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41.
42.
修订后的《中华人民共和国公司法》于2006年1月开始实施,其目的在于给投资者营造更为有利的法治环境,并进一步落实相关法律责任的追究与相关法律执行的透明度。新《公司法》将董事受信忠实的概念第一次引入到中国法中。受信概念源于普通法系中的衡平法系统,但普通法系统与衡平法系统在法学与管辖上并存之双轨制度在中国大陆法系中却不存在。本文将由此探究以单纯书面立法的方式引入衡平法中受信概念的可行性。本文认为,只要在这个概念被转化为一个法律概念前对其作出详尽的定义,受信理论的衡平法特性并不会真正阻碍其转化为我国的法律概念。为对上述观点作出阐释,文章以新《公司法》中禁止董事与公司进行自我交易这一具体规定为参照,结合案例讨论了通过对境外司法实践的借鉴、立法机关衡平法技巧的培养,以及更仔细地考察现行的国内法则,来帮助弥补单单引入一个空洞的受信概念不足的可能性。 相似文献
43.
Purpose. The primary objectives of the study reported here were twofold. First, to investigate less experienced frontline police officers' perceptions of their witness interviewing practices with specific reference to their use of the ten cognitive interview components taught during initial PEACE (a mnemonic for the stages of the interview; Planning and preparation, Engage and explain, Account, Closure and Evaluation) interview training. Second, to investigate this group of officers' practical experiences of interviewing witnesses. Method. A sample of 221 young, in‐service, non‐specialist police officers from five UK police forces completed a self‐report questionnaire concerning their perceived witness interviewing practices. Respondents were surveyed about their use of the PEACE cognitive interview components, their practical experiences of interviewing witnesses and victims, and their views on investigative interviewing training. Results. There was a consensus among these officers that they perceived using some of the PEACE cognitive interview components more frequently and perceived some of them to be more effective than others. Conclusion. This study provides a unique insight into the perceived interviewing practices of some of the least experienced and the least trained investigative interviewers who conduct the majority of frontline witness interviews. These officers report feeling inadequately trained, under pressure and generally ill equipped to conduct a PEACE cognitive interview. 相似文献
44.
Rebecca Weston 《Journal of family violence》2008,23(6):483-493
Men’s emotional abuse and violence have a broad and pervasive impact on women that may include long-term effects on women’s
attachment and relationship quality. In this longitudinal study, women’s Wave 6 ratings of their insecure attachment were
hypothesized to mediate the relationship between partners’ Wave 5 abuse (emotional and physical) and Wave 6 relationship quality,
with differences in associations by women’s Wave 5 self-classification as secure or insecure. Mediation was tested with data
from a sample of 574 African American, Euro-American, and Mexican American community women who had completed at least three
waves of a six wave study. Differences occurred in the final structural equation models by women’s Wave 5 attachment style,
with direct paths from emotional abuse to insecure attachment and from violence to relationship quality for both groups, but
direct effects of violence on relationship quality only for insecurely attached women. 相似文献
45.
Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers
and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents.
They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international
protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these
women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion
on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise
the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as
a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women
as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line
of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory.
As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than
being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such
a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may
offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located
by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding
the fact the she was imported because there is a demand within the territory. 相似文献
46.
Despite the call to address domestic violence along with child maltreatment, little information exists to guide services for
victimized women involved with child welfare. Research shows that victimized women contend with multiple problems stemming
from violent victimization. Unfortunately less is known about combinations of needs and resources among victimized women,
especially for those involved with child welfare. Through an examination of needs and resources among families with child
maltreatment and domestic violence, we aimed to help address this knowledge gap. Needs and resources among 1,229 victimized
caregivers were examined using the National Survey of Child and Adolescent Well-being (NSCAW). Using latent class analysis,
four distinct multivariate profiles of needs and resources among victimized caregivers were identified. Significant differences
were found among the profile groups in the family violence they experienced in the 18 months following child welfare investigations.
Based on these findings, we discuss implications for tailored practices to enhance the safety of victimized caregivers involved
with child welfare.
An earlier version of this paper was presented at the 9th Annual Conference of the Society for Social Work and Research, Miami,
Florida in January 2005. 相似文献
47.
In mergers and acquisitions, difficulties connected to the IPaspects of a deal can represent significant obstacles. Theseneed to be identified and resolved, or at least fully appreciatedand understood, before the deal can move forward. Attempts toremove the obstacles must be reasonable, taking into accounttimescales, the value of the deal, and the appropriate levelof costs—but it is always a question of assessing theacceptable level of risk in the circumstances of 相似文献
48.
49.
50.
Hutchins Helena J. Harley Kim G. Wallenborn Jordyn T. Abrams Barbara Reno Rebecca Parrish Jared W. 《Journal of family violence》2022,37(7):1137-1146
Journal of Family Violence - Research suggests that breastfeeding may reduce child maltreatment risk. Alaska has high rates of both breastfeeding initiation and maltreatment reports to Child... 相似文献