在思想政治工作中注重人文关怀和心理疏导的思考

胡锦涛总书记在党的十七大报告中强调指出：“加强和改进思想政治工作，注重人文关怀和心理疏导，用正确方式处理人际关系。”这一精辟而深邃的论述，深刻揭示了新时期思想政治工作的内在规律，赋予了思想政治工作以人为本的理念和与时俱进的创新品质，极大地丰富了我们党的思想政治工作的内涵，为我们如何加强和改进社会转型期的思想政治工作提供了根本遵循和明确方向，具有重大理论和现实意义。本文从提高思想认识、梳理当前存在的主要问题、提出相应对策三个方面做些微探，以期为深入学习贯彻胡总书记这一重要讲话精神，取得加强和改进思想政治工作的新成效，起到“抛砖引玉”作用。     

Psychological models of mental disorder, human rights, and compulsory mental health care in the community

Recent amendments to the 1983 Mental Health Act in the UK (Mental Health Act 2007) include the controversial provision for: “supervised treatment in the community for suitable patients following an initial period of detention and treatment in hospital”. This provision is widespread, and more formal, in other English-speaking jurisdictions. Reviews of the international literature, human rights considerations and the perspective of psychological approaches to mental health care suggest that proposed ‘supervised community treatment orders’ are valuable, lawful, and compatible with the European Convention on Human Rights if certain specific conditions are met. Provisions for ‘supervised community treatment orders’ in the UK should be supported, but with the provisos that: the powers of the Mental Health Act are limited as in Scotland, to persons whose “ability to make decisions about the provision of [care] is significantly impaired”, that each order is time-limited and subject to review by a properly constituted Tribunal, and that the use of such orders should represent a benefit to people in terms of more appropriate treatment, or be a least restrictive alternative, or better preserve the person's private and family life.     

Section 8 orders on the public-private law divide*

While section 9(2) of the Children Act 1989 prevents a Local Authority from applying for a child arrangements order directly, a case file study of residence and contact orders made in 2011 found that a significant number of applications for residence orders in the County Court were supported and sometimes even instigated by local authority children’s services (Harding & Newnham, 2015). The findings of the study demonstrate that residence orders often formed part of solutions offered to the family and can even operate as an alternative to formal public law remedies in situations where the parents are no longer able to provide care, and grandparents or other relatives take over. In these ‘hybrid cases’ private law orders are used to resolve situations on the fringes of public law action and, in some cases, divert cases from voluntary accommodation or formal care proceedings. This article raises questions about whether cases are being diverted to private law remedies in an appropriate manner and argues that closer scrutiny of the practice is required to ensure that the rights of parents, children and kinship carers are appropriately respected.     

An Ecological Study of Nonresidential Services for Battered Women Within a Comprehensive Community Protocol for Domestic Violence

This paper is an ecological study of services provided to 392 battered women under a comprehensive domestic violence protocol. It focuses on microsystemic interactions between battered women and battered women's services and legal systems. We examine the relationships between women's receipt of services from a battered women's agency, receipt of protective orders, and completion of prosecution of batterers. We also explore the associations between women's receipt of services and protective orders and their partners' subsequent arrests and police contacts. We use open-ended interviews with battered women and with staff of the battered women's agency to expand and illustrate the quantitative data. The analysis shows that when a woman received battered women's services or had a protective order, a completed court case was more likely and numbers of arrests rose. We found that these associations were strongest when women received both battered women's services and at least one protective order.     

“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.     

Personalizing solidarity? The role of self-tracking in health insurance pricing

Can data-driven innovations, working across an internet of connected things, personalize health insurance prices? The emergence of self-tracking technologies and their adoption and promotion in health insurance products has been characterized as a threat to solidaristic models of healthcare provision. If individual behaviour rather than group membership were to become the basis of risk assessment, the social, economic and political consequences would be far-reaching. It would disrupt the distributive, solidaristic character that is expressed within all health insurance schemes, even in those nominally designated as private or commercial. Personalized risk pricing is at odds with the infrastructures that presently define, regulate and deliver health insurance. Self-tracking can be readily imagined as an element in an ongoing bio-political redistribution of the burden of responsibility from the state to citizens but it is not clear that such a scenario could be delivered within existing individual private health insurance operational and regulatory infrastructures. In what can be gleaned from publicly available sources discussing pricing experience in the individual markets established by the Patient Protection and Affordable Care Act 2010 (ACA), widely known as ‘Obamacare’, it appears unlikely that it can provide the means to personalize price. Using the case of Oscar Health, a technology driven start-up trading in the ACA marketplaces, I explore the concepts, politics and infrastructures at work in health insurance markets.     

论父母责任的构造--对父母责任制度的反思与重构

父母责任的构造 ,指父母责任的构成要素以及各要素之间的相互关系。其以主观性价值———保护未成年子女的利益与父母自由权 ,与客观性价值———损害填补与预防损害 ,两者的统一 ,以及合理的归责原则———过失责任原则构成价值要素 ,将责任严格建立在父母违反事实存在的监督义务基础之上 ,在未成年子女致人损害行为客观存在并造成他人损害时 ,父母作为整体就自己的过失负责。我国现行立法、《草案》、及学者《建议稿》等理论学说强调对损害的填补 ,着眼于父母子女关系而采严格责任原则 ,其合理性值得反思 ,逻辑上也存在矛盾 ,父母责任制度势必要求整体重构。     

养老护理员劳动权益的法律保障研究

随着人口老龄化程度的日益加深,我国对于专业性老年护理的需求也逐渐增加。目前由于我国养老护理行业存在工资福利和劳动付出不对等、缺乏职业培训和发展规划、维权渠道不畅通等问题,愿意从事养老护理的劳动力相对较少,从业人员专业素质偏低,难以满足老年人对于养老服务的实际需求。涉及的诸多因素中,最主要的原因在于现有法律法规未能适应现行养老服务业发展的需要,因此国家有必要设计和制定出符合养老护理员职业特点的法律规范,从法律层面为养老护理员提供劳动权益保障。