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。     

香港建造业关怀基金在维护工人权益中的地位和作用

“建造业关怀基金”是香港建造业惟一的非盈利慈善团体,按香港税务法例第88条注册.它为工业意外的死亡工友家属,提供灾危援助及善后的系列服务,弥补了政府服务的不足及法例的缺失.“建造业关怀基金”的启动,亦引起了工会的深刻反思.如何维护香港法律框架之外,非工伤伤亡工人的权益,是工会所要解决的重要问题之一.     

THE FORGOTTEN BONDS: THE ASSESSMENT AND CONTEMPLATION OF SIBLING ATTACHMENT IN DIVORCE AND PARENTAL SEPARATION

Attachment theory is increasingly being considered when contemplating post‐divorce parenting plans. Historically, there has been a strong emphasis on assessing the strength of the parent‐child bond as well as a child's attachment style. Surprisingly little research has focused on sibling bonds and the implications for post‐divorce parenting plans. This article provides an overview of sibling attachment theory, sibling attachment considerations in foster care decisions, and the limited research examining sibling attachment in divorce and parenting schedules. Several key questions are offered for mental health and legal professionals to consider when factoring sibling relations into post‐separation parenting plans.     

Female juvenile murderers: Biological and psychological dynamics leading to homicide

The increasing involvement of girls under 18 in violent crime has been a matter of growing concern in the United States in recent years. This article reviews the arrests of female juveniles for violent crime and then focuses specifically on their involvement in homicide. Arrests of girls for murder, unlike arrests for assault, have not risen over the last 30 years, suggesting that the dynamics that propel female juveniles to engage in lethal violence differ from those contributing to assaultive behavior by this same group. A review of the literature indicates that theories as to why female adolescents kill do not take into account recent scientific findings on brain development and the biological effects of early trauma in explaining serious violent behavior by girls. Three cases, evaluated by the authors, involving female adolescents charged with murder or attempted murder, are presented. The authors focus on the biological and psychological dynamics that help explain their violent behavior. They discuss the effects of insecure attachment and child maltreatment, and trace a critical pathway between these early experiences and future risk of violent behavior. The dynamics of child maltreatment in fostering rage and violence are discussed thereafter in terms of offender accountability. The article concludes with a discussion of treatment and recommendations for future research.     

Medical driver selection and alcohol

Due to the rapid development of motorisation in the past few decades, the epidemic of traffic injuries has become a serious problem. Numerous studies indicate that the human factor, often in connection with alcohol consumption, plays a major role in traffic accidents. Studies also show that people addicted to alcohol often drive under the influence and are not deterred by the possibility of punishment, e.g. a revocation of their driving licence.Our study examined people who caused traffic accidents under the influence of alcohol in Slovenia, the consequences of their actions, police and judicial measures and medical selection.In the last decade, the share of people causing traffic accidents under the influence of alcohol in Slovenia has been on the rise. Higher blood alcohol levels are found in people causing fatal traffic accidents, most of them are cyclists, pedestrians and tractor drivers, aged between 25 and 34; the accidents are most common on village roads, on weekends. The discrepancy between numbers of intoxicated drivers with suspended driving licences (approximately 8500/year) and between numbers of successfully terminated judicial procedures is particularly worrisome. When these drivers get their licences back, the medical selection process is inadequate.Our results emphasise the problem of medical selection for reinstatement of penalized drivers. The inadequate approach currently in force allows too many dangerous drivers, most still addicted to alcohol, to return to traffic without medical selection. The only solution to this problem is an immediate change in legislation that would require rigorous medical selection for all reinstatements of drivers who drove under the influence of alcohol. This would decrease the numbers of intoxicated drivers in traffic and at least partly decrease the numbers of alcohol addicts in society.     

行政赔偿违法归责原则的合理定位

我国行政赔偿违法归责原则面临诸多问题,违法归责原则中的"法"不能等同于当前我国行政法体系中的"行政违法"之"法"。作为侵权法之特别法的行政侵权赔偿制度,其违法归责原则应定位于侵权法上的"行为违法",违法意味着注意义务的违反,可作为"过错客观化"之标准。这种认识可以克服目前违法归责原则面临的困境,使违法归责原则回归到过失责任原则。