限定继承的悖理与我国《继承法》的修正

源于古罗马法的限定继承制度其实是受将遗产范围视为被继承人的财产权利义务、遗产归属于继承人所有等制度相互影响的结果。然而,近世大陆法系的不同国家或地区在规定限定继承制度的同时,又以遗产为基础构建了遗产管理制度。但就遗产管理人所履行的职责而言,遗产管理人不仅要清理被继承人的财产权利义务,而且也要将清偿被继承人债务后的剩余财产分配给继承人。如此,遗产范围对遗产管理人、继承人就有所不同,即遗产管理人所面对的遗产范围应为被继承人的财产权利义务,继承人所面对的遗产范围为被继承人的财产权利;同时,遗产并不归属继承人所有或者遗产管理人所有,清偿完遗产债务后的剩余遗产才由继承人取得所有权。进而,遗产管理制度所逻辑演绎的遗产范围和遗产归属已经与限定继承的形成基础相悖,立法再予以规定限定继承制度也就欠缺合理。     

刑法因果关系判断路径的选择简

刑法中的因果关系的理解与分析,应采取归因与归责的相分离模式,在归因阶段采取条件理论作为判断标准已达成共识,而在归责阶段则主要存在修正的条件理论、相当因果关系理论以及客观归责理论.本文认为在归因阶段应采取合法则的条件说,在归责阶段则通过对实行行为、违法性阻却事由等犯罪论理论的运用具体判断是否进行归责.同时认为,应在归因判断时强调事实存疑时有利于被告人的原则.     

Attributions for Improvement in Children Bullied at School

ABSTRACT

This mixed methods study describes attributions for improvement following reductions in victimization for children who were bullied at school. It also tests hypotheses from attribution theory about attributions associated with improvements. The sample was a subset of families who participated in an RCT of a family cognitive-behavioral program to reduce victimization; to be included, both the parent and child needed to report reductions in child victimization at 9 months. Attributions were compared across conditions, respondents (parents versus children) and time. Both parents and children attributed improvements most often to actions by the target child. Intervention families were more likely than control families to attribute changes to their own efforts than to external factors. The relevance of internal attributions for the success of interventions is discussed.     

承揽合同四论

区别承揽合同与劳动合同,首先看当事人双方的约定,无约定时看补充协议;达不成补充协议的,遵循交易习惯;无习惯可循的,按照承揽合同处理。我国现行法对于次承揽合同设有若干限制,对于不规则承揽也予以了承认。关于工作成果所有权的归属,应当区分类型加以确定,不宜整齐划一。     

The gendering effects of co-authorship in criminology & criminal justice research

Historically, research from various fields has indicated that females are underrepresented in academic papers. Not only are females less likely to publish relative to males, but they are also less likely to be sole-, co-, and first-authors in journal publications. While this gender discrepancy has become smaller in recent decades, males are still disproportionately represented in academic papers. The current study reviews author characteristics of articles published in the top fifteen criminology/criminal justice journals over a forty-year period (1974–2014). Among the 11,348 articles in the study, results indicated that while female sole- and first-authorship increased throughout the study period, 26.6% of sole-authors were female while 32% were first-authors and composed 33.3% of all co-authors. Further, females were less likely to be sole- and first-authors, less likely to have co-authors, and more likely to publish with other female co-authors.     

浅议试药导致损害的侵权责任

《药品临床试验质量管理规范》规定了我国药物临床试验的主要制度,但对试药导致损害的救济立法上不甚明确。建议通过侵权责任的方式对受试者的损害进行救济。试药人身损害的责任可适用过错推定责任原则,其构成要件应由损害后果、加害行为、因果关系、过错四部分组成。     

'My tongue is mine ain': Copyright, the Spoken Word and Privacy

This article shows how under the present legislation in the United Kingdom copyright may exist in speech, in particular in interviews and conversations, provided that the words are recorded and constitute an original work. The argument is illustrated and supported by reference to reported cases from throughout the common law world, as well as to news stories and interviews with individuals ranging from Lord Denning to Michael Jackson. Issues arising from the collection of oral history are also discussed. It is further argued that, in addition to the internal analysis of copyright itself, such protection for the spoken word can be justified by the privacy and personality interests of speakers in the use of what they say.     

Social Disadvantage and Students' Perceived Injustice in Socially Integrated Schools in Israel

In this study we explored objective and attributed explanations of perceived injustice (PI) with respect to instrumental and relational rewards among junior high school students. Despite the socially heterogeneous school and classroom setting, PI found was relatively modest and differentiated by domain. It was more effectively accounted for by cognitive ability than by socioeconomic status, while the effect of ethnic extraction was very small. PI was attributed much less to social background than to teacher and individual factors with regards to instrumental rewards, and to teacher and peer behavior concerning relational rewards. To explain these findings we have suggested the egalitarian climate of the school and its success in bringing students to comply with the meritocratic norm, the disadvantaged students' rational consideration of the positive contribution of the integrated school to their life chances, and the diminishing ethnic identification among the younger strata of the Israeli society.     

论拾得遗失物

文章通过分析我国《民法通则》和《物权法》中拾得遗失物制度的相关规定,对该制度中的拾得物归属、报酬请求权、费用偿还请求权等问题进行了探究和评析,指出了几点《物权法》对该制度的完善,并提出了自己对拾得物遗失制度的几点立法建议。