论行政法价值取向的生态化

随着社会经济的发展,环境污染问题日益严重,生态危机愈益加剧,我们正处于一个复杂多变的时代。在这样的时代背景下,传统行政法的价值取向在经济基础、政治思想基础及法理基础等方面表现出明显的缺陷。传统行政法价值取向必须进行变革才能适应时代发展的需要,而变革的出路在于实现行政法价值取向的生态化。     

WTO争端解决中的司法克制及其对我国的启示

源于GATT四十多年争端解决实践中的"司法克制"思想,在WTO时代也得以"衣钵继承"并呈现出新的特色.作为GATT /WTO争端解决机制从"外交取向"向"司法取向"演化不可或缺的"重要缓冲"和"润滑剂",它不仅贯穿着GATT /WTO争端解决机制"司法取向"的全过程,而且两者的"博弈共存"对国际贸易争端解决方式不断"机制化"从不同侧面发挥着各自的作用.可以预见,即便WTO争端解决机制演化成国际贸易法院,基于国家主权价值和多边贸易体制的特殊性等原因,"司法克制"思想也绝不会"销声匿迹".我国作为WTO的成员,应从"司法克制"的历史轨迹与现实运作中获得理性启示,籍以善用WTO争端解决机制,为我国的对外贸易保驾护航.     

试析我国政府职能的价值取向

对我国政府职能的价值取向,不同的学者有不同的见解。理论的不同,引起人们思想的混乱。故我们应从政府职能价值观进行反思,并把我国政府职能的价值取向确定为市场政府、法治政府、民主政府和电子政府这四种价值取向的有机结合。     

性骚扰行为的原因分析

当前社会中性骚扰行为的发生率较高,与一般的侵权行为相比,其具有普遍且损害结果严重的特性,不利于我国的社会主义物质文明和精神文明建设.因此研究性骚扰行为发生的原因,了解性骚扰行为的发生规律,从而进一步制定针对性骚扰的防治措施就成了当务之急.性骚扰行为产生的原因错综复杂,但就其主要原因而言,主要包括自然原因、社会原因、文化原因及个体原因四个方面.这四个原因之间是相互关联,相互作用,从而共同导致了性骚扰行为的发生.     

浅论城市管理体制改革

新形势下环境因素、技术要求、社会心理系统以及战略目标等对城市管理有着重要影响和作用。城市管理体制改革的必然取向 ,主要是在职能体系上必须体现出合理性 ,在组织机构的数量上要体现出精简性 ,在操作运用上要体现出弹性原则 ,在信息的收集、整理及运用结构上 ,应该呈现网络化的特点。     

Domestic violence: A national study of the nature, size and effects of domestic violence in the Netherlands

This article reports on a large-scale nation-wide study conducted by Intomart among 1,000 randomly selected Dutch adults (male and female) about their experiences with domestic violence. An important goal of the survey was to generate general information on domestic violence. It turns out that nearly half of the Dutch population (45%) has at one time been a victim of some form of non-incidental domestic violence. It was also demonstrated that both men and women become victims of domestic violence, and the high percentages of victimization during childhood are particularly striking. Furthermore, it turned out that domestic violence often involves a combination of physical, mental and sexual forms of violence.     

The impact of specific battering experiences on the self-esteem of abused women

This study examined the self-esteem of 48 women who were identified as battered and compared them to a group of 48 nonbattered women. As expected, the group of battered women experienced lower self-esteem than the nonbattered women. Four clusters of battering experiences were also identified: Physical Abuse, Emotional/Controlling Abuse, Sexual/Emotional Abuse, and Miscellaneous Abuse. Analyses indicated that Emotional/Controlling abuse was the only abuse cluster that was significantly related to lower self-esteem. The findings suggest that abuse that is controlling in nature might play a significant role in the feelings of powerlessness and hopelessness noted in battered women and may contribute to the difficulty that some battered women have in terminating their abusive relationships.     

Background Levels of Salivary-α-amylase Plus Foreign DNA in Cases of Oral Intercourse: a Female Perspective

Saliva plus DNA from a suspect is commonly encountered in sexual assault cases on bodily swabs. However, without background knowledge, the weight of this evidence is unknown. It may indicate the presence of saliva resulting from cunnilingus, or it may represent indirect transfer. In this study, females who refrained from cunnilingus donated 43 items of underwear and 19 vaginal swabs. The samples were subjected to Phadebas^®, RSID^™-Saliva and mRNA profiling and were subsequently DNA-profiled to determine the prevalence of background saliva in the female population. The results report that 15.8% of females who refrained from cunnilingus were positive for saliva and a further 10.5% also had DNA from unknown source(s). These findings of the rate of indirect transfer were evaluated with the Bayesian approach, and it was found that the evidence of saliva plus a high foreign DNA source adds moderately strong support to the allegation of cunnilingus.     

Applicability of the ParaDNA® Screening System to Seminal Samples

Seminal fluid represents a common biological material recovered from sexual assault crime scenes. Such samples can be prescreened using different techniques to determine cell type and relative amount before submitting for full STR profiling. The ParaDNA^® Screening System is a novel forensic test which identifies the presence of DNA through amplification and detection of two common STR loci (D16S539 and TH01) and the Amelogenin marker. The detection of the Y allele in samples could provide a useful tool in the triage and submission of sexual assault samples by enforcement authorities. Male template material was detected on a range of common sexual assault evidence items including cotton pillow cases, condoms, swab heads and glass surfaces and shows a detection limit of 1 in 1000 dilution of neat semen. These data indicate this technology has the potential to be a useful tool for the detection of male donor DNA in sexual assault casework.