被认为灭失货物的所有权分析及处理

探讨了中国《海商法》第50条第4款中规定的认为货物灭失行为的法律效果,并分析了谁是“有权对货物灭失提出赔偿请求的人”。在此基础上,提出了货物被认为灭失后其所有权转归承运人所有,而所有权的转移是通过强制缔约的方式进行的,同时对被认为灭失的货物被运到目的地后如何处理提出了意见。     

Euthanasia: why it doesn't matter (much) what the doctor thinks and why there is no suggestion that doctors should have a duty to kill

A major reason that The Netherlands has taken a different approach to the rest of the world on such a fundamental moral issue is that the courts and legislature in that country have accorded the interests of doctors a cardinal role in the euthanasia debate. This article argues that the interests of doctors are of only incidental and peripheral relevance in relation to the moral status of euthanasia. The moral status of euthanasia has little to do with the preparedness of doctors to administer the lethal injection or their general attitude towards the practice. Euthanasia is principally about the interests of the patient and the impact that the practice may have on the community in general, not preserving the conscience or improving the working life of doctors.     

美国成年病人放弃治疗机制对于中国的启示

美国倡导清醒有自决能力的成年人用预先指示的方式表明自己在丧失自决能力时的医疗选择。预先指示主要分为生前遗嘱和持续性医疗授权书两种形式。美国联邦和各州有相对完善的法律制度,规定预先指示的形式内容及预先指示不存在时能为病人作出决定的人群和权限。医院也会有程序指南为医务工作者提供指导原则。中国可借鉴美国经验在转变大众对于死亡的观念、尊重病人自主权、出台相应法律法规、行业指南、增强医务工作者的沟通技巧和人文关怀等方面作出积极改变,完善放弃治疗的程序,满足病人要求,解决医务工作者的两难困境。     

The interface between exercise of state power and personal powerlessness: a study of police perceptions of factors impacting professional practices

Police legitimacy is crucial to the maintenance of law and order in any society. In communities marred by high instances of societal manifestations of dysfunction, tenuous legislative frameworks, poradic implementation, and dismantling of crime fighting strategies, there is greater emphasis placed on quick-fix crime fighting solutions and policing initiatives. The focus is placed primarily on what police officers are mandated to do as opposed to practical applications underscored by systematic hindrances to professional practice. Examining interview data from a pilot study on police fear of crime in Trinidad and Tobago, this study is intended to explore connections between police perceptions about personal powerlessness and the exercise of state power. Here we examine the discourses of N = 12 senior police officers with an average of 22.83 years of service to attain a preliminary understanding of instances presenting a conflict between professional practice and perceptions of self-preservation. The findings suggest a need for officers’ constant consideration of the repercussions of professional competence and the need for continued navigation of blurred constructions of police legitimacy and subjective determinants of criminality against a backdrop of acknowledged personal powerlessness.     

Opening a debate on personal boundaries and work with sex offenders: A personal view of a clinical supervisor

Abstract

As a clinical supervisor of employees working in prisons conducting rehabilitation programmes with offenders, I frequently encounter situations where personal boundaries are breached. This paper discusses the types of boundary breaches that may occur in work with sex offenders and why, and suggests ways in which individuals and teams can guard against breaches. Accepting that the possibility of boundary breaches exists for everyone, and providing awareness education of how they occur can assist in reducing them. Once they occur, the consequences can be devastating, ranging from embarrassment and unwanted publicity to loss of career and criminal convictions.     

欧盟METS管辖权的海洋扩张与限制及中国应对策略分析

欧盟颁布《2008年航空碳排放交易指令》将国际航空纳入其碳排放交易体系,随后,欧盟一直积极筹划将国际海运也纳入到该体系中。但由于国际海运温室气体排放的全球性等特点,欧盟此举将可能产生一定的域外效果。然而,无论从国际习惯法,还是《联合国海洋法公约》角度看,其域外管辖的效力均应受到质疑。中国作为欧盟最大的贸易伙伴国和航运大国,也应未雨绸缪,积极从法律、政治、外交等途径寻求应对之策,防范于未然。     

“行政主体能否成为行政诉讼原告”之考量

我国行政诉讼法明确把行政诉讼之原告限定为行政相对人,此种形式上为保护相对人的作法在实质上并不利于充分保障相对人的合法权益,而且也限制了其他行政争议通过司法途径解决之可能性,很多国家都承认行政主体的原告资格,我国行政诉讼法应借鉴其规定并明确认可行政主体的原告资格。     

未寻找到抢劫对象且因为害怕而未实施抢劫属于犯罪预备阶段的中止--兼论故意犯罪的未完成状态

一、案情介绍犯罪嫌疑人关某与李某相约去抢劫出租车 ,2 0 0 1年 11月 8日关某与李某携带匕首及铁丝等作案工具在路上寻找出租车作案。大约十分钟后 ,因天色已晚 ,二人未找到出租车 ,关某害怕被抓获向李某提出不干 ,二人即一同回家。回家后李某又独自一人携带铁丝等作案工具 ,在路上拦了一辆出租车欲行抢劫 ,在抢劫时被抓获 ,根据李某的交代犯罪嫌疑人关某也被抓获。二、分歧意见对于关某构成抢劫罪 ,大家都没有异议 ,但是对于关某是属于犯罪预备、犯罪中止 ,还是犯罪未遂有如下几种不同的看法 :一、关某的行为属于犯罪预备。理由 :犯罪预备…     

Experiential training for real-life professional impact: the formation of professional identity in trainee solicitors through a discrete intervention course on ethics and lawyering skills

The apprenticeship model of solicitor training in Ireland is split between time spent in the law firm and time spent in professional education at the Law Society of Ireland. Learning in law is a process of shaping identity and becoming part of a community, and professional socialisation is a key aspect of this professional development. However, many trainees arrive at the vocational training stage with little or no understanding of how their personal morals and ethics will impact on their future roles as lawyers. This article relates to an intervention study in the Law Society of Ireland with trainee solicitors at professional legal education level in the form of a two-month course entitled “Certificate in Legal Ethics and Lawyering Skills”. This intervention embraces an experiential learning approach and a wide view of ethics that moves beyond a defensive rule-based approach and supports trainees in grappling with ethics and negotiating within the more rigid and collectively based moral discourses which are a necessary part of constructing professional identity. The course framework embraced a variety of pedagogic approaches for effective teaching and fostering ethical professional identity such as role-play, small group discussion, video and online discussion forums and mixed method assessment.     

Worlds we have lost and worlds we may regain: Two centuries of changes in the life course in Sweden

The article seeks to place into historical context the familial changes in “post-industrial” Sweden during the past two decades, by comparing them with general characterizations (based on documented life-course experiences) of the traditional Swedish agrarian society (before 1800), the transitional society (c. 1800–1870), and the industrial society (c. 1870–1980). Familial lives in traditional Swedish society tended to be stable. By contrast, during the agrarian-to-industrial transition, stability gave way to opportunity and unpredictability. In industrial society, especially since World War II, stability became once again the hallmark, because of general governmental social policy. Because in the current postindus trial phase structural alteration cannot easily be distinguished from shortterm fluctuations. Even as families cope with rapid change, familiarity with past traditions can be useful for identifying possible alternative outcomes.     

You have the right not to have a hearing: an evaluation of the impact of fully advising civilly committed patients on their rights

There have long been calls for the reduction of coercion in treating civilly committed psychiatric patients. The present study assessed whether a minor procedural change intended to reduce the adversarial nature of the treatment process would have a positive impact. Results suggested that the change in procedure had a positive effect for the most direct outcome variables but results were more mixed for the indirect outcome variables. Nonetheless, overall indications were that the change of procedure affected patient outcome.     

我国加入“92年油污损害民事责任公约”的利弊分析

在分析“92年责任公约”特点的基础上 ,从实际出发分析我国加入该公约后的利弊及对监督管理的影响。     

Distortion of teatree stems by twine as a means to determine the number of years that the stems have been used to support cannabis plants.

In New Zealand, stems of teatree (Kunzea/Leptospermum) growing around illicit cannabis plots have been used to anchor lengths of twine running through the plots to hold cannabis plants upright. Forensic examinations of distortions of teatree stems caused by the twine have been carried out to determine when the twine had been first tied around the stems, in order to estimate the number of years that plots have been in operation. In this experiment, baling twine was tied around stems of a teatree (Kunzea ericoides) and the effect monitored for a period of three years. Varying degrees of stem distortion occurred during the first year, caused initially by expansion of callus (a wound tissue) rather than constriction of the growth (annual) rings of the xylem. Although this callus has a type of growth ring, these are not annual, therefore cannot be used to determine the number of years that stems have had twine attached. Xylem growth rings of the teatree in this experiment were not restricted until the third year. Distortion of teatree stems allows the determination of a minimum (not absolute) number of years that twine has been attached.     

The fear of reprisal and the failure of victims to report a personal crime

Most people who fail to report their victimizations to the police state either that the incident was not serious enough to warrant official attention or that nothing could be done. However, a small proportion of victims states that they did not report because of their fear of reprisal. Based on National Crime Panel victimization data, the offense and personal characteristics of these victims are contrasted with the total victim and nonreporting victim populations. Contrary to the general reasons for not reporting a crime, several personal and offense characteristics are related to reprisal. For instance, reprisal is more often a factor in personal victimizations where victims are female and acquainted with their offenders. The more dangerous the incident, the more often reprisal is the stated reason for not calling the police. The results of the analysis strongly suggest that in certain social environments the fear of reprisal is a major factor in the reporting of crime.     

Worlds we have lost and worlds we may regain: two centuries of changes in the life course in Sweden.

"The article seeks to place into historical context the familial changes in ?post-industrial' Sweden during the past two decades, by comparing them with general characterizations (based on documented life-course experiences) of the traditional Swedish agrarian society (before 1800), the transitional society (c. 1800-1870), and the industrial society (c. 1870-1980). Familial lives in traditional Swedish society tended to be stable. By contrast, during the agrarian-to-industrial society, especially since World War II, stability became once again the hallmark because of general government social policy."