案外人异议之诉研究

2007年修改的民事诉讼法通过赋予案外人以提起诉讼的方式对执行行为可能侵犯其实体权益的情形予以救济,确立了案外人异议之诉的独立性,恢复了案外人异议的实体性本质。为了实现案外人异议之诉的价值,有必要在当事人、诉讼请求、管辖法院等诉讼构造以及当事人诉权的限制上实行与一般民事诉讼不相一致的独特制度。     

新形势下医疗损害赔偿纠纷案件的审理情况、问题与对策

为了研究如何在审判实践中贯彻实施《侵权责任法》。本文在分析近年来北京市法院系统医疗损害赔偿纠纷案件收结案数量、结案方式、案件特点等基本情况的基础上,研究了北京市法院在《侵权责任法》实施后审理医疗损害赔偿纠纷案件的若干疑难问题,并对当前审判实践中的一些突出疑难问题提出审判对策。     

Supplementary markers for deficient immigration cases: Additional STRs or SNPs?

Analysis with commonly available STR kits can sometimes fail to produce sufficient information in immigration cases containing only one parent. In these cases, not only does paternity/maternity need to be assured, but also other possible relationships dismissed (e.g. avuncular relationships).We have taken more than 50 of these cases and investigated which type of additional marker produces the greatest benefits: 48 SNPs or 6 additional informative STRs (including 5 additional markers from the new European extended set). The results of this analysis show the SNPs to be of greater value.     

Seeking for risk factors of Intimate Partner Violence (IPV) in a Greek national sample: the role of self-esteem

The objective of this article is to gain a better understanding of the magnitude of intimate partner violence (IPV) in Greece and to explore factors associated with increased risk of IPV prevalence. A cross-sectional study was undertaken among 1,122 men and women, aged 18 to 65, who are residents of urban areas of Greece. The questionnaire used included 3 sections and 39 items that examined the sociodemographic characteristics of the participants, rate of IPV victimization and perpetration (physical, sexual, emotional), childhood experience of violence, and level of self-esteem. Statistical analysis showed self-esteem to be significantly associated with physical violence victimization and perpetration (odds ratio [OR] = .975, confidence interval [CI] = .955-.996; OR = .972, CI = .951-.993, respectively), whereas experience of abuse during childhood was shown to be a strong predictor in all six models of IPV victimization and perpetration (p < .001). Finally, gender, age and years of cohabitation were some sociodemographic and background characteristics found to increase the risk of specific forms of IPV. Conclusions drawn from the current study should be taken into account in attempts aiming at preventing or ameliorating the problem.     

合议庭职责和院庭长裁判文书签发权限制度的完善

目前,大多数法院都实行了约束型放权式,这是符合客观条件和实际需求的选择,但是,现行合议庭职责和签发制度本身还存在很多不完善之处,需要对其进行理性的制度设计,以便能够在保障合议庭依法行使审判权、强化其主体地位的前提下,充分发挥院、庭长对于合议庭的监督、指导职责。     

British Trials of Irish Nationalist Defendants: The Quality of Justice Strained

In what came to be controversial cases in the 1970s, British courts convicted individuals involved with IRA bombing campaigns and sent them to prison. The Guildford Four, Maquire Seven, and Birmingham Six were all convicted with faulty evidence and/or coerced confessions. Obtaining convictions for the bombings was important for the British government and British public opinion, since the guilty persons were caught and punished. There are few indications, however, that the government as a matter of policy decided to convict and imprison innocent people in order to mollify the public and achieve other political objectives. The original convictions were miscarriages of justice but not government policy. The delay in rectifying the original convictions, however, displayed more concern about potential negative effects for the political system if judicial errors were admitted.     

The use of psychological interventions for adult male sex offenders with a learning disability: a systematic review†

ABSTRACT

There is a drive to attend to the specific treatment needs of sexual offenders with a learning disability (LD) and increasing recognition of treatment limitations in this group. Cognitive behavioural therapy (CBT)-based sex offender treatment programmes (SOTPs) are being increasingly adapted for the LD population. This review systematically considers the evidence base for LD adapted CBT-based SOTPs. Ten studies together comprising 358 participants were reviewed. LD adapted SOTPs were conducted in prisons, secure settings and in the community. Within-treatment findings generally indicated positive cognitive shift, improvements in victim empathy and increased sexual knowledge on psychometric measures. Whilst findings are encouraging, many of the studies have methodological limitations. In particular, all studies used pre-test post-test study designs lacking control groups therefore restricting the evaluation of treatment outcomes. The LD sex offender literature remains underdeveloped and there is a strong case for further research to establish a valid evidence base for treatment.     

刑事诉讼实践中的若干问题研究

刑事诉讼实践中存在着一些问题,如法院将作出对被告人有利的无罪判决时,检察院以“事实、证据有变化为由”,申请撤诉,从而严重侵害了被告人的人权；无罪案件中的非法证据问题；法院是否可以变更起诉罪名和事实宣告被告人无罪；法院在宣告被告人无罪前,检察院申请撤回起诉等等。研究这些问题,对促进和完善刑事诉讼程序具有一定的实践和理论意义。     

论医疗损害赔偿的法律适用标准

本文论述了关于医疗损害赔偿法律适用的3种观点,认为医疗损害赔偿既不能适用限额赔偿标准,也不能适用或参照《医疗事故处理条例》的规定,只能适用《民法通则》及有关司法解释等民事法律规范,希望对司法实践有所借鉴意义,并能作为最高院制定医疗纠纷司法解释的参考。