亲权、法定监护、法定代理之界定

亲权作为身份权的一种,是父母基于身份关系对未成年子女所生之权利,原则上不得由他人代为行使,但日本民法第833条和第867条则有例外规定,即父母均为禁治产人时,其亲权应由父母的法定代理人代为行使。法定监护是监护的一种,它归于民事主体制度,是指根据法律的直接规定而进行的监督、保护等民事活动。立法例上,一些国家既规定亲权又规定监护,而另一些国家只规定监护。法定代理是基于法律的直接规定而进行的代理,它兼具民事主体与民事法律行为双重内涵,是各国法律均予规范的内容。民法理论上,亲权、法定监护和法定代理三者之间在诸多方面存在着牵连与叠合,同时又具有严格的界限和适用范围,它们对民事法律制度的协调与完善起着互补作用,是民事法律制度不可或缺的重要组成部分。     

医师收受药品回扣法律研究

现在医药领域里,回扣泛滥成灾,有着深刻的社会原因。医生收取回扣刑事上能否定罪,医生处方行为的性质定性以及受贿罪还是商业贿赂罪的定位在学界存在很大的争议。完善相关的法律制度,明确对医疗回扣的刑事民事行政责任的认定。寻求更好的法律救济,需要完善刑法立法,确定医生收取回扣刑法上的定罪量刑。建立医疗服务合同,加强行政监管,国家宏观调控的引导下结合市场经济的调节,保护患者合法利益,治理医疗腐败,解决医疗回扣问题势在必行。     

Marital Rape: Is the Crime Taken Seriously Without Co-occurring Physical Abuse?

This vignette study was conducted to determine how observers' beliefs about marital rape are altered by the knowledge of a prior history of husband-to- wife physical violence. Participants (n = 50 college students) read three different marital rape situations; in one situation the husband had been physically violent in the past; in another he had not. In the third situation, participants were not given any information about the physical abuse history between the spouses. As expected, participants blamed the victim most for the marital rape and minimized the seriousness of the rape when they had been told that there was not a prior history of husband-to-wife physical abuse. These findings suggest that observers use a physical violence history to establish the coercion needed to determine that marital rape had occurred. The legal implications of these findings are discussed.     

精神病人强制医疗制度研究

强制医疗是一项重要的社会防卫措施 ,涉及到公民人身自由权和社会安全及治安秩序。我国目前的强制医疗制度存在着政策性、行政性太强而法定化、司法化不足等缺陷。完善强制医疗制度必须使其适用条件明确化、适用程序司法化以及执行过程合理化。     

试论艾滋病防控中的国际法问题

本文分析了艾滋病防控对国际法上人类共同利益原则、国际合作原则和保护人权原则的影响,并研究了以世界卫生组织为代表的现有艾滋病防治国际法律机制及其新发展。     

To Run or Not to Run for Office: Explaining Nascent Political Ambition

In this article, we develop the concept of nascent political ambition and offer the first empirical assessment of potential candidates' initial interest in seeking elective office. Our analysis is based on the Citizen Political Ambition Study—our national survey of nearly 3,800 individuals in the four professions that most frequently precede a career in politics. We find that a general sense of efficacy as a candidate, as well as a politicized upbringing, motivate well-situated potential candidates' inclinations to run for office. Alternatively, status as a member of a group historically excluded from politics depresses the likelihood of considering a candidacy. These findings shed light not only on the prospects for political representation and democratic legitimacy in the United States, but also the means by which to study candidate emergence and conceptualize political ambition.     

AN EVALUATION OF SUPERVISED ACCESS II

Two studies examined reactions of family members to supervised access (SA) services. In Study 1, 121 users of SA services were interviewed about their satisfaction. A subsample was interviewed about family relationships and children's well-being, at Time 1 and 5 months later. In Study 2, 29 children attending SA services were interviewed. Results showed that both custodial and noncustodial parents were very satisfied with the centers. There was no evidence that relationships between ex-spouses or their attitudes toward one another improved over a 5-month period. Children attending centers showed a high level of externalizing symptomatology. Children were positive about their experiences, although older children felt that the centers were not well equipped for their age group. Although the aim of centers is to provide a safe place for children, some children still experience emotionally disturbing events. Most children had little understanding about why they were attending centers.