关于“公平”归责原则的思考

<正> 近年来,我国民商法的理论研究发展很快,其中侵权行为法尤为突出。在侵权行为法当中,归责原则或归责标准是一个核心问题;所以,凡论侵权行为法,必然要涉及于此。目前,学界对此的观点主要有三种:过错责任的一元制原则;过错和无过错责任并存的二元制原则;过错、推定过错(或严格责任、无过错责任等)及公平责任的三元制原则。三家之言各持其据,长期莫衷一是。作为二元归责原则的主张者,笔者认为三元制归责原则中的公平原则是不能成立的;实质上,它是一种“公平负担”或“衡平责任”的错误表述。     

未成年人犯罪及其防治实证研究——以浙江省未成年人犯罪及其防治为范例的分析

未成年人犯罪数量不断上升,覆盖的罪名持续增多,涉足的领域逐渐扩大,社会危害性日趋严重,未成年人犯罪防治面临十分严峻的形势。应通过完善保障未成年人权益立法、加强未成年人犯罪综合治理、健全未成年人犯罪司法保护工作机制等多种途径有效防范未成年人犯罪。     

Patterns of Romanian and Bulgarian Migration to Spain

The main purpose of this article is to establish to what extent migration from Bulgaria and Romania to Spain first, has a temporary and circulatory or a long-term and permanent nature, and secondly, responds to family or individual strategies. Several indicators are analysed: demographic composition; family reunification processes; migratory strategies within the family framework; the age of immigrants' children; and the frequency of movements between the destination and origin. The article demonstrates that many immigrants do not follow family reunification strategies but rather adopt individual strategies and that long term migration is the predominant pattern.     

How Do Base Rules Constitute a Virtual World?

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The classic theory of rules and norms rooted in John Searle’s theory of institutional...     

Belarusian population genetic database for 15 autosomal STR loci

Allele frequencies of 15 short tandem repeat loci included in the AmpFlSTR Identifiler kit (Applied Biosystems) were obtained from a sample set of unrelated individuals living in Belarus (n=176). For all loci, no deviation from Hardy-Weinberg equilibrium was found. Results were compared with data available for the Belarusian minority residing in northeastern Poland and for other Slavic populations. Statistically significant differences were observed between Belarusians and all compared populations. The values of heterozygosity, polymorphic information content (PIC), power of discrimination (PD), power of exclusion (PE), paternity index (PI) and matching probability (pM) were calculated.     

The new institutionalist approaches to health care reform: lessons from reform experiences in Central Europe

This article discusses the applicability of the new institutionalism to the politics of health care reform in postcommunist Central Europe. The transition to a market economy and democracy after the fall of communism has apparently strengthened the institutional approaches. The differences in performance of transition economies have been critical to the growing understanding of the importance of institutions that foster democracy, provide security of property rights, help enforce contracts, and stimulate entrepreneurship. From a theoretical perspective, however, applying the new institutionalist approaches has been problematic. The transitional health care reform exposes very well some inherent weaknesses of existing analytic frameworks for explaining the nature and mechanisms of institutional change. The postcommunist era in Central Europe has been marked by spectacular and unprecedented radical changes, in which the capitalist system was rebuilt in a short span of time and the institutions of democracy became consolidated. Broad changes to welfare state programs were instituted as well. However, the actual results of the reform processes represent a mix of change and continuity, which is a challenge for the theories of institutional change.     

Beuvant,Hugo, Thérence Carvalho and Mathilde Lemée (edd.), Les traductions du discours juridique. Perspectives historiques,Préface de Francesco di Donato

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -