The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts

According to German family law, in family court proceedings that deal with custody or access rights, family judges are obligated to personally hear the child if the feelings, ties, or will of the child are significant for the decision. In a research study commissioned by the Federal Ministry of Justice, a nationwide representative survey of all judges compiled their personal information and their attitudes and expectations as well as various parameters regarding the concrete practice of hearing children. Also, with a very complex methodological design, over 50 children and their parents were studied one week in advance of the hearing, directly before and after the hearing, and four weeks following the hearing. The results of the study are presented, particularly those pertaining to the burden and relief for the children and the expectations of judges. The practical experiences of family judges in personally hearing children are included as well.     

A Randomized Comparative Effectiveness Trial of Two Court‐Connected Programs for High‐Conflict Families

Parents who experience great amounts of legal conflict as they dissolve their relationship and arrive at their parenting arrangements require an outsize proportion of courts’ time and resources. Additionally, there is overwhelming evidence that conflict has a deleterious effect on their children. We partnered with the family court to conduct a study comparing the effectiveness of two programs for families deemed by their judge to be high conflict and thereby mandated to a program. Both involved one 3‐hour session; the existing program, Parent Conflict Resolution (PCR), used exhortational lecture and video; the newly designed experimental program, Family Transitions Guide (FTG), based on motivational interviewing, employed exercises attempting to get parents to decide for themselves what they needed to do for the sake of their children. Parents were assigned at random to one of the two programs (the literature often terms this a randomized clinical trial) and were interviewed just before it began and 9 months later, as was a child. Results showed that child's report of their own well‐being was significantly improved by FTG as compared to PCR and that these effects were mediated by children feeling less caught in the middle. On several variables, parent report showed that parents in PCR as compared to FTG felt decreased problems in co‐parenting and less interparental conflict, although the effects were not consistent across mother and father report. There was also evidence of diminished legal conflict over 9 months in FTG as compared to PCR.     

国际刑事法院侦查程序初探

百年来,为惩治战犯、实现和平,国际社会成立了五大国际刑事法院,构建了新的法律体系。作为完整的诉讼机构,国际刑事法院设置了国际检察官与案件调查制度,产生了新型的国际侦查程序。国际侦查程序主要包括调查的启动、调查的实施、结果的处分、程序的监督等方面内容。探析国际刑事法院侦查程序对于完善国际刑事法理论与实践具有重大意义。     

建立国际统一的管辖权和判决承认与执行制度--海牙《选择法院协议公约》述评

海牙国际私法会议于2005年6月所通过的<选择法院协议公约>系迄今为止国际社会在法院管辖权和外国法院判决承认和执行方面意义最为深远的一个公约.本文首先介绍了本文公约产生的背景以及公约的结构.之后,作者就公约中关于统一管辖权的规定进行了较为详细的评述被选择法院行使管辖权的权利和应该行使管辖权的义务、未被选择法院不行使管辖权的义务以及临时保护措施不受公约约束的例外规定.关于公约中所规定的外国法院判决的承认与执行制度作者从六个方面进行了探讨承认与执行外国判决的一般义务、承认与执行外国判决的例外情形、不审查与事实认定、先决问题、损害赔偿问题以及承认和执行外国判决的法律适用问题.     

Toward Better Outcomes for Families Through Innovative Dispute Resolution Programs in England

This article explores and shares the learning from two of Cafcass’ innovative dispute resolution pilot programs. The programs aim to improve outcomes for families against the backdrop of rising private law demand in England, while keeping the child at the center. The Positive co‐Parenting Programme pilot provides a structured intervention to reduce conflict and promote timely resolution for children and families in complex cases. The Support with Making Child Arrangements pilot explores whether the provision of a package of support to parents ahead of the first court hearing can help them come to safe agreements about their children without the need for court intervention.     

Predictors of Initial Court Agreement and 1‐Year Relitigation in Title IV‐D Contested Paternity Cases

We examined potential predictors of initial court agreement and 1‐year relitigation in a sample of contested paternity cases involving unmarried parents coming to court to establish paternity, child support, and other issues. Cases participated in an RCT of a parent program and of a waiting period between establishment of paternity and court hearing. We controlled for RCT study factors and used baseline assessment data to predict likelihood of reaching full agreement in the initial court hearing and relitigation in the following year. Findings suggest that cases in which parents get along better outside of court are more likely to reach agreement and less likely to return to court. Additionally, particular parent demographics predict lower likelihood of reaching initial agreement (e.g., parents are non‐White, father earns below $10,000 yearly), more relitigation (e.g., parents are non‐White, mother earns above $10,000 yearly, father has children with others), and less relitigation (e.g., father earns above $10,000 yearly). Child demographics and most parent relationship characteristics did not predict outcomes. We discuss findings and offer suggestions for court interventions.     

韩国宪法法院变形判决制度的形成与发展

宪法法院成立之后,韩国宪法审查制度才真正获取了生命力。这一方面归功于韩国宪政建设环境的改善,另一方面则应归功于宪法法院积极主动履行职责。变形判决制度即是韩国宪法法院汲取德国经验而作的创造性变革。变形判决是相对于原形判决而言的概念。韩国《宪法法院法》规定的“违宪”或“合宪”的判决形式可称之为原形判决;宪法法院在宪法审判实践中逐渐形成的“宪法不合致”判决、“限定合宪”和“限定违宪”判决可称为变形判决。变形判决是针对复杂多样的宪法审判对象而发展出来判决形式,适应了宪法审判的实效需求,展示了一条法律问题技术化的路径。     

新加坡少年司法制度刍议

经过60多年的发展,新加坡已建立起以儿童福利为导向的少年司法制度。在借鉴普通法系国家少年司法立法与实践的基础上,新加坡少年司法逐步形成了具有本土特色的体系与结构,并在未成年人保护与未成年人犯罪矫正上发挥着愈来愈重要的作用。其某些做法可为我国时下的少年司法改革提供一些难得的域外借鉴素材。     

重塑比例过失原则：《最高人民法院关于审理船舶碰撞纠纷案件若干问题的规定》评述

就《最高人民法院关于审理船舶碰撞纠纷案件若干问题的规定》所涉及的一些问题进行评述,包括船舶碰撞纠纷案件适用的准据法、比例过失原则、责任主体等,指出该规定重塑了比例过失原则,发展了中国船舶碰撞法,澄清了审判实践中的一些长期未决的问题。     

未成年人刑事案件法庭教育之界定

科学界定法庭教育的概念和属性,全面揭示法庭教育制度的属性和功能定位,是解决当前有关法庭教育制度诸多争议的基本前提和重要途径。法庭教育是衔接公安机关、检察机关和刑罚执行机关教育、矫正环节的重要“桥梁”,是贯穿于审判全过程的教育,是突出被告人主体性的价值教育,是强制性和干预性的特殊社会教育,是与审前社会调查、心理辅导、亲情感化、合适成年人参与、营造适当教育情境等程序保护措施相辅相成的司法活动。