试论《禁止使用童工规定》第十一条之不足--兼谈国务院的行政立法权

2002年12月1日开始施行的<禁止使用童工规定>,是国务院在总结1991年4月15日发布的<禁止使用童工规定>的基础上根据非法使用童工的实际状况修订而成.它的修订颁行,必将在保护不满16周岁的未成年人的合法权益,建立正常的劳动管理秩序,加强劳动行政执法等方面发挥重要作用.但它也存在一些不足,尤其是其第十一条所规定的部分内容有探讨、完善之必要.     

Children’s Susceptibility to Misidentifying a Familiar Bystander From a Lineup: When Younger is Better

Children from 5 to 12 years of age (N=779) were shown a videotape where a preschool teacher has money stolen from her wallet. Children were shown a lineup, and for children in the bystander condition, the lineup contained a familiar bystander without the thief. Children in the control condition viewed the same lineup but they had not seen the bystander in the videotape. Among the 11–12-year olds, participants in the bystander condition were significantly more likely than control participants to misidentify the familiar bystander. This effect was not found in children from 5 to 10 years of age. When children in the control condition were shown a lineup that contained the thief without the bystander, the 11–12-year olds were significantly more likely than the younger children to correctly identify the thief. These findings demonstrate that age can both increase and decrease the accuracy of children’s lineup identification accuracy depending on the task at hand and the content of a lineup.     

市场呼唤面向社会服务的司法鉴定机构——对148起物证技术鉴定案件的总结

司法鉴定是服务于审判活动的科学实证活动 ,司法鉴定进入诉讼领域 ,实际上就是科学进入司法工作。我国现行的司法鉴定体制已经暴露出诸多弊端 ,这种现状与当前提出的以司法公正为核心 ,以司法公开为重点的司法改革目标直接相违背。公正与效率是 2 1世纪司法改革的主旋律 ,司法部决定创建新的司法鉴定制度 ,并对原有鉴定体制进行整合 ,其中心工作就是强化面向社会服务的司法鉴定 ,使其成为创建有中国特色司法鉴定制度的突破点。     

Von einem liberalen zu einem post‐liberalen Wohlfahrtsstaat: der Wandel der gewerkschaftlichen Sozialpolitik in der Schweiz

The article reconstructs the development of the Swiss welfare state against the background of the transformation of trade unions' social policy activities. It detects a sequence of trade unions' activities in social policy which runs uniformly to the development of the welfare state. While in the liberal phase of the Swiss welfare state trade unions were sceptical of national social policy and preferred mutual insurance and collective bargaining, in its post‐liberal phase they have become proponents of national social policy legislation.     

The effectiveness of an ICWA Court at achieving improved ICWA implementation and outcomes: A pre-post intervention study

This article presents findings from a quasi-experimental study of the St. Louis County (Duluth, Minnesota) ICWA Court examining its effectiveness at achieving improved ICWA implementation and a better case process and outcomes for Indian families. Using a case file review method, cases prior to implementing the ICWA Court were compared to post-ICWA Court cases on demographics, case characteristics, application of ICWA requirements, presence of parties at hearings, achievement of child permanency outcomes, and permanency timeliness. Compared to pre-ICWA Court, this study found several statistically significant improvements in the ICWA Court's handling of cases, including taking less time to confirm the case as an ICWA case, greater appearance of tribal representatives by the Dispositional review hearing stage, more active efforts findings, more placements with relatives at earlier stages of the case, more placement with relative outcomes when reunifications were not possible, and timelier permanency.     

African American Child Discipline: Differences Between Mothers and Fathers

Child rearing methods used in African American homes have been the subject of much commentary among social scientists, child welfare, and legal personnel. Much of the deliberation has centered on firm disciplinary techniques used by African American mothers. However, few studies have included the perspectives of African American fathers. This study investigated the differences between African American mothers' and fathers' responses in relation to child misbehavior. Several significant differences were found with mothers utilizing more intense disciplinary methods than African American fathers. Results of this investigation underscored the importance of obtaining the viewpoints of African American fathers as well as mothers in understanding parenting in African American homes.     

Understanding Pathways to Family Dispute Resolution and Justice Reforms: Ontario Court File Analysis & Survey of Professionals

This article reports on two related studies about varying pathways to the resolution of family disputes and the effects of family justice reforms in Ontario: a survey of family court professionals (n = 118) and an analysis of 1,000 closed court files of family cases involving children. Both studies reveal that the vast majority of cases are resolved without a trial, often by negotiation. While professionals generally support family justice reform initiatives, there remain significant gaps in the implementation of these strategies. For example, many litigants do not attend information programs despite the requirement for mandatory attendance; there is limited use of mediation; the views of children are being sought in only a small number of cases; and there is a large proportion of self‐represented family litigants. Despite the increase in shared care and joint decision‐making arrangements, a majority of cases in the court file study were sole custody arrangements to the mother, whether the case was settled or resolved by trial. Mediation was associated with greater time of contact with the non–primary residential parent (usually the father).     

Play by the Rules: why States Should Adopt Uniform Court Rules for Forensic Psychologists in Child Custody Evaluations

It is not uncommon for children to fall victim to the stress and tension of a contentious custody dispute. If a party seeks a mental health evaluation and the opposing party challenges the results, the child then endures a series of evaluations until a valid report is produced. The court will often remedy this situation by appointing a neutral forensic psychologist to perform the evaluation independent from a previous party‐hired forensic psychologist. 1 This Note proposes that the court instead appoint the forensic psychologist first to conduct an evaluation and draft a report. Only at the judge's discretion may the parties hire a private forensic psychologist to challenge the report. Additionally, states should codify court rules that enumerate standards for forensic psychologists in child custody evaluations. These rules should set forth criteria that shall be required and highlighted throughout each mental health evaluator's report, allowing judges to compare and contrast each evaluation more effectively. This legislation will not only reduce the child's exposure to excessive testing, but will also provide a more efficient way of arriving at a just result.     

“I didn't Know You were Fighting So Hard for me”: Attorneys' Perceptions of Youth Participation in Child Dependency Proceedings

This study examined attorneys' perceptions of youth participation in child dependency proceedings. Surveys and semi‐structured interviews were conducted with attorneys who represent adolescents in child dependency proceedings. Three dimensions of participation were identified: receiving information, providing information, and self‐advocacy. Barriers to youth participation included individual‐level factors, such as the youth or the attorney not wanting the youth to attend, and system‐level factors, such as the scheduling of court hearings, large caseloads, long waits, and cases being adjourned multiple times. Recommendations for enhancing youth participation in child dependency proceedings are presented.     

Comment on Parkinson and Cashmore's (2015) Research and Proposal for Reforming Child Custody Relocation Law: Child Custody Evaluator and Psychological Perspecitve

Parkinson and Cashmore ( 2015 ) described their innovative, qualitative, and longitudinal research program on the experience of Australian families involved in relocation family law litigation. This constructive comment discusses the value and limitations of their main findings. Parkinson and Cashmore's approach is contrasted with the excellent quantitative research on the effects of residential mobility on children of divorce. The author disagrees with Parkinson and Cashmore's position of opposing the use of relocation factors in statute and/or case law so as to not hinder the exercise of judicial discretion any further, but agrees with their integration of the least detrimental alternative concept into a relocation analysis.