释明权之理论阐释与立法完善 总被引：7，自引：0，他引：7
在百余年的发展历程中,法官释明权的功能已从救济弱势当事人演进到促进法官与当事人之间的沟通、避免突袭裁判的不意打击;到现代更发展为以达成共识为目的,促进当事人之间以及当事人与法院之间的共同讨论交流。法官释明权对促进实质正义与程序正义的实现有不可或缺的作用。完善我国有关的法官释明规范,是民事诉讼法修改的一项重要内容。 相似文献
3.
Anthony Donnelly-Drummond 《Contemporary Justice Review》2013,16(2):216-232
This article concerns control of Irish Travellers by paramilitaries and vigilantes. The main issues explored here relate to theories of deviance and debates as to the power of the ‘established’ over those regarded as outsiders. The topic of dangerisation is also considered. Across the island of Ireland, the accommodation needs of Irish Travellers have been largely overlooked by both governments. Amidst a wholesale failure to provide adequate accommodation, including transient sites which would permit nomadic Irish Travellers to continue to be so, harsh anti-trespass laws have recently been sanctioned. However, despite these recent anti-trespass laws and no doubt due to the failure to provide accommodation, across the island illegal encampments remain common. Thus, a failure of the public system is evident. As such, this article demonstrates how, in turn, this failure may encourage vigilantes to adopt self-help private violence as moral action against ‘deviant’ Travellers, whilst self-justifying their actions in comparison to the violence exhibited by, and, that inherent to, state sanctioned law. 相似文献
4.
自"前苏联解体"20多年以来,俄罗斯物权立法逐渐摆脱计划经济时代的物权观念,不断地向着传统物权法的类型与体系回归。通过渐次的多级转换,俄罗斯物权立法从"所有权中心主义的物权立法"向"他物权日益凸显的物权立法"转化。近年来通过"《俄罗斯联邦民法典》完善计划"的实施使之具有了与大陆法系之德国法传统的物权法相类似的体系特征。 相似文献