论海上保险中被保险人告知义务之界限

《中华人民共和国海商法》第222条第2款是一个对海上保险中被保险人告知义务履行范围的限制。根据该条款,在保险人没有做出询问的情况下,对于保险人知道或者一个谨慎的保险人在通常业务中应当知道的情况,被保险人无需告知。保险人的法定代表人、高级管理人员、承保部门的负责人以及具体做出承保决定的人对有关情况的知情应该归属于公司。公众知晓的情况,保险人通常承保的保险标的之一般属性,或通常承保的贸易之一般实务或贸易限制或通常可能发生的状况等,属于保险人应当知道的情况。     

Relational Victimization,Callous-Unemotional Traits,and Hostile Attribution Bias Among Preadolescents

The aim of this study was to investigate the association of callous-unemotional traits, hostile attribution bias, and relational victimization experiences among 228 Greek preadolescent students attending the last two primary school grades. No significant gender differences were found. Correlations showed positive associations among relational victimization, callous-unemotional traits, and hostile attribution bias. Multiple regression indicated that preadolescents with high callous and unemotional traits and hostile attribution bias who experienced physical aggression were more likely to be relationally victimized. Results emphasize the role of both personal and social-cognitive factors in relational victimization, and are discussed in terms of their practical implications.     

Antisocial features are not predictive of symptom exaggeration in forensic patients

Purpose

To investigate the predictive value of antisocial personality disorder (ASPD) and features of ASPD (i.e., lack of remorse, blame externalization, and deceitfulness) for symptom exaggeration.

Methods

A sample of forensic psychiatric patients (N = 57) was asked to complete several self‐report instruments (measuring symptom exaggeration, lack of remorse, blame externalization, and offense minimization) and a semi‐structured interview about their most recent offense. To quantify patients’ deceitfulness, the information collected via the semi‐structured interview was checked against the official records of patient's offenses. Additionally, patient's mental disorders and the extent to which patients denied their delinquency were determined by gathering clinician's judgement on this matter from patient records. The relation between symptom exaggeration and the potential predictors of symptom exaggeration was examined through correlational analyses and cross‐tabulation of prevalence rates of symptom exaggeration with prevalence rates of the potential predictors.

Results

Antisocial personality disorder was not a useful predicator of symptom exaggeration. Also, patients who showed little regret for their offenses, or tended to blame their offenses on external factors, or minimized their delinquency, or were inaccurate when reporting their delinquency, had similar levels of symptom exaggeration as those without these tendencies.

Conclusions

Neither ASPD nor antisocial traits, including lack of remorse, blame externalization, and deceitfulness, were meaningfully related to symptom exaggeration and therefore should have no place in the assessment of symptom validity or the detection of malingering. On the contrary; focusing on antisocial traits as indicators of symptom exaggeration is likely to result in large portions of misclassifications.     

考试成败结果的复合原因、情感反应和行为决定试探

本研究采用问卷法探查小学生对考试成败结果的复合原因评定、情感反应和奖励、惩罚的行为决定。结果表明：１．韦纳的原因归因,情感、行动归因模式适用我国小学生;２．小学生能够理解复合原因在考试结果上的作用,并能依照所负的责任不同而表达情感和行为决定;３．三年级的学生开始具有辨别不同复合原因功能的认知水平,但还只是处于初级的萌发阶段,四年级以上的学生才能够比较全面地理解复合原因的内在含义,比较准确地分析复合原因的归因后果     

Social explanations for job insecurity: Group influences on causal attributions

Job insecurity—a concern about the future existence of the job—is one of those unexpected events which lead to a search for causal explanations. This paper pays attention to the social nature of these attributions. The social character of the causal attribution process investigated here appears from the kind of attributions that employees make and the degree in which causal attributions are influenced by social ideas shared by colleagues and other groups. We research these social explanations for job insecurity on the basis of the results of a survey of job insecurity and causal attributions among 311 employees in the Netherlands.     

Blaming the victim: Belief in control or belief in justice?

The attribution of responsibility to victims of bad fate (“blaming the victim”) is discussed under the perspective of Just World Theory (Lerner, 1980) and the Defensive Attribution Hypothesis (Walster, 1966; Shaver, 1970). Whereas Just World Theory suggests that the belief in a just world is the decisive motive of increased attributions of responsibility, the Defensive Attribution Hypothesis assumes that these attributions are motivated by the need to believe in internal locus of control. Research evidence shows both motives as conceptually linked and empirically correlated. The central question is whether belief in a just world and belief in internal control are facets of the same latent variable or empirically distinguishable constructs, and whether they contribute independently to attributions of responsibility and blame to victims of misfortune. Results of a questionnaire study assessing opinions about cancer and cancer victims are reported. There is evidence from factor analyses that the two motives are indeed distinguishable constructs. The correlation patterns and the results of multiple regression analyses show that both motives are meaningfully related to attributions of responsibility. Moreover, it is suggested that belief in a just world is not a homogeneous construct. Belief in immanent justice according to which present misfortune is seen as a consequence of prior faults and sins is differentiated from belief in ultimate justice according to which one can be sure that present misfortune will be compensated in the long run. Whereas belief in immanent justice is the most important predictor for attributions of responsibility, the suggested emotional consequences of such attributions, like belief in invulnerability or confidence in coping, can be predicted by belief in internal control and belief in ultimate justice. Finally, suggestions are made to extend Just World Theory to clarify the function of justice motives in the person's search for meaning in his or her life.     

商品房售后保修义务的立法完善——创“和谐社会”之要举

我国房地产市场正走向成熟,但目前商品房售后保修义务中“质量问题”的举证责任分配法律尚未明确规定,再加上其他诸因素,使现实生活中开发商运用推委、拖延战术将保修责任及成本非法转借给“相对弱势业主群体”的案件大量出现。文中分析了该现象的本质、后果、成因及目前可行而又不足的保护途径;运用传统法理学与新兴法经济学方法,对立法完善的必要性、可行性进行了探讨,并提出了相应立法建议;最后指出该立法完善对创“和谐社会”、建“诚信中国”的重要意义。     

论环境权的人权属性

对于环境权的属性问题一直是法学界争论的一个焦点 ,可谓众说纷纭 ,莫衷一是。从权利本原的角度入手 ,阐述目前我国研究权利特别是环境权的范式存在的误区 ,提出应从唯物主义的立场揭示环境权的自然权利属性。同时 ,对人权的历史发展中概念、性质、主体和内容的变化进行剖析 ,推断出环境权符合人权的构成要件 ,在精神实质与价值内涵上与人权存在固有的联系 ,是一项人类社会生存与发展不可或缺的基本人权。     

Blame attribution regarding index offence on admission to secure hospital services

Abstract

Assessment by psychologists is part of the routine multi-disciplinary admission process to secure facilities for those with a diagnosis of severe mental illness and an offending history. Non-engagement with the assessment process is a common clinical phenomenon. Using a survey design, we report on the administration of the Gudjonsson Blame Attribution Inventory, (a questionnaire which elicits causal attributions about offending), where possible, to a cohort of consecutive admissions to a medium secure unit, and a maximum security hospital. Reasons for non-compliance with the assessment process are examined. The responses of those who completed a series of questionnaires are compared using unit, sex, ethnicity, diagnosis and index offence as group variables. With regard to attribution of blame for index offence, contrary to prediction, those with a history of psychosis, rather than personality disorder, obtained higher external attribution scores. The implications of these findings for the assessment of blame and guilt feelings during the early stages of admission to a secure mental health service, and possible treatment implications, are considered.