Effects of Parental Substance Abuse on Current Levels of Domestic Violence: A Possible Elaboration of Intergenerational Transmission Processes

Research conducted on the intergenerational transmission of domestic violence has framed much of its inquiry from within the context of social learning theory. Although consistently significant, the effect size of social learning-derived intergenerational transmission variables is often small. This study was undertaken in an effort to broaden the theoretical basis of intergenerational transmission of family violence by assessing if incorporating parental substance abuse variables with exposure to violence in family of origin would increase the predictive power of a multiple regression model. Subjects (N = 74) were men in treatment for domestic violence. Paternal substance abuse was found to exert effects on respondents' violent behavior comparable to those from exposure to family of origin violence. Findings supported a need to broaden theoretical views of the etiology of domestic violence perpetration.     

Antitrust Enforcement: Abuse Control or Notification?

The European Union is currently revising its system of centralised authorisation for agreements between firms falling within the scope of Article 81 (1) of the EC Treaty but qualifying for exemption from the general prohibition. The proposed reform in the 1999 White Paper on Modernisation of the Rules Implementing Articles 81 and 82 of the EC Treaty involves the abolition of the notification and exemption system and its replacement by a directly applicable exception system where restrictive practices qualifying for exemption are lawful per se and subject to abuse control. This paper compares both the current notification system and the proposed system of ex-post control in a game-theoretical framework. If precommitment to an enforcement probability by the antitrust authority is not possible and a mixed equilibrium exists for both systems, the notification system is superior to the system of abuse control in terms of social welfare.     

A Dialectic Study of the Structure and Basic Concepts of Traditional Chinese Law and an Analysis of the Relationship Between li (ceremony) and fa (law)

In the course of history, the meaning of fa (a Chinese character with an approximate meaning of “law”) has not been invariable, and its connotation in modern times has been enriched constantly, so as to incorporate many elements of ancient li (ceremony). If the modern concept of law, already changed and still changing, is to be used to mechanically compare and interpret traditional Chinese law, misunderstandings might arise. Actually, li and fa are indispensable components of traditional Chinese law, and the lack of necessary study of the li will prevent us from understanding and explaining the spirit of traditional Chinese law. In traditional Chinese law, “fa” usually refers to an institutional dimension, especially after Qin and Han dynasties, whereas li, especially li yi (moral basis for rites and ceremonies), is where the value and spirit of traditional Chinese law can be found. Translated from China Social Science, 5^th Issue, 2003 in Chinese     

中国特色社会主义理论产生的社会历史根源

中国特色社会主义是社会主义自身发展的产物.社会主义体制危机呼唤社会主义的理论创新.现代生产力是中国特色社会主义理论产生的物质前提;时代主题的转换为中国特色社会主义理论的产生创造了合适的国际环境;中国共产党创新马克思主义的优良传统,以及它的领袖邓小平崇高的理想、高尚的情操、坚强的意志、丰富的经验、深厚的理论素养和创新的思维能力,是中国特色社会主义理论产生的不可或缺的主观条件;马列主义,毛泽东思想是中国特色社会主义理论的理论基础和主要理论来源;当代世界文明发展的优秀成果是中国特色社会主义理论的重要理论来源;中华民族优秀传统文化是孕育中国特色社会主义理论的深厚土壤.     

Validity and reliability of the Self-Report Delinquency among a sample of at-risk youths

Self-Report Delinquency scales have formed the basis of much understanding of juvenile delinquency today, but further improvement and extensive measurement research on self-report measures of crime are needed. The present study examined the psychometric properties of the shorter general delinquency scale version of the classic commonly used Self-Report of Delinquency (SRD) measure created for the original National Youth Survey (NYS) using a sample (N = 412) of male (n = 200) and female (n = 212) at-risk Portuguese youths. The shorter version of the SRD demonstrated satisfactory validity and reliability, namely in terms of its latent one-factor structure, internal consistency, convergent validity, divergent validity, concurrent criterion validity and discriminant groups validity that overall justifies its use among this population. The shorter general delinquency scale version of the SRD is a valid and reliable measure from a modern psychometric perspective that can be used with at-risk youths.     

论有限责任公司债权人权利的回归

The contingent governance theory based on state-contingent ownership has exerted an important impact on economic academia, and its application in the field of company law is also of significant value. The lack of internal restraint mechanism and public supervision of limited liability companies makes it feasible to implement contingent governance. Under the mechanism of contingent governance, creditors of a limited liability company may intervene in its governance. The right of intervention is mainly reflected in three aspects, i.e., (1) mandatory debt-for-equity swap, (2) obligation of the actual controller to creditors when the limited liability company is on the edge of insolvency, and (3) creditor’s right of objection with respect to the decision of corporate substantial business. Ding Guangyu, Ph.D in civil and commercial law, works in the Chinese Institute of Applied Jurisprudence of the Supreme Court of China. His publications include Introduction of Chinese Labor Law: Cases and Materials (China Legal Publishing House, 2008), Tracing the right of creditors in LLC: From the perspective of contingent governance theory (Studies in Law and Business, 2008.2), Judicial Discretion and the Rule (Legal Daily, 2007-4-20), Uniform of Legal Application (Legal Daily, 2006-12-9).     

POLICE DIVERSION An Illusion?

Diversion is defined on the basis of five restrictions that place important limitations on what should be considered “authentic” diversion. Each of the restrictions is reviewed in light of a number of current diversion programs known to the author. It is concluded that diversion as conceptualized by its proponents is not receiving a fair test and will be rejected on the basis of programs that have been operational zed in ways inconsistent with the original intent of its early advocates.     

宪政的价值构成与宪政的合理性分析

宪政的合理性不仅在于其对权力的正当化和规范化 ,更在于其对正义、民主、自由等价值理念的张扬与坚持 ;前者旨在解说宪政的工具合理性 ,后者则力图以宪政的价值合理性来论证宪政的工具合理性 ,并为宪政实践提供方向性指引。在宪政的价值构成体系内 ,正义具有综合性与绝对性的特质 ,是宪政的第一性价值 ,并构成宪政价值合理性的基础 ;民主、自由等具体价值目标是宪政的第二性价值 ,它们源自于正义且受制于正义 ,并成为宪政价值合理性的证明。     

Recent developments in German corporate governance

This paper provides an overview of the German corporate governance system. We review the governance role of large shareholders, creditors, the product market and the supervisory board. We also discuss the importance of mergers and acquisitions, the market in block trades, and the lack of a hostile takeover market. Given that Germany is often referred to as a bank-based economy, we pay particular attention to the role of the universal banks (Hausbanken). We show that the German system is characterised by a market for partial corporate control, large shareholders and bank/creditor monitoring, a two-tier (management and supervisory) board with co-determination between shareholders and employees on the supervisory board, a disciplinary product–market, and corporate governance regulation largely based on EU directives but with deep roots in the German codes and legal doctrine. Another important feature of the German system is its corporate governance efficiency criterion which is focused on the maximisation of stakeholder value rather than shareholder value. However, the German corporate governance system has experienced many important changes over the last decade. First, the relationship between ownership or control concentration and profitability has changed over time. Second, the pay-for-performance relation is influenced by large shareholder control: in firms with controlling blockholders and when a universal bank is simultaneously an equity- and debtholder, the pay-for-performance relation is lower than in widely held firms or blockholder-controlled firms. Third, since 1995 several major regulatory initiatives (including voluntary codes) have increased transparency and accountability.     

现代国际法的人本化发展趋势

Humanization is not only a new concept and value-oriented, but also an ever-increasing positive phenomena in international law. Contemporary international law has been contributing to the establishment and improvement of global peace and development order for the co-existence among States on the one hand, and making endeavors to the formation and maintenance of humanizing order, which is both “individual-oriented” and “humankind-oriented”. Such a humanizing phenomenon undoubtedly represents the advanced trend of international law, enriches its contents, updates some of its classic branches and impacts on the basic principle of reciprocity on which it is created and developed. However, the humanization of international law could not have taken shape without common accords among States by means of either treaties or customary rules; and without cooperation among States, the humanistic value of international law can never become true no matter how sublime it is. Zeng Lingliang, Ph.D, is presently a dean and professor in Faculty of Law of the University of Macau, a Cheung Kong awardee and Jean Monnet Chair of European Union Law in Wuhan University, and one of the first three individuals nominated by the Chinese government on the list of panelists in the WTO. Prof. Zeng has a lot of articles published on the WTO issues, EU law and international law, and his representative monographs, for instance, European Communities and Modern International Law (Wuhan University Press, 1992) and its revised edition European Union and Modern International Law (Zhiyi Press, 1994), Law of World Trade Organization (Wuhan University Press, 1996), International Law and China in the Early 21st Century (Wuhan University Press, 2005) and Essentials of EU Law—In the new perspective of the treaty on a Constitution for Europe (Wuhan University Press, 2007).     

浅析仲裁员之责任制度(上)

“仲裁员责任制度”的构建是现代仲裁制度发展过程中一个不可或缺的问题。本文将仲裁性质的基本理论作为确定仲裁员责任制度的出发点,通过对仲裁员责任的性质、豁免以及其与仲裁机构的责任分配的分析,试图在阐明其必要性的基础上,结合我国之现状,对仲裁员责任制度加以初步地剖析与框架的构建。     

CUSTODY DISPUTES INVOLVING ALLEGATIONS OF DOMESTIC VIOLENCE: TOWARD A DIFFERENTIATED APPROACH TO PARENTING PLANS

Premised on the understanding that domestic violence is a broad concept that encompasses a wide range of behaviors from isolated events to a pattern of emotional, physical, and sexual abuse that controls the victim, this article addresses the need for a differentiated approach to developing parenting plans after separation when domestic violence is alleged. A method of assessing risk by screening for the potency, pattern, and primary perpetrator of the violence is proposed as a foundation for generating hypotheses about the type of and potential for future violence as well as parental functioning. This kind of differential screening for risk in cases where domestic violence is alleged provides preliminary guidance in identifying parenting arrangements that are appropriate for the specific child and family and, if confirmed by a more in‐depth assessment, may be the basis for a long‐term plan. A series of parenting plans are proposed, with criteria and guidelines for usage depending upon this differential screening, ranging from highly restricted access arrangements (no contact with perpetrators of family violence and supervised access or monitored exchange) to relatively unrestricted ones (parallel parenting) and even co‐parenting. Implications for practice are considered within the context of available resources.     

Constructing Victims and Villains: Unintended Outcomes of Contact Prohibition Orders

Contact prohibition orders (besöksförbud) are by now an institutionalized form of preventing violence and protecting the integrity of individuals from non‐strangers' intrusion in their lives. On the basis of an analysis of, primarily, in‐depth interviews with people intended to be protected by such orders, it is argued that this legal practice has unintended consequences for the parties' interaction and relationship. In order to obtain and maintain CPOs, the individuals have to regard and present the other party's acts as criminal cases and watch their own behaviour to preclude accusations of having provoked violations. They are also expected to evidence the other's crimes. In court they have to present themselves as credible witnesses and at the same time as suffering victims in order to retain the victim role. To make sense of the new situation, they tended to re‐construct the other party as inherently criminal, and they accounted for their common past as based upon the other's deception. Hence, it is claimed that the encounters with the criminal justice system have a decisive impact on the individuals' understanding of themselves, the other party, their relations and interaction.     

The European Court of Justice and the Annulment of the Tobacco Advertisement Directive: Friend of National Sovereignty or Foe of Public Health?

In Case C-376/98 Germany v Council the European Court of Justice annulled a Directive which banned the advertisement and sponsorship of tobacco. The judgment sanctions regulatory policy-making at the national rather than the Community level. The paper examines the legal basis of the annulment, its effect on economic efficiency and the implied role of the Court in the formulation of public policy in Europe. Within the institutional limits of the judicial power to determine policy, the Court focused on whether or not disparate national laws restrict free movement and distort competition and affirmed the primacy of the nation state to regulate economic activity.     

利益语境下经济法的价值分析

经济法在平衡利益冲突和化解社会冲突的同时,就意味着对公正、秩序、效率等价值的追求。在现代社会,经济法无论是在观念实体还是制度建构中,都是有其所赖以为基础并在实践中加以贯彻的一套价值准则作为法律制度的内在价值加以固化的。在我国现阶段,经济法价值目标可以表述为:效益优先,兼顾公平。在利益语境下,经济法所追求的价值目标的实质是以社会整体效益的最优为根本价值目标,在此基础上实现个体利益的最大化、普遍化、持续化。     

Voting Procedures for Complex Collective Decisions. An Epistemic Perspective

Abstract. In addressing a complex issue that is decomposable into several sub‐questions, a committee can use different voting procedures: Either it can let the committee members vote on each sub‐question and then use the outcomes as premises for its conclusion on the main issue (premise based‐procedure, pbp), or it can let the members directly vote on the conclusion (conclusion‐based procedure, cbp). The procedures can lead to different results, but which of them is a better truth‐tracker? On the basis of Condorcet's jury theorem, we show that the pbp is clearly superior if the objective is to reach truth for the right (= correct) reasons. However, if the goal instead is to reach truth for whatever reasons, right or wrong, there will be cases in which using the cbp turns out to be more reliable, even though, for the most part, the pbp will retain its superiority. In that connection, we also consider the truth‐tracking potential of a “sophisticated” variant of the pbp, which is sensitive to the size of the majorities supporting each of the premises.     

行政救济法上不停止执行原则的再思考

行政法上的不停止执行原则是行政救济制度中的一项特有原则。从比较法上看,无论采取停止执行或不停止执行,域外制度设计一般认为其在性质上属一种暂时权利保护措施,以达到救济的有效性。我国确立不停止执行原则的基础在于维护公共利益,缺乏救济过程中对个人权益的保护。我国立法需因应现实,修正确立基础,明确行政救济对个人权益保护的有效性;在此基础上,针对立法问题予以修正,确立复议或诉讼期间行政行为停止执行原则,构建法院和行政机关的停止执行程序。     

统筹城乡模式下的乡村治理:制度创新与模式设计

在比较中西四种乡村治理模式基础上,致力于从乡村治理演化轨迹、价值诉求方面探讨统筹城乡模式下的一体化、市场化、民主化、系统化价值目标体系,进而从四大主体、五大关系论证统筹城乡模式下乡村治理制度创新理念及其实现路径.     

政府行为中的新闻机制——试论中国的新闻发布制度

“新闻发布制度”是推行政务公开、信息透明、促进政府与新闻界之间沟通的重要途径,去年我国非典阻击战的胜利与全国人民恐慌的消除,与及时透明的新闻发布制度不无关系。与已经建立了较为完备的新闻发布制度的美国相比,我国的新闻发布制度无论在制度设计、法律基础方面,都存在较大差异,新闻发布制度在具有其优点的同时,也有其不适应社会不符合制度设计原意的方面。因此,重视建立和完善政府新闻发布制度的法律保障制度和监督制度,是我国建立健全透明的信息公开制度亟待解决的一大问题。     

The Pure Theory of Law and the Fragile New Democracies of the Developing World

Political and socio‐economic distress invariably accompanies democratic orders in Nigeria. Usually, the people turn to the military, justifying this by reference to a whimsically transferable peoples’ will as Grundnorm (a basic norm, order or rule that forms an underlying basis for the legal system). However, though ‘We the People’ is contained in the Preamble, it is dangerous to so situate the Grundnorm in the will of the people other than that will expressed by them in the Constitution. That said, the Grundnorm is still, for juristic and jurisprudential reasons, to be found in the Preamble.

For new democracies, the Nigerian example illustrates how not to employ the Grundnorm theory if democracy is to survive.