中俄有名合同立法比较研究

在市场经济条件下,民事主体之间的关系主要体现为合同关系。从计划经济向市场经济转型的中俄两国对各种类型的合同作出了立法规定,但由于两国改革设计者在改革思路、立法理念、国情和立法技术上的不同,两国对有名合同的规定仍然存在着重大的差别。中国至今没有完成民法典的制定,一部统一的单行合同法对各种类型的合同作出了系统规定。虽然中国合同法秉承世界先进理念,立法技术也臻于成熟,但典型合同的类型仍显不足,且受市场经济不够完善的制约,法律条文留给民商事主体的创新空间非常有限,从而影响有名合同的民间生成。俄罗斯民法典规定的有名合同类型相对较多,较之中国合同法的规定也相对完备,值得中国借鉴,但在理论与立法技术上亦存在诸多问题,亦有吸收中国立法经验的必要。     

Politicians Using History

The political potency of national history has been understood for generations. Yet there has been an unquestionable surge in history's political influence over the last twenty or thirty years, as the various history wars that have broken out around the world attest. Australia has been no exception: disputes over its national story continue to generate considerable controversy in the media, in politics and in public debate. But how has this politicisation of the past affected Australian political history in the present? This paper examines how history is practised in contemporary Australian politics — and notices an increasingly strategic use of the past by politicians in recent years.     

In a World of Their Own: Security‐cleared Counsel,Best Practice,and Procedural Tradition

This article charts how security‐cleared counsel have been constructed as a mechanism for managing the tension between security and fairness in secret trials and transferred across national boundaries as an example of ‘best practice', before going on to evaluate recent cross‐cultural and transnational research on this ‘best practice'. Particular attention is paid to the central role played by the European Court of Human Rights (ECtHR) in promoting the role of ‘special advocates’ and a contrast is made between the methodologies deployed by the Court and those used in recent research to identify and problematize ‘best practice’ within the closed world of security‐cleared counsel. The article then goes on to explore the relationship between ‘best practice’ and procedural tradition and argues that normative solutions advancing ‘best practice’ need to pay careful attention to the procedural contexts and cultures in which they are embedded.     

Real Lives and Lost Lives: Making Sense of ‘Locked in’ Responses to Intimate Partner Homicide

The problem of intimate partner homicide is featuring increasingly on national and international policy agendas. Over the last 40 years, responses to this issue have been characterised by preventive strategies (including ‘positive’ policing; the proliferation of risk assessment tools, and multi-agency working) and post-event analyses (including police inquiries and domestic homicide reviews). In different ways, each of these responses has become ‘locked in’ to policies. Drawing on an analysis of police inquiries into domestic homicides in England and Wales over a 10-year period, this paper will explore the nature of these ‘locked in’ responses and will suggest that complexity theory offers a useful lens through which to make sense of them and the ongoing consistent patterning of intimate partner homicide more generally. The paper will suggest this lens in embracing what is known and unknown affords a different way of thinking about and responding to this problem.

     

Fingerprint Change: Not Visible,But Tangible

Hand–foot syndrome, a chemotherapy‐induced cutaneous toxicity, can cause an alteration in fingerprints causing a setback for cancer patients due to the occurrence of false rejections. A colon cancer patient was fingerprinted after not having been able to use fingerprint recognition devices after 6 months of adjuvant chemotherapy. The fingerprint images were digitally processed to improve fingerprint definition without altering the papillary design. No evidence of skin toxicity was present. Two months later, the situation returned to normal. The fingerprint evaluation conducted on 15 identification points highlighted the quantitative and qualitative fingerprint alteration details detected after the end of chemotherapy and 2 months later. Fingerprint alteration during chemotherapy has been reported, but to our knowledge, this particular case is the first ever reported without evident clinical signs. Alternative fingerprint identification methods as well as improved biometric identification systems are needed in case of unexpected situations.     

Victimization and Poly-Victimization in Adolescent Outpatients from Mental Health Centers: A Case-Control Study

The aims of the present study were to establish interpersonal victimization rates in a clinical sample and to analyze this sample’s risk of victimization relative to the general population. The sample was composed of 472 adolescents (12–17 years of age): 118 outpatients from public mental health centers and 354 students who were matched by age and sex. Following previous studies, this research defined poly-victimization as four or more victimization types occurring during the previous year. The clinical group was more likely to report sexual victimization (OR = 9.540), conventional crime (OR = 3.120), caregiver victimization (OR = 3.469), witnessing and indirect victimization (OR = 3.466), electronic victimization (OR = 2.809), and poly-victimization (OR = 4.319) compared with the control group. Clinical samples present an increased risk of interpersonal poly-victimization compared with the general population. The influence of poly-victimization on mental health should be considered in the evaluation and treatment of adolescent outpatients.     

Previous judicial detection and paedophilic sexual interest partially predict psychological distress in a non-forensic sample of help-seeking men feeling inclined to sexually offend against children

Little is known about overall psychological distress in paedophiles who are not formally involved with the criminal justice system. Since knowledge in this context could help to optimise intervention efforts, this study aimed to examine the association between distress as measured with the Brief Symptom Inventory (BSI) and preference- and offence-related variables in a sample of N?=?455 men self-reporting sexual interest in children, of whom 402 were diagnosed as paedophiles. Results showed that 59% reported clinically relevant levels of distress, with paedophiles being significantly more distressed than teleiophiles. A regression analysis revealed that a paedophilic preference and prior detection were relevant predictors for distress. However, past offending behaviour had no impact and the major part of variance could not be explained. The results suggest that paedophilia is associated with distress, but other factors influence whether a paedophilic man is distressed on a clinically significant level.     

Service delivery on the cheap? Community-based workers in development interventions

Within current neo-liberal approaches to development, models of community-driven development assume that community-based workers (CBWs) are key actors in improved and accessible service delivery. We argue that use of CBWs is under-theorised and seems to be based largely on untested assumptions about community participation and responsibility. Drawing on case studies on potable-water management and home-based care for HIV/AIDS patients in Tanzania and South Africa, the article explores issues of accountability, professionalism, and personal motivations in systems involving CBWs. It argues that many assumptions in relation to the effectiveness of CBW programmes require re-visiting.