论思想自由权的宪政保护

思想自由权在我国宪法中未被规定为公民的基本权利 ,这与国际公约和各国立宪潮流不符 ,事实上 ,思想自由权载入我国宪法完全具有必要性和可行性。我们应当以思想自由权入宪构想为契机 ,顺应“中国走向宪政之路”的美好愿望 ,建立起中国的思想自由权宪政保护体系     

责任竞合与诉讼标的理论

所谓请求权竞合 ,系因同一生活利益同时为不同法律关系的客体所涵摄 ,从而引起的数个具有不同客体、不同规范目的的责任关系的竞合。作为民事权利体系之枢纽的请求权概念 ,一方面对其所包含的“给付”究指法律关系内容意义上的给付抑或客体意义上的给付不加区辨 ;另一方面 ,以权利人指向国家的“司法保护要求权”作为请求权的本质属性 ,对实体法学、诉讼法学均产生错误影响。由其目标功能所决定 ,诉讼标的在结构上须同时包含“责任关系”与“接受权内容之主张”两重要素。在责任竞合情况下 ,可以利用“诉之利益”达成纷争解决一次性的目标。     

论证人保护制度

司法实践中，证人出庭率低，拒证问题普遍存在，其根本原因是我国现行立法对证人及其亲属的人身安全和经济利益保护乏力，证人权利与义务严重失衡。制订完善的证人保护制度是保证证人出庭的前提，是完善我国诉讼制度的内容之一，也是实现公正高效审判目的的需要。在借鉴别国成熟经验的基础上，应该根据我国的国情尽快制订专门的证人保护法或将证人保护制度以专门章节列出，对证人的权利义务、保护范围、保护措施、保护措施的启动条件及运作程序、保护机关等问题都应明确。     

The Legal Protection for China's Flexible Workers during the Covid-19 Pandemic

The COVID-19 pandemic has caused a chain of socioeconomic effects worldwide. China’s social and economic operations and labor market have also been suffered because of this global crisis. During hard times, flexible employment becomes an important means for stabilizing employment. However, the pandemic also exposed the problems ensuing from insufficient legal protection for flexible workers. First, there are some gaps and defects in the labor and social security laws in terms of their scope and applicability to flexible workers. Second, there were limitations in the support and protection policies for flexible workers at the early stages of the pandemic. Although the government implemented measures soon after the outbreak of COVID-19, their role is still constrained by the legal lacunae in protecting flexible workers. As flexible employment will continue to play a significant role in China’s labor market, the State Council issued a far-reaching official document in July 28, 2020 to support it. This document indicates the directions for providing better legal protection for flexible workers, which contains expanding the legal scope and enriching the legal protection. Based on the realities and latest policies, the legal protection for flexible workers should be systemically improved in the future.     

Building the Evidence Base for Intensive Family Preservation Services

This article examines the state of intensive family preservation services (IFPS) research. Using studies of IFPS in five states, this article seeks to establish whether IFPS can be regarded as an evidence-based practice, an increasingly important standard for publicly funded services. While reporting rates of repeat child maltreatment, the analysis uses placement rates as the main outcome measure and compares effect sizes using Cohen's arcsine transformation for data reported as proportions. Significant differences in rates of child out-of-home placement and repeat maltreatment were found in some studies, particularly for higher risk families. The findings also underscore the difficulty of identifying which families to serve (targeting), ensuring treatment fidelity, and employing rigorous and appropriate evaluation methods. Overall, additional research is needed to move IFPS from a promising practice to an evidence-based practice.     

Influence of Family,Agency, and Caseworker Dynamics on Caregivers' Satisfaction With Their Child Protective Services Experience

Numerous child protective services (CPS) agencies have adopted differential responses as a system reform hypothesized to facilitate family engagement. This research tests a conceptual framework developed to examine dynamics between caregiver, agency, and caseworker factors that are assumed to impact caregiver engagement. Data from a randomized control study and structural equation modeling methods were used to explore the influence of these factors on caregiver satisfaction with their CPS experience. The results indicate that receipt of alternative response, caregivers' ratings of their caseworker's interaction style, and caregivers' positive emotional response influenced satisfaction with their intervention experience, while negative emotional responses did not.     

论毛泽东思想中蕴含的生态文明建设思想

新中国成立以来,特别是改革开放以来,我国的工业得到了迅猛的发展,并取得了极大的历史成就,然而,伴随而来的环境破坏不得不给人民敲响了环保意识的警钟。事实上,生态环境问题要追溯到20世纪五六十年代,那时的国民经济刚刚步入正轨,国家工业化也是刚刚起步,环境污染问题只在局部地区出现而未引起广泛关注。然而,作为党的第一代领导集体核心,毛泽东敏感地察觉到此时环境保护的重要性,并提出了植树造林、水利建设、控制人口、开垦荒地等有关环境保护的言论。这些言论为中国特色社会主义生态文明建设打下了重要的理论基础,给党的生态文明建设思想积累了宝贵的经验,为我国社会主义现代化建设提供了重要的理论指导。     

Trends in the management of registered sexual offenders across England and Wales: a geographical approach to the study of sexual offending

Abstract

Social scientists, and geographers in particular, have long been interested in examining spatial patterns of offending in order to generate a “geography” of crime and criminality. This paper examines what value, if any, a geographical approach to the study of sexual offending might offer. Utilising published official data from England and Wales it presents for the first time geographical analyses of the registration, risk assessment and management of Registered Sexual Offenders (RSOs) across 42 Multi-Agency Public Protection Arrangement (MAPPA) areas. In doing so it considers and evaluates the methodological issues pertaining to the use of such data and such a geographical approach. We conclude that geographical interpretations of both the incidence of RSOs and the rates of risk allocations between MAPPA areas provide valuable insights and raise new questions about the way in which RSOs are managed nationally and are thus worthy of further exploration.     

Community-based forensic child and adolescent mental health services in England,Scotland and Wales: a national mapping exercise

Aim: We sought to ascertain the current nature of specialist community mental health provision for young people presenting with risk of harm to others or involvement with the youth justice system in England, Wales and Scotland. Methods: Questionnaire-based survey. Results: Fifty-five services were contacted, 48 responded and 35 of these were found to be providing some form of community mental health provision to high-risk young people. Thirteen services provided comprehensive community forensic child and adolescent mental health (FCAMH) services, whilst the remainder offered more ad hoc clinical input. Amongst the comprehensive FCAMH services, staffing, function, commissioning arrangements and population served varied widely. Conclusions: There is patchy geographical provision of comprehensive community FCAMH services across England, Scotland and Wales with heterogeneous commissioning arrangements, staffing and function. Development of a national commissioning strategy for community FCAMH services is required to ensure that the complex needs of high-risk young people are adequately addressed.