WHY A LAWYER?—THE IMPORTANCE OF CLIENT‐DIRECTED LEGAL REPRESENTATION FOR YOUTH

This article begins with a discussion about the importance of ensuring that all children have lawyers in abuse and neglect cases. Lawyers provide a vital role in giving youth a voice in proceedings that sound profoundly affect their lives. The article then discusses why the client‐directed lawyer's role is consistent with federal law and legal ethics. Finally, the article discusses the growing support for client‐directed representation and what the American Bar Association has done to support this type of child representation.     

论相对独立的辩护观——以辩护律师与被告人的关系为视角

我国长期以来一直坚持独立辩护观,实践中,这已经危及到了律师与被告人之间的信赖关系,以及被告人的利益及其主体地位。由此,有观点认为应改独立辩护观为被告人中心主义辩护观。但是,鉴于刑事辩护工作的专业性与公益性,为维护被告人的实质利益、社会公共利益与行业利益,律师辩护中仍需保持一定的独立性。因此,律师辩护应遵循相对独立的辩护观,明确独立辩护的具体内涵及其边界。     

REPRESENTATION DISPARITIES AND IMPARTIALITY: AN EMPIRICAL ANALYSIS OF PARTY PERCEPTION OF FEAR,PREPARATION, AND SATISFACTION IN DIVORCE MEDIATION WHEN ONLY ONE PARTY HAS COUNSEL

While other authors have regarded both the presence and the absence of attorneys in family law mediation as cause for concern, little attention has been given to the questions raised when one party is represented and the other is pro se. This article presents data on mediating parties' premediation concerns, fears, and feelings of preparedness, as well as their postmediation satisfaction with the mediation process. The mediating parties are grouped based on each couple's representation status, for example, both represented by attorneys, both pro se, or one attorney‐represented party and one pro se party (mixed representation cases). The data show that mixed representation cases are the most likely to report concern, fear, and unpreparedness. Mixed‐representation cases also reported the lowest levels of satisfaction after the mediation. Some implications for mediation practice are discussed, as are suggestions for future research.     

Criminal defense and judicial sentencing in China's death penalty cases

Drawing upon 503 cases of violent and drug crimes involving the death penalty from three intermediate courts in China, this study explores various defense arguments, their acceptance rates, and factors that influence judicial sentencing. Our findings reveal that offenders’ post-crime good behaviors are most likely to be accepted by the court, thus helping offenders obtain suspended death penalty. In contrast, being charged with multiple violent crimes and the weight of narcotics in drug crimes are two significant factors related to an increased likelihood of receiving immediate death penalty. This article provides more empirical evidence about mitigating and aggravating circumstances considered in capital sentencing, and supports that private lawyers are not different from court appointed lawyers in China's capital defense. China's current system seemingly leaves little room for defense lawyers to make creative contributions.     

以检察室为载体延伸检察机关法律监督职能问题的思考

检察机关是国家的法律监督机关,对基层司法执法活动进行监督是其法定职责。然而,当前检察机关缺少更多的在基层的机构设置,直接影响了检察机关法律监督职能的蔓有效发挥。在当前推进三项重点工作的背景下,检察机关应当以推进检察室建设为载体延伸法律监督职能,服务基层基础建设,维护人民群众权益。法律应当明确检察室的设置、赋予检察室独立的编制以健全基层司法体系,同时检察机关应明确检察室的职责地位,加强对检察室的物质人员保障,对其执法活动进行监督制约,促进其工作规范开展。     

A PRACTITIONER'S PERSPECTIVE ON UNIFIED FAMILY COURTS: CASE STUDIES

As a summary of simple examples demonstrating practical advantages of a family court, this article relates a few experiences from the perspective of a family law attorney who practices regularly in the Fulton County Family Division in Atlanta.     

律师与程序公正

真正成功的优秀的辩护律师心中追求的不是个案中可能有罪的人被判无罪这种结果的出现 ,他追求的是他心中的梦 ,他的职业的最高理念———程序公正的实现。     

An exploration of the legal and socio-ethical implications of predictive genetic testing of children

This article explores the current position in relation to predictive genetic testing of children, highlighting some of the legal and socio-ethical issues and complexities that such testing presents. It evaluates the existing regulatory framework for predictive genetic testing of children in Australia, including the possible role of the Family Court in protecting children from inappropriate testing, and suggests that introducing a more interventionist approach would create its own difficulties. The article also considers a particular issue arising in the context of predictive genetic testing of children which the ALRC/AHEC inquiry canvassed concerning disclosure obligations to insurers. The article argues that creating an exception to established principles of disclosure would mitigate the impact of predictive genetic testing of children and would be consistent with international instruments which seek to protect against unfair genetic discrimination.     

侦查阶段的刑事和解一些问题的分析

公安机关侦查阶段的刑事和解,存在着可能影响司法公正的因素。一方面,辩护律师参与刑事和解时间有限制,在侦查阶段接触到证据,这与刑诉法规定相冲突;另一方面,刑事和解的量刑奖赏对未成年被追诉人吸引力不足。此外,在侦查阶段达成刑事和解的,法律没有规定侦查人员是否可以撤销案件。答案应当是肯定的,但应限于提请批捕之前。建议区分参与诉讼的辩护律师与参与侦查阶段刑事和解的律师,以兼顾对被追诉人和侦查机关的公平对待。公安机关发挥群众力量事先进行民间调解、感化被害人,可以推进刑事和解实现。     

检察督促之建构

当前．公共利益遭受严重损害的现状亟待创设对行政违法进行检察监督的新方式。检察督促是近年来民事行政检察司法实践中探索的一种非诉讼性法律监督方式。检察督促拓宽了法律监督领域，具有较强的应用价值，有利于监督行政机关依法行政。本文结合检察工作实践，对检察督促的适用范围和程序进行了初步探讨。     

公司经理权的性质

从公司经理权的涵义出发,总结出公司经理权具有三方面的内容,并从这三个方面分别探讨了公司经理权的性质。认为,对内来讲,公司经理权是一种职权和权限;从外部来讲,公司经理权是商事代理权;从公司经理权是一种诉讼代理权来看,它是一种诉讼法上的法定代理权;总体上讲,公司经理权是一种带有公权特征的私权利。     

The relationship between street children and the justice system in Egypt

This article examines the relationship between street children and the justice system in Egypt. After introducing the context of street children in the Egyptian case, it explores whether the justice system exacerbates the problem of street children and whether its potential to play a positive part in alleviating the problem should be revisited. The article then explores the basis for the negative perspective on the role of the justice system and the steps required to improve its role in solving the problem of the increasing number of street children. It concludes with a three-pronged approach for the Egyptian justice system to adopt to effectively address the problem of street children. The article is based on an existing knowledge base that is scattered in small-sample empirical studies, large-scale surveys, United Nations reports, newspapers, and a few academic articles written in both English and Arabic.     

FUTURE CHILD'S RIGHTS IN NEW REPRODUCTIVE TECHNOLOGY:THINKING OUTSIDE THE TUBE AND MAINTAINING THE CONNECTIONS

This article considers whether children born through assisted human reproduction are entitled to information about their biological origins. It examines the issue both from a clinical perspective, citing social science research and the personal narratives of donor‐conceived children, and from a legal perspective, outlining the extent of a child's “right to know” in different jurisdictions. The article suggests that a uniform legal approach is needed that will recognize the right of all children to access details about their identity and conception, for the sake of their psychological well‐being. The article includes a fact scenario that considers the situation of a donor‐conceived child who has become the subject of a custody dispute, and who has not been told the circumstances of his conception.     

Towards the development of ethical practices in paediatric clinical trials: the special position of the terminally ill child

This article examines the emotive and vexing issue of the involvement of terminally children in paediatric clinical trials. Particular emphasis is placed on the participation of such children in Phase I clinical studies, as such studies do not yield any benefit to the individual child. It provides an historical overview of medical research involving children and examines the moral arguments surrounding the participation of children in clinical trials. The article examines the conflict between doctor-as-researcher and doctor-as-treater as well as the problems presented by proxy consent providers. The role played by the human research ethics committee in this area is examined, as is the regulatory framework established by the National Health and Medical Research Council. The article argues that the participation of terminally ill children in Phase I clinical trials is not morally repugnant provided that there is a total commitment to the protection of the child participant's well-being during the dying process. It is argued that the moral justification for such position derives from the utilitarian notion that participation in such studies aims to benefit future generations of ill children.     

Give them what they want? The permissibility of pediatric placebo-controlled trials under the best pharmaceuticals for children act

This article discusses the Best Pharmaceuticals for Children Act and the FDA's request for placebo-controlled studies of drugs to treat OCD and depression in children. First, the article explains the need to test drugs in children and examines the reasons this testing has not occurred. Next, the article describes the legislative and administrative responses to remedy this lack of research and assesses the ethics and legality of their implementation. The article concludes that these initiatives are legally and ethically acceptable until a safe and effective treatment is determined--at which point the use of placebos in pediatric testing must be replaced with active controls.     

The Trump Effect,Children, and the Value of Human Rights Education

Since launching his presidential campaign, Donald Trump's rhetoric has often been divisive as well as demeaning of selected groups. This article examines the impact of Trump's rhetoric on children and their communities and explores the role that human rights education can play in responding to Trump and forging broader support for human rights. The article reviews the research on human rights education and considers how human rights education can be embedded in broader efforts to educate children. Using children's literature as a case study, the article argues for the importance of mainstreaming human rights education and meeting children where they are, in order to foster greater recognition of and respect for the rights of all individuals.     

地震引发的法律问题及律师业务契机

笔者以房地产领域为例，对5．12汶川地震后可能出现的法律问题进行了深入探讨，对“不可抗力”事件及其风险回避作了详细阐述，并对震后重建中的律师业务契机进行了分析。     

论检察权的行使

主诉检察官办案责任制是改革的切入口,是实行检察官制的一种过渡形式,其意义在于局部修正了以行政管理方式行使检察权,责任和权力分离的弊端。     

PROTECTING CHILDREN WHO WITNESS DOMESTIC VIOLENCE

This article argues that the Nicholson v. Williams case was decided wrongly because it does not adequately protect the interests and welfare of children who witness domestic violence. It contends that the legal system must do more to ensure the well-being of children who witness domestic violence before permitting them to remain in the custody of their mothers who were living in violent relationships. The article does not support the notion that victims of domestic violence should be prosecuted for failure to protect or child abuse but argues that evidence reveals how detrimental witnessing domestic violence is on a child and that this necessitates the need for stricter measures to be taken to protect children from this danger.     

FAMILY BRIDGES: USING INSIGHTS FROM SOCIAL SCIENCE TO RECONNECT PARENTS AND ALIENATED CHILDREN*

This article describes an innovative educational and experiential program, Family Bridges: A Workshop for Troubled and Alienated Parent‐Child Relationships^TM, that draws on social science research to help severely and unreasonably alienated children and adolescents adjust to court orders that place them with a parent they claim to hate or fear. The article examines the benefits and drawbacks of available options for helping alienated children and controversies and ethical issues regarding coercion of children by parents and courts. The program's goals, principles, structure, procedures, syllabus, limitations, and preliminary outcomes are presented. At the workshop's conclusion, 22 of 23 children, all of whom had failed experiences with counseling prior to enrollment, restored a positive relationship with the rejected parent. At follow‐up, 18 of the 22 children maintained their gains; those who relapsed had premature contact with the alienating parent.