从清末修律的局限性看中国对西方法律的借鉴

190 2～ 1911年间 ,清政府进行修律 ,制订了大批新式法典并由此建立起中国近代的法律体系 ,对后世的立法与司法活动产生了深远的影响。由于当时主客观条件的限制 ,这次变革实质是以资产阶级法律形式掩盖封建法律的内容 ,故存在很多缺陷。文章根据法律移植理论 ,对清末修律的局限性进行了分析 ,并探讨当前我国的法治建设对西方法律的借鉴及对中国传统法律的继承问题。     

Is the Care System Failing Children?

Public care is widely perceived to be failing children, and this belief is at the heart of government proposals set out in the Care Matters white paper. This article argues that on the contrary, research tends to find that children's welfare improves while they are in care. The reasons for the negative perception of care are considered and it is argued that care should be seen as a positive option for children in families experiencing severe difficulties and as a form of family support rather than an alternative option. This would move the United Kingdom toward a more European model for the place of care for children in difficult family situations, rather than an American model which focuses on minimizing the use of public care.     

Expressed‐Interest Legal Representation for Children in Substitute Care: Evaluation of the Impact of Representation on Children's Permanency Outcomes

Based on a combination of administrative data; juvenile court record review; and informed‐participant interviews of juvenile court judges, attorneys, and service providers, the current study examines the impact of the Foster Children's Project (FCP). FCP is a program that provides professional legal representation to children in substitute care. Legal representation by FCP attorneys is found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification is not, however, found to be affected by FCP representation. Implications for juvenile court policy and practice are discussed.

Key Points for the Family Court Community:
• The study is the first of its kind to examine the impact of client‐directed representation in cases of children in foster care through examination of Palm Beach County's Foster Children's Project (FCP), which provides professional legal representation to those in state care.
• FCP representation was found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification, however, remained stable.
• Research findings are based on administrative data; juvenile court record review; and interviews of juvenile court judges, attorneys, and service providers.

     

Cognitive Dissonance in Social Work

Cognitive dissonance is a state of tension occurring when a person holds two psychologically inconsistent cognitions. For this study, 21 social workers who facilitate transracial adoption plans for Aboriginal children in British Columbia were interviewed: 1) Do social workers who facilitate transracial adoption plans for Aboriginal children experience cognitive dissonance? If so, in what ways? 2) How does cognitive dissonance impact them? 3) In what ways do social workers reconcile a sense of dissonance? Findings suggest that social workers do experience cognitive dissonance, that they are adversely impacted, and that they find ways to reconcile the cognitive dissonance.     

Family succession through adoption in the Chosun Dynasty

Using a unique data source of genealogies of upper-status families, called Bulcheonwye families, we assess how the extent of family succession through adoption changed over five centuries from 1450 to 1949 in Korea. Our analysis shows the continued increase in the share of adopted sons among total family successors up to the end of the 19th century when three out of ten family successors were adopted. The trend of the increasing role of adoption is closely related to the declining number of sons per family, suggesting that not only the rising influence of Confucian culture but also demographic changes increased the demand for adoption. Finally, our comparison provides evidence that the likelihood of achieving high social status was significantly higher among adopted sons than biological ones, suggesting that the socioeconomic potential of adopted sons could be an important factor for adoption decision.     

《广告法》如何对植入式广告进行规范

植入式广告受到国内传媒界的热捧,但过多过滥的现状令人堪忧。广告监管部门因担忧无法可依而尚未对植入式广告实施任何监管措施,然其理由值得商榷。植入式广告本质上难脱商业广告性,是我国《广告法》第二条第二款＂广告＂的组成部分,应当适用《广告法》。不仅如此,对植入式广告进行规范也是我国《广告法》立法之应有之意,也即,运用《广告法》对植入式广告进行规范有其价值衡量角度的依据。但是,《广告法》也应同时注意植入式广告所异于传统广告的特殊之处,做进一步的修订或完善。     

弃婴与收养:计划生育与村落生育文化的冲撞与耦合——对1990年代赣南农村计划生育政策运行逻辑的一项微观解读

20世纪末赣南农村涌现的弃婴潮和收养高峰在一定程度上消解了国家计划生育政策的实施绩效。弃婴与收养的潮起潮落,不仅折射出村落生育文化的转变,更裹挟着国家与农民关系的转型意味。在这个意义上,计划生育政策背后所隐藏的实际上是国家与农民关系问题,亦即国家权力该如何与数量众多且又高度分散的小农相对接的问题。由此,国家计划生育目标的实现不仅依赖于政策制度的设计,而且要充分考量政策运行的社会基础。     

The ‘wanted’ children. Experiences of Hungarian children living with Belgian foster families during the interwar period

Transnational adoption and child migration are often regarded as recent phenomena, yet there is a long history of children travelling without their families, settling and integrating in a foreign culture and environment. In the 1920s, thousands of Hungarian children went to Belgium for a six-month holiday within the framework of a humanitarian project. Although they were supposed to return to Hungary after their vacation, some of them stayed indefinitely with their Belgian families. By analyzing oral testimonies of the now elderly ‘children’ about their migration and childhood experiences in Belgium, we explore how they construct and reconstruct concepts such as childhood, vulnerability, and loyalty commitments, and show the crucial importance of maintaining birth family ties for the future development of transnationally adopted children.     

State sponsored large scale technology transfer projects in a developing country context

Technology transfer can be seen as an effective mechanism to advance the flow of technological development in a developing country’s economy. Though normally small-scale technology transfer projects are initiated and managed by private organizations, the large-scale technology transfer projects in a developing country are sponsored by the state itself, given the complexity level of and resource requirements for such projects. The purpose of this paper is to identify and discuss the critical elements of a successful large-scale technology transfer process framework in a developing country context. Four components are highlighted that facilitate a successful large-scale technology transfer process. These are: (i) understanding and selecting technology components; (ii) selecting a technology transfer mode; (iii) negotiating effective process; and (iv) developing capability. Aspects of negotiation and adoption/assimilation capability development are stressed in this paper, which is commonly missed out in conventional technology transfer framework. Accordingly a comprehensive and goal oriented technology transfer framework has been presented in the paper linking all the core elements. A Libyan case study is discussed to illustrate the framework.