略论劳动法中经济补偿

在劳动法律关系中 ,用人单位与劳动者解除劳动合同或劳动合同终止后 ,用人单位常常要依照法律规定 ,一次性支付给劳动者一定的经济补偿。关于这种经济补偿规定适用的前提是劳动合同的存在 ,并且劳动者无过错的情况下劳动合同解除或劳动合同终止 ,其常常以劳动者工作时的月工资收入为标准来计算。     

多式联运：关于当代法律的评论

德国运输法的改革法案于 1998年 7月 1日生效。新法最主要的变化是为国内的各种货物运输方式 ,包括公路、铁路、内水和航空运输 ,制定了一套相同的法律规则 ,同时第一次为多式联运制定了规则。本文主要以德国法为对象 ,同时比较中国、荷兰和法国法 ,论述多式联运合同的定义 ,适用法律 ,责任限制等问题。     

谈法学教育中的讨论式教学法

讨论式教学法是法学教育中不可缺少的一个重要环节。如何选择讨论题目或案例，怎么做好讨论前的准备工作，讨论过程应注意的问题及讨论对学生教师的作用，都有一定的规律及意义。     

Interpreting and Writing the Law in Digital Society: Remarks Made on a Shift of Paradigm

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - In this article I discuss the nature and sense of legal reasoning as reasonableness, i.e. as...     

Remarks on the General Part of International Criminal Law

After decades of little reflection on the General Part of InternationalCriminal Law (‘ICL’), the practice of the Ad HocTribunals and Part III of the ICC Statute both offer a uniqueopportunity and create a necessity to give more thought to therules of attribution for international crimes. Indeed, the aimof further research must be to develop a more refined systemof attribution. This is especially important in ICL, since itis primarily concerned with high level perpetrators who rarelycommit the crimes themselves but use mid- or low-level perpetratorsto execute their criminal plans. While ICL ‘in action’is recognized today as primarily criminal law, the rules ofattribution are still underdeveloped. Some rules developed bythe case law even violate, when applied in their extreme form,fundamental principles of criminal law. Identifying and applyingthese principles, specifically the principles of legality andculpability, will be the first step in constructing a more legitimatesystem of attribution.     

论跨国公司之法律主体地位

跨国公司作为主体参与国内国际社会活动的能力与事实并存.依法律主体资格的唯一衡量标准——法是否直接赋予其权利义务,跨国公司享有国内法主体地位,但不享有国际法主体地位.对法赋予跨国公司主体地位的可能性分析须从法的根本目的出发,并结合现实社会实践综合考量.作为国内国际社会的重要参加者,跨国公司对现有法律体系下各法律主体享有权利承担义务及法所保护的社会秩序均有重大影响,这决定了其享有相应国内国际法主体地位的发展趋势.     

后次贷危机时期政府救济措施的国际法考量

主持人的话 如所周知,金融危机或称金融风暴,系指一个国家或几个国家与地区的全部或大部分金融指标(如:短期利率、货币资产、证券、房地产、土地(价格)、商业破产数和金融机构倒闭数等)的急剧、短暂和超周期的恶化.近40年全球金融危机经历的阶段主要有:布雷顿森林体系崩溃,上世纪70年代"石油冲击"引发的经济衰退,1987年全球股灾,1997年亚洲金融风暴,1998年俄罗斯经济危机及美国长期资本管理公司(LTMC)危机,2000年的互联网泡沫破裂,2008年至今由次贷危机引发的全球金融危机等.持续的全球金融危机对各国、各行业的负面影响非常严重,造成的损失难以估量.     

The spatial and temporal distribution of pollen in a room: Forensic implications

This paper presents two experimental studies that deal with the spatial and temporal distribution of pollen grains within a room of a domestic dwelling. The findings concur with the preliminary work of Morgan et al. [1] and provide greater detail as to the behaviour of pollen grains within indoor locations that are pertinent for forensic investigations. The spatial distribution of pollen in a room exhibits strong distance decay trends, with the majority of pollen recovered within 0.8 m of its source. The pollen was found to persist in increasing quantities during the time the flowers were in the room. This study also shows that 20 days after the flowers were removed, 25–32% of the original pollen was still present within the room. The influence of disturbance was investigated and whilst areas of high disturbance were found to retain less pollen than undisturbed locations, the influence of the proximity to source was a more dominant factor.These findings have significant implications for forensic investigation protocols, particularly the collection and interpretation phases of trace evidence analysis. The distribution of pollen around a room ensures that viable sources of trace pollen are available for transfer if contact is made between a location in the room and a suspect. The persistence of pollen many days after the flowers have been removed from a room indicates that many rooms in domestic dwellings will have distinctive assemblages that reflect the history of the flowers that have been displayed within that room in the past, and that these assemblages will persist and therefore be available for transfer. These preliminary findings indicate that investigation by forensic palynology in indoor domestic settings may well be an underutilised technique that has the potential to provide accurate and valuable intelligence and evidence for forensic enquiry.     

The Predicament of Modern Law: Parker's History of a Law Without a History that Matters

Kunal Parker's Common Law, History, and Democracy in America, 1790–1900: Legal Thought Before Modernism shows how nineteenth‐century thinkers thought about law and history differently than do post‐Holmesian modernist sociolegal scholars, whose ahistorical law appears contingent on politics, power, or will. Understanding time and history to be essential to law, nineteenth‐century jurists conceived of a common law that was able to work with and to shape democracy, Parker argues. Contra modernist histories then, Parker claims that the common law was not a reactionary force that stood in the way of democracy and economy. His history of legal thought before modernism suggests, further, the predicament of antifoundationalist modern law and modernist scholars: stripped of time and without its own history, how can law be anything other than politics, power, or will?     

The Law Commission's recommendations: a triumph in trust reform

A major advance in trust law reform has been achieved by theLaw Commission's recommendation that there should be no radicallegislative change but a substantial shift in practice associatedwith exemptions of clauses in trust instruments. The advance is as much in the way the changes are to be achievedas in the actual proposals (Law Com No 301) that the law Commissionhave put to the government. These were presented with prideto interested parties in the House of Lords late in July. The shift in practice has not been arrived     

Law and Social Inquiry: Commentary on a Psychoanalytic Semiotics of Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

两大法系错误区别中残留的真相

人们常常把对抗制和纠问制诉讼模式的不同作为西方两大法系最根本的不同点,进而依据两个模式又发现、列举出一系列衍生的区别.其中当然有正确的观点也有错误的理解.达马斯卡在本文中首先考察了自由放任时代两大法系所存在的相同点和不同点,进而跟踪之后两大法系发生的变化来甄别那些已经逐渐消失的区别,最终为我们揭示能够成为根本不同点的特...     

No room at the inn: a snapshot of an American emergency room

The emergency rooms of American hospitals have frequently become the principal suppliers of nonurgent primary care to the under- and uninsured. Canvassing published reports and using original data obtained from a representative urban hospital, Erik Olson examines the demographics of the American emergency room and analyzes its finances. The costs of providing primary care are shifted, to the extent possible, to those who can pay. The result is escalating health care costs and a deterioration of quality of care due to overcrowding, leading some hospitals to close their emergency rooms and others to turn away ambulances or "dump" patients who still require critical care. Mr. Olson explains that state antidumping laws and the federal COBRA statute have been ineffective at stemming these practices in the face of severe economic pressure to continue them. Pointing out that emergency rooms are an excessively expensive method of treating uninsured nonemergency patients, he proposes a system of primary care clinics created through a public/private partnership between municipalities and existing private health care providers. The partnership is designed to maintain a high standard of care at the clinics. As an incentive to stimulate the appearance of such clinics, a tax would be imposed on private health care providers; the tax on a given provider would be reduced to the extent that provider subsidizes a local primary care clinic that offers universal coverage, regardless of insurance status. Because the existence of such clinics would reduce inefficient use of hospital emergency rooms, in the long run hospitals should find it less expensive to finance local primary care clinics than to continue to sustain unreimbursed expenses due to improper use of their emergency departments.     

The Common Law/Civil Law Divide: Residual Truth of a Misleading Distinction

Ⅰ.IntroductionThe contrast between common law and civil law systems of civil justice is often expressed by juxtaposing adversarial and inquisitorial models of procedure.On the conventional understanding of these two models,civil litigation in common law systems then appears as controlled by litigants who present their respectivecases to a passive judge,and its civil law counterpart as controlled by an active judge who conducts an in-quiry into the facts and the law of a dispute.But while these two contrasting models capture many salient     

习近平关于政法机关严格执法的重要论述解读

党的多次重大会议与习近平总书记的讲话都对严格执法提出了许多重要思想与观点。提出严格执法,原因在于现实中执法不严的现象严重,这也是提高执法公信力的要求、依法治国的要求。实现严格执法,要强化执法人员公正廉洁的职业道德;执法人员要信仰和坚守法治;要把执法权关进制度的笼子;要让执法权在阳光下运行。当前要着力解决权力违法违规干预问题;全社会要信仰法律;要将以德治国和依法治国相结合;要将严格执法与文明公正执法相结合;领导干部要保证执法、支持司法、带头守法。习近平总书记的这些论断有助于我们完善严格执法,为中国法治化进程取得新突破新发展提供了理论指南。     

Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study

This article considers the contribution of therapeutic jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) 1960 relating to its substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families.     

The Bologna Process: From a European Law Perspective

The Bologna Process, an intergovernmental process of voluntary policy convergence towards a common higher education structure, poses several concerns from a European law perspective. The Bologna Process takes place outside the institutional framework of the EU, while there would have been legal competence to enact the content of the Bologna Declaration as a Community measure. Hence it could be argued that Member States have straddled the borders of loyal cooperation by avoiding the institutional framework of the EC with its built‐in checks and balances. They have obstructed the Community in the attainment of its tasks, which stands in tense relation to Article 10 EC. Moreover, there exist several other objections against the Bologna Process, particularly in terms of democracy, transparency and efficiency. The Bologna Process resembles a deal done in a smoke‐filled room, and its voluntary character combined with a lack of coordination prevents its effective implementation.