渤海油田漏油事故法律问题分析

渤海油田漏油事故造成了极为严重的环境污染,对海洋生态环境、海洋资源均产生严重影响。在此事件中,海洋局并未及时主动公开这一突发性的环境污染事件,应依法承担相应的行政责任,而事故责任人应承担相应的民事责任,包括但不限于清理油污、赔偿海洋生态损害、渔业资源损害、渔民损失等,海洋局和渔业部门可代表国家对事故责任人提供环境民事公益诉讼。检察机关亦应追究事故责任人的刑事责任。     

对基因技术发展的伦理与法律思考

基因技术的迅猛发展,相应地引发了一系列社会问题,对现有的伦理和法律都产生了极大,中击。从生命伦理学和法理学的角度,论述基因技术所引发的基因歧视、基因资源保护、基因制药与基因治疗等若干问题,提出要通过进一步加快我国的生物科技立法,依法合理规制基因技术的发展。     

浅析由WTO贸易与环境争端所引发的理论争议

有关贸易与环境争端在GATT法律体系内很难找到具体适用的规则,因此GATT曾被环保主义者称作没有规则的天堂。WTO成立后,为解决贸易与环境争端,出现了对WTO协定作普通法式解释的现象。本文认为这种解释方法符合客观要求,我国政府应顺应国际环保形势发展的总体需要,支持用普通法的方式解释WTO贸易与环境的相关法律规定。     

RANDOM ASSIGNMENT IN CRIMINAL JUSTICE RESEARCH Some Ethical and Legal Issues

Randomization techniques entail sound methodological means to assign participants to groups for experimental purposes. However, prior to applying this technique to criminal justice research, several ethical and legal issues must be considered. For example, in a legal context, the objectivity afforded by the randomization process may be interpreted as “arbitrary.” Similarly, depriving control group participants of the presumed benefits of a newly launched program may be regarded as unethical. It may be possible to adapt the randomization procedure to experimental contingencies. However, caution must then be taken in carrying out the adaptation, as the methodological rigor and hence the interpretability of the results may be affected.     

A Communitarian Approach: A Viewpoint on the Study of the Legal, Ethical and Policy Considerations Raised by DNA Tests and Databases

A communitarian approach is applied to DNA testing and databases. It concerns itself both with individual rights and the common good. It finds that DNA testing, although it is highly intrusive, often advances both individual rights (for instance, helps exonerate suspects) and the common good (for example, acts as a deterrent). However given its high level of intrusiveness and the insufficient level of oversight provided by existing checks and balances, the author argues for a national civil review board to provide still more accountability.     

Law Enforcement Officers in Schools: An Analysis of Ethical Issues

The use of law enforcement officers in American schools has rapidly expanded since its inception in the 1950s. This growth can in part be attributed to the Safe Schools Act of 1994, the establishment of the Community Oriented Policing Services (COPS) Office, and tragic events that have occurred in our nation's schools. Law enforcement officers in the school environment traditionally have primary roles of protection and enforcement, although many have ancillary roles of educating and mentoring students. However, the use of police in schools has also been associated with the formalization of student discipline and the criminalization of minor misconduct. Specifically, an increase in the number of officers in schools has mirrored an increase in the number of arrests and citations for relatively minor offenses. We argue that officers' socialization and training create role conflict in that the duty to enforce the law competes with other duties to mentor and nurture students. We present several hypothetical dilemmas and then illustrate how the “right thing to do” is determined by the perceived duties of the school safety officer. We conclude by presenting some modest suggestions on how to address the potential role conflict experienced by law enforcement officers working in schools.     

Programs for Men who Perpetrate Domestic Violence: An Examination of the Issues Underlying the Effectiveness of Intervention Programs

This review paper seeks to explore some of the reasons why rehabilitation programs for male perpetrators of domestic violence appear to be less effective in reducing recidivism than programs for other offender groups. It is argued that while the model of systems response to domestic violence has predominated at the inter-agency level, further consideration might be given to way in which men’s intervention groups are both designed and delivered. It is concluded that the program logic of men’s domestic violence programs is rarely articulated leading to low levels of program integrity, and that one way to further improve program effectiveness is to incorporate some of the approaches evident in more general violence prevention programs and from what is know about good practice in general about offender rehabilitation.

影视作品链接者责任研究

现实生活中,存在未经合法授权通过信息网络进行传播影视作品的现象。而大量的链接服务提供者通过对影视作品设立链接更是扩大了侵权范围。通过分析影视作品提供链接服务侵权的性质,进而确立此类侵权行为的构成要件,尤其对过错要件进行深入探讨,提出了平衡和解决网络自由和权利人利益的相关建议。     

Ethical Issues in Secondary Uses of Human Biological Materials from Mass Disasters

This paper addresses the ethical issues of secondary uses of samples collected for identification purposes following mass disasters. It studies norms governing secondary use of samples (general/deceased/vulnerable), ultimately concluding that limited secondary research uses of these samples should be permissible.