香港民事侵权刍议

香港民事侵权分为侵犯和非故意干扰两类,对民事侵权的救济可以是法外的,也可以是经过法庭裁定的。在民事侵权诉讼中的被告,可以提出免责理由为其辩护以达到免除责任的目的。可以对香港地区民事侵权的含义、种类、救济手段以及答辩等法律规定予以借鉴。     

社区工作者与传统居委会干部之专业比较

社区建设的发展和深入 ,关键在于社会工作者的自身建设。本文从六个方面论述了社区工作者与传统居委会干部的不同 ,从而确立了社区工作者的专业角色特征     

Bush: The Sequel

This article examines the likely foreign policy initiatives of the U.S. under the leadership of George W. Bush. The new president has outlined a fairly thorough critique of America's international behavior in the 1990s. Because a leader's public statements arguably serve to persuade various audiences and to build support for policy change, the article takes Bush's words quite seriously—along with those spoken or written by his closest foreign affairs advisors. Bush intends to abandon the so-called Clinton Doctrine and deploy national missile defenses. He is critical of American policies toward China and Russia, but has not presented bold new initiatives toward those powers. Under the rubric of "compassionate conservatism," Bush may alter U.S. relations toward the Global South in some interesting ways. The president and his advisors often purport to be realists, but the article demonstrates that their own words belie this claim as they often justify policies based on ideals rather than the pursuit of power.     

中国共产党人认识真理、改造世界的新成就——江泽民“七一”讲话提出的十大创新问题

江泽民“七·一”讲话是新时代的中国共产党宣言。它从概括党的历史经验、揭示“三个代表”重要思想、解放思想实事求是的科学内涵、研究和把握基本规律的新观念等十个方面阐述了我党在一系列重大理论和实践问题上形成的新认识。     

China’s ‘New Silk Roads’: sub-national regions and networks of global political economy

This paper argues that the Chinese government’s ‘belt and road’ initiative – the Silk Roads vision of land and maritime logistics and communications networks connecting Asia, Europe and Africa – has its roots in sub-national ideas and practices, and that it reflects their elevation to the national level more than the creation of substantially new policy content. Further, the spatial paradigms inherent in the Silk Roads vision reveal the reproduction of capitalist developmental ideas expressed particularly in the form of networks, which themselves have become a feature of contemporary global political economy. In other words, the Silk Roads vision is more of a ‘spatial fix’ than a geopolitical manoeuvre.     

Regulation of armed conflict: critical comparativism

Abstract

This paper calls for comparative analysis of international humanitarian law and Islamic laws regulating armed conflict by focusing on the underlying assumptions and interests informing both systems (rather than on rule-based comparison). It argues that examination of the biases inherent to each legal system can potentially inform scholars to understand better the paradigms shaping each of them. In doing so, the paper builds on contextual and critical interpretations of both fields of law to assert the need for ‘critical comparativism’ rather than functionalist comparativism. Unlike functionalist comparativism, which treats international law as the ‘objective’ benchmark against which other legal traditions are measured, ‘critical comparativism’ treats the two legal systems examined as alternative manifestations of power structures which, when contrasted against each other, help shed more light on the inherent bias in each legal system.     

上、下尖牙髓腔/牙体表面积比值的年龄判定价值研究

目的 通过三维重建测量上、下颌尖牙髓腔/牙体表面积比值(Pulp/Tooth area Ratio,PTR)来推断个体年龄,为临床年龄推断的应用提供科学依据.方法 收集口腔门诊患者年龄在16～65岁200例锥形束CT(Cone beam computed tomography,CBCT)影像资料,以4个尖牙为测量对象并...     

Responding to Severe Parent–Child Rejection Cases Without a Parentectomy: A Blended Sequential Intervention Model and the Role of the Courts

There have been significant developments over the past two decades that have expanded our understanding of the dynamics of parent–child contact problems post‐separation, which have resulted in some changes in judicial processes to respond to these cases. One significant advancement is a more sophisticated differentiation of the nature and severity of contact problems, which better assists legal and mental health professionals to provide more suitable legal and clinical interventions. However, the issue of innovative court processes has received limited attention. The authors describe a subgroup of families within the “severe” category, for whom an expanded intervention model, referred to as a Blended Sequential Intervention is proposed. This approach involves a reversal of care with court mandated therapeutic support for the rejected parent and child, but also involves the favored parent in the therapeutic plan from the outset, and is intended to avoid a permanent “parentectomy” of the child from either parent. The authors discuss how the courts should respond to these cases, and posit that until all therapeutic treatments are exhausted, interim orders should be preferred to final determinations, and judges should maintain oversight. The authors discuss the critical role of judicial leadership in working with lawyers and mental health professionals to manage and address the issues in these high conflict cases.     

The Need for Confidentiality in Evaluative Processes: Arbitration and Med/Arb in Family Law Cases

Arbitration, mediation/arbitration and arbitration/mediation allow parties to resolve their disputes usually more expeditiously, privately and with less cost than going to court. While confidentiality is seen as essential to the mediation process and often included in statutes, confidentiality seems less essential to a more adversarial process. Confidentiality provisions rest at the intersection between privacy and self‐determination and the protection of vulnerable parties in family law disputes. This article explores the importance of confidentiality clauses in drafting arbitration and med/arb or arb/med agreements.     

Parenting Coordination and Confidentiality: A (Not‐so) Delicate Balance

This article describes the current state and range of information protection in the growing number of states and Canadian provinces that employ parenting coordination in an effort to reduce repeat custody litigation. The predominant approach—in which what is revealed during the process is not confidential—is analyzed in terms of its compatibility with the parenting coordinator's multiple tasks of educating parents, seeking to facilitate agreements, and, if necessary, providing the court with a report, a recommended decision, or an arbitrated result. Using a case scenario with multiple parts, the article then examines such confidentiality schemes in practice by providing an action‐oriented series of questions that illustrate how much of this topic must be resolved through a parenting coordinator's exercise of discretion in the absence of rule clarity. The article then raises a number of policy questions about whether current parenting coordination confidentiality norms strike the optimal or even the correct balance on information protection and concludes by identifying several policy options that might address these questions.