消费者后悔权的冷思考

15年来,我国《消费者权益保护法》的第一次大型修订能否将后悔权写进法条,已成为人们关注的焦点。后悔权是何种权利,我国有无设立后悔权的必要以及如何设置后悔权将成为人们热议的话题。本文从法律视角对其进行了分析并对后悔权的立法设置提出了相应的建议。     

推进边境口岸城市国际化的构想和对策——对黑龙江省绥芬河市的案例分析

城市国际化背景下,绥芬河市凭借自身的地缘优势,加之不断优化的内外发展环境,不断克服自身城市规模小、人口少等不利因素,逐步探索与国际接轨的城市发展的新模式。     

EMPOWERING CHILDREN IN MEDIATION

The available research in the mediation arena regarding child custody disputes indicates a lack of and growing need for effective intervention techniques. The authors present practicing mediators with a specific intervention model for interviewing, safeguarding, and empowering children in the process of mediating custody disputes. The mediation model utilizes a structured, strategic, and process-oriented approach with a family systems theoretical orientation and may be used in private or court-connected settings. The model presented here goes beyond the child-centered interview norm to the inclusion of the child in the process to assist parents in decision making. The model supports the current California statute under Family Code Section 3023, which states that "if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an award of custody or modification." The model does, however, maintain the position that the final decision continues to lie with the parents or the courts and not the child.     

杂交种知识产权申请方式探讨

申请不同的知识产权,可获得不同的权利保护。符合植物新品种条件的杂交种亲本,应申请品种权。杂交种不是品种,是一种生产方法;不愿申请品种权,应申请生产方法发明专利权。对控制目标性状的目的基因,应申请基因发明专利权。     

评《2004年约克-安特卫普规则》

介绍了《2 0 0 4年约克—安特卫普规则》的修改过程,总结归纳了此次修改的主要内容,并分别对共同海损分摊、救助报酬、临时修理费等修改内容进行了评论。     

论破产法上债务人高管人员民事责任的追究

The Enterprise Bankruptcy Law has designed the regime for debtor’s senior managers to bear civil liabilities, while the framework design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism of civil liabilities of debtor’s senior managers in line with the purposes of the bankruptcy regime is a substantial issue during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor’s senior managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities. The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities, the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor’s senior managers) and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor’s senior managers in the Enterprise Bankruptcy Law. Gan Peizhong, Ph.D, is a professor of law and director of the Research Center for Enterprise and Company Law at Peking University. Prof. Gan is a recognized expert on economic law, company law, bankruptcy law and the reform of state-owned enterprises in China. He has released numerous articles on Chinese law journals and published many books. His major publications include Encyclopedia of Chinese Economic Law (vice editor-in-chief), New Studies on Economic Law (co-editor), New Studies on Enterprise Law (author), Studies on Chinese Economic Adjudication (editor-in-chief), Studies on Foreign Economic Law in Beijing (editor-in-chief), General Theories on Economic Law (co-editor), Legitimate Exercise of the Corporate Control Rights (author). Moreover, he was named the “leading young and middle-aged jurist” by Beijing Law Society in 1999. In addition, Prof. Gan is the deputy-president of the Securities Law Association, a member of the Standing Committee of the Economic Law Association under China Law Society. He also serves as the consultant of the Legislative Affairs Commission of the NPC Standing Committee and Beijing Municipal People’s Congress, as well as the Haidian District Court of Beijing.     

Suicide Among Children and Adolescents in a Province of Turkey

Abstract:  Despite well-documented increases in completed suicides among children, accurate knowledge of the characteristics of these suicides is very limited. The aim of this study was to investigate general characteristics of suicide among children and adolescents in the province of Istanbul and to evaluate obtained results in the light of the literature. Data were collected from autopsy records of the Morgue Department of Institute of Forensic Medicine, Istanbul. General characteristics of completed suicides among children and adolescents between 2001 and 2005 were retrospectively reviewed. The study included 176 suicides aged 9–19 years. The overwhelming majority of the suicides (92%) were aged 15–19 years. More than half of the suicides (60%) were male. The most frequent means of suicide was hanging (55%) followed by firearms (20%) and jump or descent from height (15%).     

FTA战略下我国海外能源投资的法律问题研究——以我国投资澳洲能源为例

解决好海外能源投资中出现的法律问题是我国海外能源投资顺利进行的主要保障。海外能源投资出现的法律问题实质上涉及到资本输出国的相关完善的立法以及对于东道国相关外资法律规定的应对。据此对于如何完善我国资本输出的相关立法以及应对发达的东道国的外资法进行抛砖引玉的研究。     

论刑警的临战心理及调适

刑警是一种高应激的职业,在办案过程中,经常会出现紧张情绪,因此认识紧张、了解紧张、调适紧张情绪,使自己达到最佳心理状态,才能应对日益复杂、繁重的工作。     

Practice narratives enhance children’s memory reports

Practicing recall of a non-target event prior to discussing substantive issues is a relatively new recommendation for interviews with child victims and witnesses. Despite evidence of the effectiveness of these practice narratives in obtaining detailed reports from children, specific recommendations about the duration and content of these interviews have yet to be systematically investigated. In the present study, 176 children aged 6–10 years watched a magic show and then participated in an interview that began with a practice narrative, with varying length (2 or 5 minutes) and topics (unique or commonplace), or no practice narrative. Conducting a practice narrative of any kind was beneficial to children's subsequent recall of accurate details over no practice narrative. Benefits to children's accurate recall were observed with as little as 2 minutes of practice and practice narratives were particularly beneficial if a unique, rather than commonplace, experience was targeted for practice recall. The present results confirm previous field research and laboratory findings indicating that the substantive phase of the interview is enhanced by conducting a practice narrative and extends the benefits of practice narratives to even a very brief practice narrative.