澳大利亚检察机构及检察官的设置与管理

澳大利亚法律体系属于英美法系,各州从20世纪70年代逐渐开始设立独立的检察机构。笔者通过在新南威尔士州检察总署实习培训期间的调研,对澳大利亚检察机构的设置及其职权、检察官的设置及其管理、证人服务机构以及检察机关与其他国家机关的关系作以阐述。     

Russian data retention requirements: Obligation to store the content of communications

This paper presents an analysis of Russian data retention regulations. The most controversial point of the Russian data retention requirements is an obligation to keep the content of communications that is untypical for legislation of European and other countries. These regulations that oblige telecom operators and Internet communication services to store the content of communications should come into force on July 1, 2018.The article describes in detail the main components of the data retention mechanism: the triggers for its application, its scope, exemptions and barriers to its enforcement. Attention is paid to specific principles for implementation of content retention requirements based on the concepts of proportionality, reasonableness and effectiveness.Particular consideration is given to the comparative aspects of the Russian data retention legislation and those applying in different countries (mainly EU member states). The article focuses on the differences between the Russian and EU approaches to the question of how to strike a balance between public security interests and privacy. While the EU model of data retention is developing in the context of profound disputes on human rights protection, the Russian model is mostly concentrated on security interests and addresses mainly economic, technological aspects of its implementation.The paper stresses that a range of factors (legal, economic and technological) needs to be taken into account for developing an optimal data retention system. Human rights guarantees play the key role in legitimization of such intrusive measures as data retention. Great attention should be paid to the procedures, precise definitions, specification of entitled authorities and the grounds for access to data, providing legal immunities and privileges, etc. Only this extensive range of legal guarantees can balance intervention effect of state surveillance and justify data retention practices.     

Revisiting country of origin principle: Challenges related to regulating e-commerce in the European Union

The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number of both explicit and implicit restrictions which render its practical application a serious challenge. The difficulty is posed by the fact that the Electronic Commerce Directive fails to expressly specify both the scope of harmonisation as regards the principle, and the level of harmonisation of the directive itself. Furthermore, it is understood differently by private international lawyers. In the eDate Advertising case the ECJ ruled that the principle is not a conflict-of-laws rule, neither does it require implementation to the national legal systems in this shape. This is not to mean, however, that the debate over the function of the country of origin principle in private international law is over. Last but not least, there are many different types of country of origin principles applicable to various types of services provided via the Internet. This multitude of country of origin principles is perhaps the greatest weakness the regulatory approach adopted by the European lawmaker.     

Conclusion: international best practices

ABSTRACT

Three approaches presented at the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices offered the possibility of overcoming the limitations identified in the preceding papers in this special issue. A human rights framework, trauma-informed practice and integrated services taking a whole-of-family approach can all help to achieve cultural change in contact proceedings and to ensure the availability of the resources needed to address the issue of domestic abuse holistically. Four Australian initiatives are described as examples of trauma-informed practice and integrated services: Legally Assisted Family Dispute Resolution (LAFDR), the Family Safety Model (FSM), the Family Violence Courts Division of the Victorian Magistrates Court (FVCD), and the Family Advocacy and Support Service (FASS). FSM and LAFDR are out-of-court initiatives which aim to address a family’s abuse-related needs before they get to a court. The FVCD and FASS pick up families whose cases have entered the court system, and at that stage attempt to offer a wrap-around service which addresses both legal and non-legal needs. Lastly, the article describes the European human rights framework, which is designed to operate in cases which are ultimately adjudicated by a court.     

Older adults in secure mental health care: health,social wellbeing and security needs measured with HoNOS-secure across different age groups

The number of older offenders is rapidly increasing in the United Kingdom and some older adults with mental health issues are referred to secure care services. It is therefore important to understand their unique characteristics in order to develop services based on their individual needs rather than chronological age. This study explored wellbeing and security needs of younger and older patients admitted to a secure psychiatric hospital. HoNOS-secure assessment at admission and discharge was extracted and used to build an anonymous data-set. Group comparison and score change during admission were conducted for six age groups: 18–24, 25–34, 35–44, 45–54, 55–64 and 65+. Younger patients improved on most measures whereas older patients aged 55–65+ showed little improvement or deterioration over time. This finding suggests that the subscales are sensitive to age difference although the needs measured by HoNOS-secure are less likely to inform the decision to discharge.     

Psychometric Properties of the Trauma and Post-Trauma Well-Being Assessment Domains of the North Carolina Family Assessment Scale for General and Reunification Services (NCFAS G+R)

Two new domains of the NCFAS-G+R, trauma and post-trauma well-being, were tested for reliability and validity in relation to previous NCFAS-G+R domains. Three family preservation programs provided case level data on 170 in-home service families over six months. Domains were tested for reliability using Cronbach's alpha, factor structure was explored, and convergent validity was examined through correlations of new scale items with domain ratings on the NCFAS-G+R. Assessment ratings were cross tabulated with practice and outcome variables. Reliability of the new domains was established with Cronbach's alphas of .811 and .905, respectively, factor structure was confirmed, new scale items and domains correlated predictably and significantly with other NCFAS domains. Outcome variables were influenced by trauma assessment ratings. Displaying good psychometric properties, the trauma-focused assessment domains hold promise for assisting child welfare practitioners assess trauma symptomology, and post-trauma well-being following services.     

Supports for Families Affected by Substance Abuse

Using an in-home services program model, Project Connect works collaboratively with the child welfare system, substance abuse treatment providers, the courts, and other community agencies to support parental recovery, enhance safety and permanency, and strengthen family relationships. Results from the most recent evaluation of the program, which used a dosage level design to examine project outcomes for 415 families, are presented here. Data indicate that the program was particularly helpful in strengthening parenting capacity. Child safety and permanency were also positively correlated with program participation.     

Sweet dreams are made of this: The need for narrowly tailored statutory protection for documented dreamers

The growing backlog of immigrant visa petitions and legal permanent resident adjustment applications is a harsh reality of the American dream. Dependent children of immigrants can wait decades for their parents' visas to become current, only to age out of dependent status before stepping foot on American soil. Dependent children of nonimmigrants seeking to become legal permanent residents age out before their parents' adjustment application is approved – leaving them at risk of removal. This Note proposes a temporary visa status for these dependents, allowing them to maintain legal status in America and remain with their parents.     

政府购买养老服务的公共政策分析

养老服务供需矛盾推动了养老模式的变革,政府购买养老服务实现了治理理念和服务模式的创新。政府购买养老服务政策要实现预期效果,离不开公共财政的投入、社会各方的支持,需要养老服务市场的培育、非政府组织的发展,也需要老人及其家庭转变养老服务消费观念。