保险合同解释中的疑义利益解释原则--兼谈对《保险法》第30条的理解和适用

疑义利益解释原则是保险合同解释的一项特殊规则。对于疑义利益解释原则的适用条件是 :保险合同的一般解释原则未能解决争议 ;条款模糊不清 ;对模糊不清不承担责任等。疑义利益解释原则的适用范围应根据保险人与被保险人交易实力的强弱决定     

Understanding Recreation and Sport as a Rehabilitative Tool Within Juvenile Justice Programs

This article discusses relevant literature on the potential benefits of sport, recreation, and leisure, and how these benefits relate to rehabilitation of juveniles. Many professionals involved in juvenile rehabilitation believe sport and recreation are beneficial adjuncts to treatment programming; however, it can be difficult to structure sport and recreation in ways that directly correspond to treatment goals. The purpose of this article is to provide insights for professionals working with juveniles on how sport and recreation programming can be an effective means of helping to achieve rehabilitation goals. Attention is given to approaches, particularly the Teaching Games for Understanding model (Bunker & Thorpe, 1982), which can be used to effectively link recreation and sport to the rehabilitation process.     

马克思主义的劳动价值论和我国私营经济的发展

私营经济是我国社会主义初级阶段基本经济制度的重要组成部分,但目前对私营经济的性质认识上还未能完全统一,而要最终分析清楚我国私营经济的性质,把认识统一起来,就必须深化对社会劳动价值论的认识。     

论我国旅游经济法制建设

加入WTO后 ,我国的经济立法 ,特别是涉外经济立法必将向国际标准靠齐。在旅游经济领域 ,世界贸易组织的一揽子协定 ,特别是其中的《服务贸易总协定》(GATS)所确立的一系列法律规范 ,将成为我国旅游法制建设的“国际标准”。本文着重根据《协定》的有关法律规范 ,对我国旅游经济法制建设的法理依据作一阐述 ,在此基础上从立法学的角度剖析我国旅游经济法制建设的现状 ,并提出若干建议。     

Prison mental health services: results of a national survey of standards, resources, administrative structure, and litigation

The formation of adequate mental health systems within prisons has accelerated as a result of successful class action lawsuits. Our recent national survey questioned all state correctional departments about the existence of standards in each system, compliance with such standards, prevalence of class action lawsuits involving the issue of providing adequate mental health services for inmates, issues related to consent decrees, available mental health resources within the correctional system, and the administrative structure of the mental health system. Our purpose was to identify those factors correlated with certified class action lawsuits involving issues related to mental health services. Twenty-one states were involved in such litigation. Only the presence of psychiatric hospitals operated by the department of corrections correlated with the presence of certified class action lawsuits involving mental health services. Prison systems larger than 15,000 inmates were at higher risk for such litigation. Smaller systems having psychiatric hospitals run by the state mental health agency appeared to be at less risk for such litigation.     

The decision to leave an abusive relationship: The testing of an alternative methodological approach

Most studies that consider the factors influencing the decision to leave an abusive relationship rely on retrospective, self-report data. In addition to the biased samples that are frequently obtained in such investigations, the methodological shortcomings of survey research limit its explanatory power, particularly when applied to such sensitive topics as family violence. This report introduces an alternative method for studying the decision to leave an abusive relationship. Forty-five men and 68 women were studied using an experimental computer game of an abuse-like relationship. The tendency to leave this relationship was measured under four differing conditions of severity and frequency of abuse. A logit analysis revealed that the frequency of abuse was more consequential to women's decisions to leave, while severity of abuse was more salient for men. In addition, the hypothesized model, including frequency of abuse, severity of abuse, and locus of control, fits well for women but not for men. The implications of these findings, as well as the validity and future application of experimental games, are discussed.