无民事行为能力人离婚问题的探讨

无民事行为能力人因不能自主地表达意愿而使其离婚问题显出特殊性。根据目前我国法律规定,无民事行为能力人的法定代理人、监护人囿于离婚意思表示的人身属性,都不能代理无民事行为能力人作出离婚的意思表示或作为离婚诉讼的原告。现行法律规定的调解也不能说明无民事行为能力人的法定代理人能作为离婚诉讼的原告,代其作出离婚的意思表示。我国法律应该设立一种特别程序来解决无民事行为能力人的离婚诉讼问题。     

A review of quality procedures in the UK forensic sciences: What can the field of digital forensics learn?

With a reliance on the various forms of forensic science evidence in complex criminal investigations, the measures for ensuring its quality are facing increasing scrutiny. Improvements to quality management systems, to ensure both the robust application of scientific principles and the accurate interpretation and reporting of results, have arisen as a consequence of high-profile rebuttals of forensic science evidence, combined with process improvements driven by evaluation of current practice. These improvements are crucial to ensure validity of results as well as providing assurance for all those involved in the Criminal Justice System. This work first examines the quality management systems utilised for the examination and analysis of fingerprint, body fluid and DNA evidence. It then proceeds to highlight an apparent lack of comparable quality assurance mechanisms within the field of digital forensics, one of the newest branches of forensic science. Proposals are provided for the improvement of quality assurance for the digital forensics arena, drawing on the experiences of, and more well-established practices within, other forensic disciplines.     

无权处分行为与无权处分合同--兼析《合同法》第51条

无权处分是一个涉及无权处分人、相对人和财产权利人三层民事关系调整的复杂问题.本文通过具体分析比较物权行为模式和非物权行为模式下无极处分行为的含义及法律效果的不同,得出物权行为模式下的无权处分行为界定及效果更为合理,更利于民法体系内在的和谐,进而建议对无权处分合同效力重新认定,修改<合同法>第51条的规定.     

无身份者与有身份者共同犯罪定性问题研究

关于无身份者与有身份者共同犯罪的定性问题,在我国刑法理论界存在较大的争议。借鉴国外共犯理论,对于该问题的解决,应引入部分犯罪共同说,并区分不同情况分别处理。     

Counting on codes: An examination of transnational codes as a regulatory governance mechanism for nanotechnologies

This article examines the rise of nanotechnology‐specific codes of conduct (nano‐codes) as a private governance mechanism to manage potential risks and promote the technology. It examines their effectiveness as well as their legitimacy as regulatory instruments in the public domain. The study first maps the rise of voluntary nano‐codes and the roles played by different actors. Focusing on five specific nano‐codes, the article then discusses their adequacy in terms of scientific uncertainty, gaps in existing regulatory regimes, and broader societal concerns. It concludes that these voluntary nano‐codes have weaknesses including a lack of explicit standards on which to base independent monitoring, as well as no sanctions for poor compliance. At the same time it also highlights the potential power of these governance mechanisms under conditions of uncertainty and co‐regulation with government. It is likely that nano‐codes will become the “first cut” of a new governance regime for nanotechnologies.     

International lawyers in the aftermath of disasters: inheriting from Radhabinod Pal and Upendra Baxi

Abstract

In the present lives in the postcolony are beset by relentless disasters, generating great suffering and loss. How should an international lawyer conduct herself in response? Resisting the urge to construct these times as entirely unprecedented, this article attempts a response by drawing out the conduct of two ancestral Third World international lawyers responding to disasters in their own time. It reveals how disasters never simply occur but are actively produced by particular modes of conduct deployed by international lawyers. From their conduct we learn how to attend to the tasks of justice and responsibility in the aftermath of disaster by being responsive to the suffering and by recognising the disastrous effects of our action. We also learn how attending to the tasks of inheritance is vital for this.     

浅论政府行为的规范化

政府行为规范化对市场经济发展具有至关重要的意义 ,在经济转型突变时期 ,社会快速变化形成各种各样的矛盾是实现政府行为规范化的难点。实现政府行为规范化要并从深化体制改革、提高理论素养和健全政府法制三个方面着手开展     

Predictors of Child Abuse Potential in At-Risk Adolescents

Characteristics prevalent in known child abusers and in child victims of abuse (i.e., internalizing, externalizing, sociopathy, delinquency, and nonrational conflict-solving tactics) were examined as predictors of abuse potential in adolescents. The Child Abuse Potential (CAP) Inventory (Milner, 1986) was administered to male (n = 71) and female (n = 63) teenagers attending alternative educational sites due to behavioral problems or pregnancy. Regression analyses found unique variance in abuse potential contributed by youth (16%) and teacher (6%) reports of internalizing behavior, and youth reports of sociopathy (4%) and delinquency (4%) for a total of 33% of the variance (p < .0001, n = 91) after controlling for age, sex, and pregnancy status. Number of elevated predictors in each student was also related to increased abuse potential (r = .39, p < .001). Pregnancy status and SES were not independently associated with abuse potential. Conduct disorder as a probable precursor to future abusive behavior is suggested, and the use of the CAP with adolescents is discussed.     

网络空间的后现代知识状况

互联网的崛起,为人类的知识活动形塑了一个以时间和空间压缩为基本特征的全新场域。作为一种新的社会行为方式,网络空间的知识活动呈现出一种明显的后现代特性。主体和客体关系及知识和权力关系的结构性转变,是网络空间知识活动的后现代状况的突出表现。     

论行政代履行第三人

《行政强制法》第50条规定,当事人不履行行政决定时,行政机关可以委托无利害关系的第三人代为履行。代履行仅是行政事务的代实施,而非公权力的代行使,第三人与义务人都是行政决定的履行者。而第三人在代履行实施过程中,往往存在"机会性"、代履行费用难落实、代履行行为致损等问题,因此,必须依法规范代履行行为,切实保障代履行报酬,不断完善代履行行为的损害救济。