后疫情时代下优化营商环境的法治保障与创新——以湖北省为例

后疫情时代下,优化营商环境改革面临着巨大考验,而法治化是保障其得以持续健康发展的必由之路。发展中国特色社会主义经济,完善中国特色社会主义法治体系,推动和扩大改革开放力度,是法治化营商环境的基本要义。湖北作为中部强省,应积极营造独具地方特色的法治化营商环境,为优化营商环境持续赋能。推进优化营商环境法治化改革,必须全面清理相关规范性文件,持续推进行政执法体制改革与"流程再造",强化多元化政企沟通与纠纷解决机制,打造一套科学合理的法治评估体系,为疫后重振和高质量发展提供强有力的法治保障。     

论上诉考核的替代性机制

司法审查形式化的固有缺陷、便宜结案的办案模式及审级制度内在的行政化元素,为当事人通过上诉解决纠纷提供了心理暗示和路径依赖。而上诉考核机制的矫正功能和激励效用极为有限,不能从根本上解决这一问题。对此,可考虑引入上诉考核的替代性机制:一方面,构建相应的基础性保障机制,扩展司法实质性解决纠纷的范围和能力;另一方面,对审级进行功能划分,升格上诉程序品质以及建立诉讼成本分担机制,应更有利于实现纠纷解决的目标。     

Forest Governance in a Changing World: Reconciling Local and Global Values

Abstract

There has been intense international debate on the governance of forests, in particular tropical forests. This has been driven by contrasting pressures from conservation and human rights groups, respectively calling for global values to prevail so as to protect biodiversity and reduce climate change, or for freedom of choice that empowers local people with the right to manage their own forests. Both sides have condemned irresponsible behaviour by forest officials and political actors, and highlighted the harmful impacts of disregard for the law. However, these normative approaches to forest governance have coincided with a fundamental re-examination of the objectives that societies have for their forest resources. The debate is not only about legality, but also about the legitimacy of forest laws and institutions. This review explores the divergence of views on long-term goals for forests and the implications for their governance. It emphasises that the real challenge is to reconcile the management of forests for values that accrue at different spatial and temporal scales. Forest governance needs to adapt, moving away from a framework based upon the neatly defined boundaries beloved of international organisations and treaties, and submitting to a constant process of adaptation and improvisation at a more local scale. The challenge is to find ways to aggregate such approaches into something that recognisably addresses the global values of forests and forest landscapes. Commonwealth countries have a wide range of forest conditions and are innovating with a range of governance options that provide lessons of potentially wide application.     

试论《卫生法学》课程信息化教学改革的新思路

随着现代信息技术的发展,对卫生法学研究和实践的信息化成为改革的必然趋势。在《卫生法学》课程教学工作中,只有拟定科学的教学目标,规范卫生法学信息化的教学内容,采用现代化的教学方法和更合理的考评方式,才能培养出适应新形势下献身国防卫生事业的信息化管理和实践型医学人才。     

Psychometric properties of the inventory of callous-unemotional traits short version (ICU-12) among detained female juvenile offenders and community youths*

The presence of callous-unemotional (CU) traits delineates a subgroup of male youth with severe conduct problems and antisocial behavior. To date however, existing research into these features among females is markedly limited. Drawing on 377 female adolescents (103 selected from forensic settings and 274 selected from school settings) from Portugal, the current study is the first to simultaneously examine the psychometric properties of the 12-item shortened version of the Inventory of Callous-Unemotional Traits (ICU-12) in incarcerated and community female youth. Results provide support for the construct validity and reliability of the ICU-12 among this unique sample. Findings from this study also reveal evidence of convergent and discriminant validity with a number of theoretically relevant constructs (e.g. psychopathic features, aggression, and substance use). Clinical implications for using the ICU-12 with females are discussed.     

The relationship between mental illness and violence in a mentally disordered offender sample: evaluating criminogenic and psychopathological predictors

The importance of mental illness as a risk factor for violence has been debated with significant implications for mental health policy and clinical practice. In offender samples, psychopathology tends to be unrelated to recidivism, although some researchers have noted that this relationship may be dependent upon certain moderating factors. In the present, prospective investigation, psychopathology is examined as predictors of recidivism in 121 provincially sentenced (i.e. less than 2 years) mentally disordered offenders. Results indicated that psychopathological predictors were generally poor predictors of recidivism in univariate and multivariate analyses. Consistent with our hypotheses, age of onset of criminal activity was a significant moderating factor on the relationship between mental illness and recidivism, although results were not in the expected direction for certain classes of mental illness. Results are discussed in the context of a social learning model of crime and in terms of the treatment of mentally disordered offenders.     

Parenting in Families of Low Socioeconomic Status: A Review with Implications for Child Welfare Practice

Families involved in the child welfare system overwhelmingly draw from low socioeconomic (SES) populations. Impoverished children are placed in foster care at disproportionate rates. Addressing this dynamic requires understanding the adaptations low‐income families make when parenting under adversity so that accurate assessments of their needs occur. This article focuses on two aspects of child welfare practice: the evaluation of parenting capacity and service delivery. It examines, in particular, how well current practices and guidelines, as outlined in the literature, fit with more general research on families and parenting in low‐SES environments and offers suggestions for improving practice.     

A study of amnesia in homicide cases and forensic psychiatric experts' examination of such claims

About one third of defendants in homicide cases claim amnesia during the time of their alleged act. Examining the authenticity of claimed amnesia is a special challenge for forensic experts. Because the experts' conclusions have legal implications, it is useful to study the characteristics of defendants who claim amnesia regarding a homicidal act and how forensic experts assess these defendants' claims. The forensic psychiatric reports from 2001 to 2007 on 102 Norwegian defendants charged with homicide were assessed quantitatively with a structured rating form. Due to multiple comparisons p of .003 was chosen. Twenty-six defendants claimed partial and 17 claimed total amnesia. No significant differences in the characteristics of the defendants were found between the partial, total, and no amnesia claiming groups. Claims of partial or total amnesia did not change the procedures and content of the forensic experts' examination. A memory test was applied in only one case. Despite the seriousness of the crime and the difficulty of assessing amnesia, the experts did not apply psychological testing of memory function or appropriate tests of possible malingering. Guidelines or standardized procedures for evaluation of defendants who claim amnesia should be developed. This could eventually contribute to more reliable and valid evaluations by forensic experts and increase the probability of just court outcomes.     

Interpreting perimortem blast trauma from skeletal remains: Complications and considerations

Blast trauma results from highly variable events that can lead to similar effects in the skeleton. Clinical literature, which largely focuses on soft tissue, provides limited efficacy for interpreting fully skeletonized cases. Interpretation of skeletal blast trauma is hampered by the low number of fully skeletonized case studies and experimental replication studies, which mainly use nonhuman proxies. The purpose of this study is to discuss fracture patterns on two individuals from WWII as a means to better understand and identify fracture patterns associated with blast trauma. Existing clinical and anthropological criteria are reviewed and applied to two World War II cases, both presumed to exhibit blast trauma based on historical contexts. These case studies exhibit combinations of complicated and extensive signs of blunt-force and projectile trauma, reflecting the diversity of skeletal trauma resulting from blast-related events. This analysis emphasizes the arguably impossible task of establishing a diagnosis based on the available literature and lack of prior knowledge about specific losses. Ultimately, analysts must consider the totality of skeletal trauma, combining biomechanical theory and relevant clinical and anthropological literature to arrive at useful yet defensible assessments of trauma. However, refined criteria and additional studies are needed to assess complicated trauma from blast-related events in anthropological contexts.     

Environmental technology assessment for enhanced green economy transition in South Africa

Abstract

South Africa has in place policies that promote green economy and sustainable development path. For example, the National Environmental Management Act Principle 3 states that development must be socially, environmentally and economically sustainable. The Environmental Impact Assessment (EIA) practice in South Africa was formalised in 1997 when the first set of EIA regulations were passed. The DEA EIA review report however suggested that the EIA does not contribute adequately to achieving sustainable development. To this end, a framework is outlined to incorporate the key elements of the environmental technology assessment (EnTA) to EIA, consequently strengthening the EIA process for enhancing green economy transition in the context of sustainable development. The method used consists of case studies and survey data. It is established in the article that there is a level of incorporation between some EnTA elements and issues considered in EIA. It is, however, also established that, of the twelve key elements of EnTA, institutional capacity is the least considered in the EIA. Further research is recommended to investigate the extent to which the lack of consideration for institutional capacity relates to the EIA not contributing to sustainable development.