论公民受教育权之分层法律保障

受教育权兼具积极权利与消极权利、自由权与社会权之多重因素,于个人生存发展具有突出意义,应从基本权利高度审视各阶段和类型的受教育权并予合理定位和区别.国家在保障不同阶段和类型的受教育权保障中担着不同的义务和责任,应予优先保障的是公民最低限度的受教育权--义务教育阶段的受教育权.     

权利与原则:撩开说话的法律面纱

说话权利的保护程度表征着一个国家的民主、开放和宽容.综观人类在说话方面的权利及其法律原则,我们可以将其归结为:可以说话的权利与事先限制之禁止原则;说真话的权利与真实抗辩原则;说真实谎言的权利与真正的恶意原则;说意见性言论的权利与合理评论原则;不说话的权利与精神自由原则;要求说话的权利与媒体接近原则;用行为说话的权利与背景限制原则.     

未生效合同的保护

未生效合同是指已经有效成立但尚未生效的合同,此概念源自于合同的成立与生效之区别。生效与否跟有效与否的判断不同,未生效不等于无效,生效与否的判断是时间的函数,可以将这种判断称为过程判断。本文将未生效合同分成三类:法律、行政法规规定经批准、登记等手续才生效的合同;附延缓条件、附始期的合同;当事人约定其他生效要件的合同。三类未生效合同各有其特征,民法应当基于合理性的考虑,对各类未生效合同的保护作出妥适的规定。     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.     

Linking marital violence,mother-child/father-child aggression,and child behavior problems

Previous research indicates that observation of marital violence has a deleterious impact on children's adjustment. However, little is known about the mechanisms underlying this relationship. The present study examined the relationships between observation of marital violence, mother-child aggression, father-child aggression, and child behavior problems in a sample of 185 children (ages 7 to 13) and their mothers who were residing at battered women shelters. A significant positive association was found between amount of marital violence witnessed and father-child aggression. However, the correlation between the amount of marital violence witnessed and mother-child aggression was not significant. Hierarchical regression analyses revealed that both the amount of marital violence witnessed as well as mother-child aggression were significantly related to child behavior problems, even when controlling for the effects of child age, race, and father status (i.e., whether the mother's partner was the biological father or stepfather/cohabitee). Family violence variables were better predictors of girls' rather than boys' behavior problems, particularly externalizing behavior problem scores. The lack of significance between father-child aggression and child behavior problems, as well as the implications of the findings, are discussed.     

债权的公法保护

实现公平的竞争是市场经济体制的本质要求,债权的实现意味着市场信用的实现。保护债权以及债权的实现,就是保护交易安全、保护市场的信用基础、保护市场作用的积极发挥,它是市场经济的基本要求。通过公法保护债权是公法的当然责任和重要任务,这在理论上和实践中都是可行的。通过公法的制度和调整方法,对债权进行有效的保护,是指在维护和尊重私法秩序和私法手段的同时,利用公法独特的调整机制,对债权进行更大范围的保护,也就是通过公法制度的建设和完善,给债权的实现提供一个较为宽松的法律环境和制度环境。     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

证人出庭作证问题研究

证人出庭作证是保证司法公正的基本措施。针对我国司法实践中普通存在的证人拒绝出庭作证的现象 ,有必要从转变司法观念 ,建立强制证人出庭作证制度 ,完善证人保护制度 ,贯彻直接言词原则 ,建立证人特权制度等方面 ,有效解决证人出庭作证的问题。     

EXPENDITURES ON CHILDREN AND VISITATION TIME

In their critique, Garfinkel, McLanahan, and Wallerstein raise concerns about the representativeness of the authors' sample, benchmark approach methodology, and historical review of guidelines, all of which lead them to discount the evidence presented opposing the cliff-model assumption of father expenditures on children, and to laud instead child support guidelines that give little monetary credit or adjustment for visitation. This article presents evidence that (a) this sample is at most little biased, and remains trustworthy for the main implications presented; (b) although only a beginning, the benchmark approach is highly useful and most of the concerns raised about it are ill founded or implausible; and (c) the historical review suggesting that current guidelines assume zero visitation expenses is indeed accurate for the vast majority of states, according to the foremost authority. Thus, notwithstanding the critique, these findings have merit and importance and should be considered by policy makers. The authors also comment on the additional arguments against continuous and generous adjustments for visitation, finding them based on a weak foundation of evidence and reasoning.     

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