2004年我国海事法学研究综述

整理归纳了2 0 0 4年我国海事法学的学术进展。按船舶物权和船员法、海上货物运输法、海事法、海上保险法、海事诉讼与仲裁程序五个方面进行综述和简要评论,并展望了我国今后的海事法学的发展。     

海事纠纷中ADR的作用

解决海事纠纷常见方式是提交法院或通过仲裁途径 ,但实际上还存在另一种解决方式—— ADR方式。本文首先介绍了 ADR的概念并阐述了 ADR在海事案件中的优点 ,然后通过介绍具体案例解释 ADR在海事案件中的应用过程 ,最后展望了 ADR在以后国际商事中的发展趋势     

2003年我国海事法学研究综述

本文将我国 2 0 0 3年海事法学的论文按照船舶物权法、海上货物运输法、海事法、海运服务贸易、海上保险法、海事诉讼与仲裁等六个方面进行了综述 ,指出了我国海事法学研究存在的问题 ,并对今后的发展提出希望     

浅议涉外仲裁案件中的送达——评天津海事法院撤销一起涉外仲裁裁决案

2004年8月17日上午9点47分39秒，中国涉外商事海事审判网发布了天津海事法院(下称天津海院)题为“浅议一起撤销涉外仲裁裁决案”的文章。文章主要内容是：     

诉前海事证据保全制度浅析

《中华人民共和国海事诉讼特别程序法》在第五章以专章规定的海事证据保全制度是对民事证据保全制度的完善与突破 ,反映了海事诉讼的内在要求。本文对海事证据保全制度进行了初步研究 ,重点分析了诉前海事证据保全制度 ,试图廓清其法律属性 ,探讨其在实践中存在的问题 ,思索其对民事诉前证据保全制度的借鉴意义 ,以期进一步完善我国的相关立法。     

2002年我国海事法学研究综述

本文整理归纳了2002年我国海事法学的论文,并将其按船舶物权法、海上货物运输法、海事法、海上保险法、海事诉讼与仲裁程序等5个方面进行综述和简要评论,并对我国海事法学今后的发展提出了希望。     

2001年我国海事法学研究综述

本文整理归纳了 2 0 0 1年我国海事法学的论文 ,并将其按船舶物权法、海上货物运输法、海事法、海运欺诈、海上保险、海事诉讼与仲裁等 6个方面进行综述和简要评论 ,并对我国海事法学今后的发展提出了希望。     

伦敦海事仲裁中的小额索赔程序及快速低费程序述评——兼评我国国际商事、海事仲裁中的简易程序

多年来,伦敦海事仲裁员协会紧密契合海事争议当事人的需求,针对一些小额争议及金额不大的中等型争议,先后设计了小额索赔程序及快速低费程序供当事人选择采用,取得了巨大的成功。相比之下,中国国际经济贸易仲裁委员会和中国海事仲裁委员会现行的简易程序仍有相应不足,而借鉴伦敦海事仲裁员协会的有益经验以增强我国国际商事仲裁尤其是海事仲裁的国际竞争力和吸引力,当为明智之举。     

2005年我国海事法学研究综述

归纳了2005年我国海事法学的论文,并按照船舶物权法、海上货物运输法、海事法、海上保险法、海事诉讼与仲裁、其他热点问题等六个方面进行综述,概括了我国海事法研究的现状,并对今后的发展提出了希望。     

中国海事仲裁委员会仲裁规则

(2 0 0 0年 1 1月 2 2日中国国际商会修订并通过2 0 0 1年 1月 1日起施行 )第一章　总　则第一节　管　辖第一条　根据《中华人民共和国仲裁法》和有关法律的规定 ,制定本仲裁规则。第二条　中国海事仲裁委员会 (原名中国国际贸易促进委员会海事仲裁委员会 ,以下简称仲裁委员会 )以仲裁的方式 ,独立、公正地解决产生于远洋、近洋、沿海和与海相通的可航水域的运输、生产和航行等有关过程中所发生的契约性或非契约性的海事争议 ,以保护当事人的合法权益 ,促进国内外海商事业和经济贸易的发展。仲裁委员会受理下列海事争议案件 :(一 )船舶救助…     

Crimes against water: non-enforcement of state water pollution laws

In the United States water pollution is a serious problem criminalized not only by the federal government, but by all states. These laws vary greatly in content, but are widely disobeyed and universally under-enforced. Statutes, case law, histories and journalism show “law in action” typologies of non-enforcement efficacious for analysis including: (1) jurisdiction issues like federal pre-emption, inter-state compacts, and constitutional limitations; (2) legislative issues such as failure to legislate, or legislating ineffectively; (3) agency issues, including administrative obstacles, delegation, power vacuums, procedure, and “agency capture”; (4) policing issues like apathy, under-funding/training, jurisdictional confusion, and “following the path of least resistance”; (5) prosecutorial issues, including isolation, intimidation, and ideological priority bias; (6) trial and appellate court issues, including unclear culpability, erroneous holdings, bias, and lack of judicial independence; and (7) citizen, victim, and defendant issues, including legal intellectual influence, environmentalist criminalization apathy, industry lobbying, environmental justice, reporting failures, self-policing, ethics and flight. The conclusion is non-enforcement in this area of criminal law shows that while federally there may exist a relatively consistent, content neutral enforcement system, at the state level resistance to enforcement is seen across a number of fronts. Ultimately, states can be seens as colonized frontiers servicing venture capitalism, consistent with a “race to the bottom.”     

Sexually abusive youths' moral reasoning on sex

Abstract

The Sociomoral Reflection Measure—Short Form Objective (SRM-SFO), with additional items related to sexual moral issues, was applied to an incarcerated sexually abusive juvenile population. Sexually abusive youths were expected to show a lower level of moral development related to sexual issues when compared to non-offending youths, but not for non-sexual issues. The sample consisted of 24 incarcerated sexually abusive male youths and 24 non-offending male youths. Results indicated that sexually abusive youths used more pre-conventional reasoning related to sexual issues when compared to controls. No differences were found in conventional reasoning on sexual issues and non-sexual issues. In addition, no differences were found in pre-conventional reasoning on non-sexual issues, thus partly confirming the main hypothesis. It was concluded that the original form of the SRM-SFO could not assess existing moral development delays in sexually abusive youths, but can with appropriate adjustments. Additionally, the results suggest that moral development is rather flexible in relation to moral value domains.     

‘Til Death Do Us Part: Affidavits of Support and Obligations to Immigrant Spouses

This article analyzes the use of a federal affidavit of support, a required document that forms part of all family immigration petitions to overcome public charge grounds of inadmissibility. The federal statute mandating affidavits of support was altered in 1996 in an attempt to make them contractually binding, even after the dissolution of marriage. Further, affidavits of support implicate not only obligations between spouses, but also deeming analysis for public benefit eligibility. Case law interpreting these affidavits of support is scarce and varied, but trends, patterns, and contested issues are emerging. Yet courts have not settled on any theory and practice for incorporating these affidavits into their decisions related to family dissolution. This article provides an introduction to affidavits of support and an initial effort to frame the most critical issues related to them that arise in family litigation. This article also highlights some of the key strategic issues and caveats for litigants and parties.

Key Points for the Family Court Community:
• An introduction to affidavits of support and the immigration law context in which it exists
• A review of trends, patterns, and contested issues emerging in available judicial decisions in state and federal courts
• Key strategic issues and caveats for litigants and parties on the use of affidavits of support

     

The effects of observing conjugal violence on children: A review and analysis of research methodology

This review specifically addresses the effects on children of observing conjugal violence. A research of six major computer databases revealed 1764 references on family violence of which 29 articles dealt directly with the effects on children. These articles were judged by independent raters using a 56-item rating system designed to analyze methodological and assessment issues of empirical investigations. This analysis summarized these research efforts and indicated the need for more careful consideration of definitional, subject variable, familial stress, and reactive vs long-term effect issues. Additionally, specific proposals for future research were outlined; suggestions related to these issues, and some new directions for investigation were provided.     

Bridging the Gender Gap In Bill Sponsorship

Under what circumstances do men sponsor issues that are traditionally regarded as salient primarily to women? By examining the sponsorship of legislation in the upper and lower chambers of 15 state legislatures in 2001, we explored the conditions under which men are likely to focus attention on policy areas involving women's issues and children's issues. We found little effect of institutional context (such as party control of the legislature or diversity within the legislature) on the sponsorship behavior of either men or women. Personal characteristics such as race, education, age, and family circumstances are associated with sponsorship by men, but not by women. Committee service is also strongly associated with sponsorship behavior, particularly for men. Differences in sponsorship are relatively marked in the sponsorship of legislation that focuses on reproduction or other health issues particularly relevant to women. We conclude that the boundaries of the set of issues traditionally defined as “women's issues” may be changing over time and that it is important to recognize that the influences on the sponsorship of women's issues can be different for men than they are for women.     

Rationalities and Levels of Analysis in Complex Social Issues: The Examples of School Overcrowding and Poverty

This paper presents a 5 × n table for charting complex social issues, particularly those characterized by oppression and injustice. Its five columns are Paul Diesing’s rationalities: technical, economic, social, legal, and political. Its n rows are levels of analysis from individuals, groups, organizations, communities, regions, and nations to international and global perspectives. Utilizing school overcrowding and poverty as examples of local and global social issues, the paper describes the relevance of this analytic framework for social action and research. The framework contributes a complex view of social issues that avoids oversimplifying them and suggests how they are experienced by people living with social injustice. The framework proposes cross-disciplinary projects among scholars and collaborative projects among scholars, practitioners, and advocates.     

公职人员养老保险制度改革问题探讨

我国公职人员养老保险制度存在的主要问题是：养老金实报实销，影响财政支出；养老金增长与经济水平不协调；单位缺乏自我保障意识；本单位管理退休人员，影响行政效率；职工待遇水平不衔接，影响人员合理流动；保险金支付压力大。我国公职人员养老保险制度改革的对策思路是：建立全国统一的、独立于企事业单位之外的公职人员养老保险制度；按实际职责确定养老保险补贴办法；建立合理的养老金计发方法与过渡衔接办法；区分“老人”、“中人”、“新人”，确定不同的资金筹集方式；确定公职人员养老金替代垒和附加养老保险类型，制定合理的公职人员养老金水平。     

执行程序中船舶价款的分配

按照法律规定的船舶价款分配程序,探讨分配过程中可能出现的一些实务问题,如债权登记与受偿程序和执行中的参与分配程序的比较,债权登记的范围、期限与形式,债权分配的顺位等。     

A comparison of student legal issues perceptions held by chief student and chief legal affairs officers: a study of metropolitan universities in the US

This study explored the similarities and differences of the perceptions held by chief legal and chief student affairs officers with regard to student legal issues. The study follows an earlier project published by Education and the Law (9(1), pp. 41‐49) which solely examined the perceptions of chief legal affairs officers. In the present study, there was a significant difference in the perceptions of chief student affairs and chief legal affairs officers with regard to which student legal issues will be litigated in the next 10 years. Chief student affairs and chief legal affairs officers prepare for student legal issues in a very similar fashion. Both officers make use of legal conferences, student affairs conferences, continuing education, and professional literature. There appears to be many chief student affairs officers who attend legal conferences and chief legal affairs officers who attend student affairs conferences in order to better prepare for future student legal issues.     

Household composition and family structures of Ukrainian Cossacks in the second half of the eighteenth century

One of the main problems faced by social historians of the Cossack Hetmanate (Cossacks' autonomous territory situated on the Left Bank of the Dnieper River) is a poor knowledge of population issues. This article therefore focuses on the history of the family and households in eighteenth-century Ukraine. Unlike the historiography of Western Europe, where active research in this field started in the 1960s, contemporary Ukrainian historiography includes only a few studies dedicated to these issues. Recently renewed interest in population issues is due to the widening scope of historical research and to changes in the methodological paradigm that started in the twenty-first century. Historical research of the Ukrainian family and population is thus in its infancy and reconsidering these aspects is crucial for a global scholarship.