警校联动促建校园安全管理长效机制

连续多起校园安全事件使校园安全管理问题为社会各界所关注,也引起了各级政府及相关部门的高度重视,然而目前各地所采取的整治措施只能治标而不治本,校园安全管理仍存在诸多问题,充分发挥公安机关警察公共关系部门的作用,与教育、社区统筹整合,最终实现校园安保力量向专业化、专门化和规范化管理转变,建立常态、长效机制,应该是一个可行的方案。     

Explosions in the Sky: Coverage for Non-Contaminating Properties of Pollutants

Pollution liability and general liability insurance policies, in theory, should afford complementary rather than overlapping coverage. While this works well in theory, non-traditional pollution events challenge this outcome. This article focuses on loss events resulting from explosions, and in particular whether the resulting harms should be considered for coverage under a pollution policy or a general liability policy.     

A Woman's Life Before Serving Life: Examining the Negative Pre-Incarceration Life Events of Female Life-Sentenced Inmates

Despite the increase in the number of females incarcerated, there is a paucity of research concerning female life-sentenced inmates in the United States. Using a nationally representative data set containing the largest known sample of this population, the present research examines the pre-incarceration traumatic experiences of female life-sentenced inmates. The results indicate that these women are more likely to experience traumatic events, in particular abuse, than either male life-sentenced inmates or female inmates in general. Logistic regression analyses reveal a significant association between abuse and a life sentence in both gender-specific models.     

关于西方宪法史研究的几点思考

关于西方宪法史的研究,很大程度上就是对于西方宪法历史的阐释。它涉及如何理解宪法的涵义,如何理解历史上宪法事件或者具有宪法意义的事件,如何理解宪法性事件之间的因果关系等等。这些先决性命题,决定了西方宪法的历史图景及其线索。古代希腊以降的早期宪法思想与宪制实践,为西方宪法的成熟奠定了良好的基础。近东一带的政治法制实践,对于西方宪法思想的形成和发展产生过重要的影响,这些早期的宪政因子对于西方宪法制度和宪法思想提供了重要的知识渊源。     

Moving the Goalposts: Financial Market Regulation in Hong Kong and the Crash of October 1987

The article examines the operation of the Hong Kong stock and futures exchanges during the crash of October 1987 and in particular the controversial decision to close the exchanges. It argues that the closure decision exposes a serious conflict of interest and abuse of power on the part of the major decision makers and fundamental flaws in Hong Kong's self-regulatory system. Moreover, these events raise broader questions about the strengths and weaknesses of different regulatory regimes and about the value of different theoretical explanations of regulatory behavior. In particular, it is argued that the most influential theory concerning the regulation of financial markets—that of certain Chicago School economists—raises as many questions as it answers, and that an alternative view which locates cultural and organizational factors at its core provides a more satisfactory explanation of the events of October 1987.     

论兼采扶养丧失说与继承丧失说之可行性——对死亡赔偿中消极损害内容的再澄清

对于死亡赔偿中消极损害的内容,我国学界一般认为有扶养丧失说与继承丧失说两种不同的模式,并且这两种模式相互排斥,不能并存。这一看似合理、并有各国立法例支持的认识实际上存在很大问题。事实上,兼采扶养丧失说与继承丧失说并没有不可逾越的理论障碍。立法例上所谓的大多国家/地区均采扶养丧失说也只是学说上的一种概括,具体到各个国家/地区,均有所不同,没有必然的参考意义。相反,在我国,继承利益历来受到重视,因而将其与扶养利益分开,同时设立扶养利益与继承利益两个赔偿项目,具有重要意义。因此在我国,兼采扶养丧失说与继承丧失说更为合适。     

Two consecutive fatal cases of acute myocardial infarction caused by free floating thrombus in the ascending aorta and review of literature

Free floating thrombus in the ascending aorta is an uncommon source of acute myocardial infarction. We report on two cases of young women who died of acute myocardial infarction caused by a free floating thrombus in the sinus of Valsalva obstructing the coronary arteries' ostia. The first case reports on a 30-year-old pregnant woman who anamnestically had episodes with short loss of consciousness and weakness. The second case presents a 37-year-old woman suffering from multiple sclerosis with no previous history of thrombotic events. The review of literature revealed a predominance of women (eight females and three males). Interestingly, the coronary arteries bear no preference concerning the right (RCA) or left coronary artery (LCA) being more often occluded by a free floating thrombus. Especially, younger women (mean age 45.5 years, range 30-59 years) with no history of cardiac symptoms and without atherosclerotic changes seem to be predispositioned. The hypothesis that thrombus formation in cases without plaque disruption may depend on an endothelial erosion which seems to be more common in younger women and promoted by a hyperthrombogenic state is supported by our two cases. A comprehensive literature search revealed, that these are the first two reports on a free floating thrombus being the cause of fatal acute myocardial infarction in a pregnant woman, respectively, a woman suffering from multiple sclerosis.     

传媒研究的四重语境:一个本土化的视角

传媒研究中的功能主义范式不能对社会中动态的、冲突的部分给以把握,也不能对处于转型期的中国社会中的传媒的相关问题作出解释。应将传媒处身的“语境”视为一种问题视野,在其中对传媒现实给以观察与解释,并从中国的社会发展所处阶段、政治经济现实和传媒生存状况等多个维度出发,重视当前传媒研究的四重语境,即前现代的社会阶段、后现代的话语氛围与消费主义思潮、传媒的受控与工具性质、传媒的商业化倾向。     

Some Features of Cultural Policies Applied in Belgium,Particularly in the French-Speaking Community

The training of arts and cultural administrators in Taiwan is related to the development of Taiwan's cultural sector and the centralized system of its government. In this top-down system, the government has long played a leading role in the development of the arts, cultural policies, and industries. The purpose of this article is to examine elements of historical events and factors causing change in the environment to discover the characteristics of arts/cultural administrators, the skills needed for arts/cultural administrators, and the development of curriculum. The researcher divided the historical development of Taiwanese arts administration into three waves. The first wave is from 1949 to 1980, the second wave is from 1981 to 1990, and the third wave is 1991 through the present. Through a discussion of various historical events, factors concerning arts administration and its training system are discovered. In conclusion, after reviewing Taiwan's development in the area of arts administration, one finds that viewing arts administration as a profession is a relatively recent phenomenon. The training of arts administrators and curators in the visual arts was the first area to develop. Training for performing arts administrators was not emphasized until the 1980s. Graduate programs of arts administration in universities have been promoted only since the middle of the 1990s.     

Bundaberg and beyond: duty to disclose adverse events to patients

Although much excellent work has been done in Australia and elsewhere to improve the safety and quality of health care provision, the practice of medicine is inherently risky--adverse events sometimes occur. In Australia, practical guidelines for the open disclosure of adverse events to patients have been developed and are being implemented. State and Territory medical boards have recently adopted Codes of Conduct which include disclosure provisions, although the Australian Medical Association's Code of Ethics does not yet contain express patient disclosure provisions. There is a dearth of authority concerning legal obligations to disclose known or suspected adverse events. Although many Australian jurisdictions have introduced statutory protection for those who apologise or express regret to patients following an adverse event, there is no corresponding express statutory disclosure obligation, unlike in some parts of the United States. The Bundaberg experience illustrates the complex ethical, practical and legal issues which arise in this area.     

法经济学视野中的行政法与民法的分界

对于不当行为,立法者是选择民法还是行政法进行控制,一般需要考量四个要素：当事人与行政主体掌握的行为风险信息方面的差异、加害人的赔偿能力、索赔威胁大小和行政成本。对于损害小、损害集中且发生率低的日常行为,应选择民法进行规制;对于发生率高、损害大、发现率低、损害分散的风险行为,行政法进行控制的社会效果更为明显。当同时选择两种控制机制时,遵守行政法规一般不构成加害人对抗受害人诉求的抗辩事由。     

论有效应对城市开发中的群体性事件

城市开发是社会经济发展的一项重要内容,但有的地方政府在城市开发中具有明显地物质主义倾向,甚至为了经济增长而不惜牺牲生态环境和民众福利,从而引发了大量的群体性事件,直接导致人民生命和财产的损失,构成了未来10年执政的最大挑战。因此,有效应对群体性事件的方法就是要转变刚性稳定的思维方式,改变对群体性事件的片面认识;遵守《宪法》和相关法律赋予人民的权利,依法行政;实现官员问责制,严惩腐败。     

船舶承租人海事赔偿责任限制权利初探--兼评"The CMA Djakarta"轮案

1976年<海事赔偿责任限制公约>将船舶承租人归入船舶所有人,赋予责任限制权利.但是公约未明确规定承租人的范围和可限制责任的索赔.海事司法实践中,需要运用适当的法律解释方法,析明公约规定的含义、正确裁判,以实现公约目的.通过解释,公约规定的承租人应当是光船承租人、期租承租人和航次承租人等的统称.船舶所有人遭受的直接财产损失不是可限制责任的索赔,船舶承租人无权对此限制责任.船舶所有人提出的船载货物损害追偿索赔,承租人仍有权限制责任.我国<海商法>的相关规定应当作相同解释与理解.     

One Way or Another? Criminal Investigators’ Beliefs Regarding the Disclosure of Evidence in Interviews with Suspects in England and Wales

The research base concerning interviews with suspects remains to be comprehensively developed. For example, the extant literature provides differing views regarding how best to undertake the important interview task of disclosing evidence. In the current study, using a self-report questionnaire, 224 investigators based in England and Wales were asked as to their own preferred methods. Most respondents advocated a gradual method of disclosing evidence, stating that this approach would better reveal inconsistencies and obtain a complete version of events (similar to the reasoning of those who preferred disclosing evidence later). Those who advocated revealing evidence early stated this approach would more likely elicit confessions. Several respondents would not commit to one single method, arguing that their chosen strategy was contextually dependent. The study’s findings suggest that it remains arguable as to whether there is one best approach to evidence disclosure and/or whether particular circumstances should influence interviewing strategies.     

Judicial Summation: The Trial Judge's Version of the Facts or the Chimera of Neutrality

This paper analyses some of the rhetorical and linguistic features of two judges' summations to two different juries in a criminal case that was tried twice in the Tasmanian Criminal Court. In the first trial, the jury failed to reach a verdict upon a number of counts in the indictment. In the second trial, the jury returned guilty verdicts on all counts. The purpose of this paper is to cast light upon how the linguistic and rhetorical features observed in the summations lent colour or weight to a particular interpretation of the events tried. The paper argues that the judge's summing up is part of the persuasive process of the criminal trial and that judges do present a version of the facts to the jury, deploying various language strategies to construct and communicate that version. The analysis focuses solely upon the judges' summing up of the evidence and the facts. It does not deal with directions or determinations concerning the law. Three major differences between the summations are considered: their distinct thematic approaches to the factual issues, the disparate levels of assistance they provide to the jury in assessing the evidence and their relative comprehensibility. The different thematic approaches produced disparate choices concerning the evidence -- its selection for consideration and its evaluation. The approach in the first summation resulted in an analysis of the evidence that favoured the accused. In the second summation, the thematic approach facilitated a more critical appraisal of the accused's case and a more favourable assessment of the complainant's version of events. The summations also provide differential levels of assistance and achieve differential levels of comprehensibility. The first summation provides relatively little guidance to the jury in evaluating significant items of evidence. In contrast, the second trial summation gives a more directional appraisal. It also achieves a greater level of clarity in the communication of key ideas than the first summation. Both distinctions are attributed to the discourse structures of the summations and to the second summation's reliance upon such organisational and rhetorical devices as repetition, enumeration and rhetorical questions. They are also attributed in part to the comparative syntactic simplicity of the second summation's sentences. It is the conclusion of this paper that the trial judge's linguistic, discourse construction and rhetorical skills are central to the clarification or obfuscation of the facts and issues in a case. How judges say what they say is significant at two levels of sense construction -- at the level of what Bernard Jackson calls signification and at the level of communication.     

Violence against women as conveyed by surveys – the Finnish case

The methodological choices made in a survey may partly shape the picture a survey conveys of partnership violence. This article considers some of the choices made in the Finnish survey on violence against women, such as the way the violence was defined and how the definition tried to take into account the special characteristics of this kind of violence, in order to help the respondents to identify and recall different events of it. The empirical analyses showed that the used definition of violence had not reached all the respondents representing different population groups. The experiences of partner violence among older, less educated women, and the experiences of those who felt embarrassed or ashamed to speak about issues concerning their partner or partnership, were more probably under-represented in the survey.     

Environmental Insurance for Contractors: More Possibilities Than May Be Expected

Pollution events are often thought of as uninsurable. A more realistic view is that loss or claim from a pollution incident is an insured event in many insurance standard property and liability policies. While coverage may be narrow and limits less than may be desired, it does exist. In this article we look at insurance policies typical of the construction industry to determine the extent of coverage for damages from an incident of pollution.     

司法公正初探

司法公正本质上是一种价值评价活动，是人把握世界、事物、事件等对自己的价值的观念活动，是人观念地把握事物的意义的活动，并具有相对性和绝对性、、主观性和客观性，应然性和实然性的特征。当前，深化对司法公正的本质属性的研究对推进和谐社会建设有重大意义。     

汶川地震居民房地产法律问题研究

随着5．12汶川特大地震抗震救灾从生命救助转向灾后重建，由地震导致的房地产毁损灭失而产生的一系列法律问题逐渐摆在了我们的面前：房屋在地震中损毁，由谁来“埋单”？居民个人所有的房屋毁损灭失，但其土地使用权仍然受到法律保护。居民又如何行使那可能只有几个平方米的土地使用权？