当前诊所法律教育的中国问题和出路

十年前,发端于美国的诊所法律教育引入中国.但是,它遇到了如下中国问题:现行教师评价机制不利于诊所教师的发展;法学专业培养体制和就业问题影响了学生对诊所课程的兴趣;目前的司法政策削弱了诊所法律教育的效果等等.为使中国诊所法律教育健康发展,应将诊所教师与其他教师区别对待,构建独立的诊所教师评价机制;改革法学教育体制,强化法...     

Psychological adjustment in a forensic sample: relationship with approach- and avoidance-coping typologies

Most studies that relate coping strategies with psychological symptoms usually consider a single coping dimension. This means that interpretation of the results is unclear and only partially true as subjects activate different types of coping strategies simultaneously when faced with a stressor. The objective of the present study is to analyze the relationships between coping and psychopathology in young inmates, taking into account the number of approach and avoidance answers simultaneously. The results show that the inmates with above-average scores in avoidance coping and below average in those of approach (coping responses inventory--adult form, [CRI-A]) show higher symptomatology (MMPI-2) than the inmates who obtain above-average scores in both avoidance and approach strategies. It can be deduced that it is not the high use of avoidance coping that is related to psychopathology, but rather the combined use of many avoidance strategies and few approach strategies. The convenience of jointly taking into account both types of coping is discussed.     

“蚁族”思想政治教育探析

所谓“蚁族”,是指高校毕业生低收入聚居群体。当前,大学生就业形势日趋严峻,许多大学生宁愿做“蚁族”,在大城市过着艰苦生活也不愿到中西部或回乡就业。由于各种社会原因,“蚁族”的思想政治教育现状不太令人乐观。积极探索“蚁族”思想政治教育的新形势、新内容和新途径,对于“蚁族”的健康成长和社会和谐具有重大的理论指导和现实意义。     

生态文明视角下的社区建设探究——以中国石化管道公司徐州基地社区建设为例

全球性的生态危机日益严重是我国生态文明建设提出的时代背景,构建生态社区是推进生态文明建设的一项重要而基础性的工作。以中国石化管道公司徐州基地社区建设的实践经验为例,生态社区建设必须保护生态环境、普及生态文明观念、推广生态文明行为,构建生态宜居社区、可持续发展社区,营造全民共享社区。     

The effect of mark enhancement techniques on the presumptive and confirmatory tests for blood

An investigation into the effects of physical and chemical enhancement on subsequent presumptive and confirmatory tests for human blood is presented. Human blood was deposited onto porous (white 80 gsm paper and brown envelope) and non-porous (tile and linoleum) substrates in a depletion series (30 depletions on non-porous and 20 on porous) and subjected to three ageing periods; 1, 7 and 28?days. A number of enhancement techniques were tested [fluorescence, black magnetic powder (BMP), iron-oxide black powder suspension (PS), cyanoacrylate (CA) fuming, acid violet 17 (AV17), acid yellow 7 (AY7), ninhydrin, DFO and Bluestar Forensic Magnum (BFM) luminol] to evaluate their potential effects on subsequent presumptive and confirmatory tests. AV17 and Bluestar provided the best enhancement and fully enhanced all depletions in the series. The sensitivity of the Kastle-Meyer (KM) (presumptive), Takayama and RSID-Blood tests (confirmatory) was initially investigated to determine the range of detectable depletions. The KM test detected all depletions, whereas the Takayama test detected up to depletion 6 and RSID-Blood detected up to depletion 20 (paper), 10 (envelope), 15 (tile) and 9 (lino). The abilities of these tests to detect blood after enhancement were then observed.A number of techniques resulted in little to no effect on any of the blood tests, whereas adverse effects were observed for others. Ninhydrin and CA fuming caused weak but instantaneous positive KM results whereas methanol-based AV17 and AY7 delayed the reaction by as much as 1?min. The Takayama test was not very sensitive, therefore, its performance was easily affected by enhancement and negative results were often observed. RSID-Blood tests were largely unaffected by chemical enhancement although a drop in positive results was observed for some of the techniques when compared to positive controls.Using a standard procedure for DNA extraction, all the tested blood samples (before and after enhancement) gave a detectable quantity of DNA and were successfully profiled. Out of the 45 samples processed for DNA profiling, 41 gave full profiles, while the remaining showed allele drop out in one or two loci.     

“Regulation,I presume?” said the robot – Towards an iterative regulatory process for robot governance

This article envisions an iterative regulatory process for robot governance. In the article, we argue that what lacks in robot governance is actually a backstep mechanism that can coordinate and align robot and regulatory developers. In order to solve that problem, we present a theoretical model that represents a step forward in the coordination and alignment of robot and regulatory development. Our work builds on previous literature, and explores modes of alignment and iteration towards greater closeness in the nexus between research and development (R&D) and regulatory appraisal and channeling of robotics’ development. To illustrate practical challenges and solutions, we explore different examples of (related) types of communication processes between robot developers and regulatory bodies. These examples help illuminate the lack of formalization of the policymaking process, and the loss of time and resources that the waste of knowledge generated for future robot governance instruments implies. We argue that initiatives that fail to formalize the communication process between different actors and that propose the mere creation of coordinating agencies risk being seriously ineffective. We propose an iterative regulatory process for robot governance, which combines the use of an ex ante robot impact assessment for legal/ethical appraisal, and evaluation settings as data generators, and an ex post legislative evaluation instrument that eases the revision, modification and update of the normative instrument. In all, the model breathes the concept of creating dynamic evidence-based policies that can serve as temporary benchmark for future and/or new uses or robot developments. Our contribution seeks to provide a thoughtful proposal that avoids the current mismatch between existing governmental approaches and what is needed for effective ethical/legal oversight, in the hope that this will inform the policy debate and set the scene for further research.     

Achieving zero hunger: implementing a human rights approach to food security in Ethiopia

A human rights approach to food security seeks to empower vulnerable groups to claim their rights. It also reinforces a government’s obligations to respect, protect and fulfil the right to food. Furthermore, it encourages the integration of the right to food into the design and implementation of food security policies. This article examines the human rights approach to food security, with specific reference to Ethiopia. It assesses the historical causes of Ethiopia’s food insecurity, and examines the legislative and policy measures that the country has adopted over the last three decades in order to achieve food security. Food insecurity in the country is largely explained by the absence of government accountability. In 1973 and 1984, the hunger caused by drought was transitioned to famine not because of overall unavailability of food in the country, but because the government failed to provide food aid to the starved people and concealed the occurrence of famines from the international donors. Despite designing some food security policies over the last three decades, the country has not yet adopted sufficient legislative and judicial measures to enforce the right to food. This article argues that Ethiopia should introduce a framework law on the right to food to end hunger in the context of achieving national food security.     

Using context and difference in sex offender treatment: An integrated systemic approach

Summary

The primary objective of this paper is to promote a re-examination of the current use of cognitive-behavioural programmes in work with men who have sexually offended against children or adults and to encourage the application of ideas from the systemic field. In order to support this objective, the paper puts forward and develops the following arguments:

1. That the current content of manualised programmes in this field has been distilled too far and left behind some of the most important principles of the cognitive approach. Returning to the work of Marshall et al (1999), the need for a thorough and broad-based assessment of each individual prior to deciding treatment goals is clearly recommended. Further, there is a need to pay much more attention to differences between, as well as similarities of those who sexually offend.

2. That ideas from within the systemic therapeutic field be integrated within existing approaches to attempt to address some of the limitations of cognitive-behaviour therapy as currently employed. Evidence for the potential benefits of this comes from a broad personal experience of working directly with offenders and consulting to group facilitators.

It is concluded that all therapeutic approaches reach a ‘moment of integration’ (Pinsof, 1994), when their failures are recognised and other approaches are drawn on. It is suggested that this moment may be upon us in this area.     

Poly-Victimization as a Life Condition: Correlates of Poly-Victimization among Finnish Children

According to criminological literature, victimization tends to cluster among the same adolescents. Recent American studies have shown that the poly-victimized youth are different in terms of their whole victimization profile than those children with fewer or no victimization experiences. In this article poly-victimization is studied among Finnish sixth and ninth graders (n = 13,459) based on the Finnish Child Victim Survey 2008. The article will answer questions with regard to accumulation of victimization and its associations with children's psycho-social well-being. The study examines the individual and family level background characteristics which are related to poly-victimization. The accumulations of these risk factors are analysed with poly-victimized children compared with less or non-victimized children. According to the analysis, poly-victimization exists among Finnish children and adolescents. In addition, the characteristics indicated as risk factors of victimization seem to accumulate among poly-victims. With cross-sectional data, no causal conclusions can be made, but poly-victimization is related to higher levels of psycho-social problems. The results confirm earlier findings of poly-victimization as a life condition.     

Fragile States: A Donor-serving Concept? Issues with Interpretations of Fragile Statehood in Afghanistan

Abstract

The paradox of attempting to (re)construct state institutions without considering the socio-political cohesion of societies recurs throughout the world, most notably today in the Middle East, Africa and the Balkans. This essay tries to shed some light on the debate around the concepts of state and nation-building. Drawing on a sociological understanding of the modern nation-state, it contends that it is impossible to conceive of statebuilding as a process separate from nation-building. This essay identifies two different schools of thought in the discussion concerning the statebuilding process, each of which reflects different sociological understandings of the state. The first one, an ‘institutional approach’ closely related to the Weberian conception of the state, focuses on the importance of institutional reconstruction and postulates that statebuilding activities do not necessarily require a concomitant nation-building effort. The second, a ‘legitimacy approach’ influenced by Durkheimian sociology, recognizes the need to consolidate central state institutions, but puts more emphasis on the importance of socio-political cohesion in the process. Building on this second approach and demonstrating its relevance in contemporary statebuilding, this article concludes with a discussion of recent statebuilding attempts and the ways external actors can effectively contribute to statebuilding processes.