两岸物权法草案最高额抵押权法制之比较研究

物权法定原则(numerus clauses)是德国物权法的重要基础,然而为因应社会经济变迁及需求,完全贯彻该项法律原则,将有限制物权发展、交易自由之虞,并会造成与社会经济生活严重脱节、难以贯彻民法上意思自治原则等疑虑。尤其是商业环境下经常从事继续性交易的企业组织,为因应经营规模扩大、国际化及多角化经营,部分公司选择向银行设定最高额抵押以举借中长期借款作为其最适融资决策。同时,东亚各国也将最高额抵押权法制化(legislation of maximum mortgage right)列为其物权法的修正重点。因此,本文首先从法律原理及商业习惯等两个面向,指出最高额抵押权法制化的主要缘由;其次,本文归纳最高额抵押权的法律特性,厘清最高额抵押权与担保物权一般特性的差异,并提出担保物权从属性相对化的发展趋势;再者,在两岸物权法竞相修订之际,详细介绍两岸物权法草案最高额抵押权法制的规范内涵,并采取比较法分析两岸物权法草案;最后,本文建议大陆物权法草案最高额抵押权法制,应朝向有利融资创新活动加以设计。     

Recidivism Rates Among Child Molesters and Rapists: A Methodological Analysis

We address the high variability in sex offender recidivism rates by examining several of the critical methodological differences that underlie this variability. We used a dataset on 251 sex offenders (136 rapists and 115 child molesters) who were discharged over a 25-year period to examine changes in recidivism as a function of changes in dispositional definition of reoffense (e.g., arrest or conviction), changes in the domain of criminal offenses that are considered, and changes in the length of exposure time. The data indicate that: (a) both rapists and child molesters remain at risk to reoffend long after their discharge, in some cases 15–20 years after discharge; (b) there was a marked underestimation of recidivism when calculating a simple proportion (%) consisting of those who were known to have reoffended during the follow-up period, and (c) there was a marked underestimation of recidivism when the criterion was based on conviction or imprisonment. Forensic, clinical and policy implications of this high variability are discussed.     

Sequence analysis of STR polymorphisms at locus ACTBP2 in the Taiwanese population

A highly polymorphic sequence structure is reported in the human beta-actin related pseudogene 2 (ACTBP2) (SE33) locus in members of the Taiwanese Han population. A total of 100 unrelated members of the Taiwanese Han population were used in the study. Alleles that shared the same size but differ in their sequence are described to allow for inter laboratory sharing of data. PCR products amplified from this locus were separated by single-strand conformation polymorphism electrophoresis, the single-stranded DNA bands were excised from the gels, a second amplification performed, and then the PCR products were sequenced. All the alleles differed by either 2 or 4 bp. Sequence variations were observed as deletions or insertions in the repeat units AG (or AA) and AAAG. Additionally, transitions in the flanking regions were recorded. A total of 27 alleles with 71 associated genotypes were recorded if the alleles were defined by size, but 68 alleles with 88 associated genotypes were noted with the alleles were scored on the basis of sequence variation. The power of discrimination (Pd) of this single locus was 0.9874 making the human ACTBP2 a good alternative marker for individual identification and paternity testing.     

The Lion and the Dragon: A view on Singapore‐China relations

This paper starts with some observations about developments of the post-Cold War era and their impact on Sino‐ASEAN and Sino‐Singaporean relations. It then surveys the relations between Singapore and China in the 1990s. The focus is on the establishment of official ties in 1990 and the economic interactions between the two sides in the last decade. Having surveyed the relations, the paper examines some of the problems for the promotion of closer cooperation. It notes the difference in the working style of both sides. In this regard, it deals specifically with the Suzhou Industrial Park and highlights the lessons that could be drawn from such a joint venture. The paper concludes by noting that Sino‐Singaporean cooperation has been broadened to include defence, cultural and educational exchanges and the relationship will be more realistic and mature in the twenty-first century.     

Contract Damages, Corrective Justice and Punishment

This article re-examines the established principle that contract damages compensate but do not punish from the theoretical perspective of corrective justice and, in particular, the version advocated by Professor Ernest Weinrib. Weinrib argues that corrective justice affirms the traditional view that contract damages should be circumscribed by compensatory functions, and the notion of punitive damages is inconsistent with the structure of corrective justice and hence contractual rights. The correctness of this conclusion depends, however, on what is understood by punishment. This article argues that punishment is not necessarily explicable only as a form of state punishment, but may (adopting the retributive idea of punishment expounded by Jane Hampton) also be understood as a form of correlatively-structured response that redresses the moral injury inflicted by one's conduct on another. If that is the case, punitive damages for breach of contract may be justified even within the framework of corrective justice.     

Tensions in the Regulation of Abortion in Britain

This article discusses policy and practice in abortion provision, paying particular attention to the provision of counselling before abortion. It discusses the way the Abortion Act 1967 constructs the woman seeking abortion, the reasons for the development of a policy about abortion counselling in the 1970s, and that policy's relationship to the assumptions about women underlying the statute. The ways in which policy has developed since 1977 are considered, and how policy and practice have come to view women seeking abortion in a way that contrasts with the construction of them that emerges from the law. Thus, the article argues, given that the 1967 Act and other rules that regulate abortion provision seem to rest on contradictory assumptions, the law should be reformed in line with policy and practice.     

The effects of different entry modes of foreign direct investment on labor rights in the developing world

Although many studies have investigated the effects of foreign direct investment on labor rights in the developing world, no studies of which we are aware have considered how differences in the mode of entry—that is, mergers and acquisitions (M&As), cross-border joint ventures (JVs), and greenfield investments (GIs)—taken by multinational corporations affect labor rights in host countries. Using panel data for up to 113 developing countries from 1985–2002, we find that foreign firms that enter via M&As tend to have minimal, or slightly negative, effects on labor rights, whereas JVs and GIs support improvements in workers’ rights. Overall, the results suggest that the sectors and motivations associated with JV and GI modes of entry increase labor demand, improving the bargaining power of workers.     

Fatal Falls from Height in Taiwan

This study conducts an investigation of fatal falls from height, examines gender differences, and compares our findings with those of Western countries. We review deaths in Taiwan caused by falls from height that underwent forensic autopsy from 1994 to 2010. Among the examined cases, 182 were suicide, 156 were accidents, and 18 were homicides. Men who fell from greater heights had a lower probability of fatal head trauma (p = 0.045), and women exhibited a lower fatal head trauma rate when falling from heights of between 10 and 25 m in accident group (p = 0.003). There was no significant difference between cases of falling from greater and lower heights within the suicide group (p = 0.834). Psychiatric illness was only reported in 20.3% and 28.8% cases in suicide and accident groups. Only in male cases was the use of psychotropic substances higher in the suicide groups than in the accident groups (p = 0.047).