德沃金平等权思想之政治平等

罗纳德.德沃金是美国当代新自然法学派的主要代表。他对当今社会普遍存在的分离式民主观提出了批判,对依赖式民主观寄予了希望。     

基于EPQ的服刑人员未成年子女心理问题分析

服刑人员未成年子女是一个特殊的群体。本研究采用EPQ问卷对某太阳村服刑人员子女进行测试。与常模对比表明,他们的心理上表现出孤僻、忧郁、自卑等问题。造成案主心理问题的原因是家庭因素、社会因素以及其他特殊因素一起共同作用的结果。深入了解服刑人员未成年子女心理问题对于在押人员的积极改造、帮助案主的健康成长、构建和谐社会具有重要意义。     

从香港"无证儿童案"看基本法的解释权

1999年1月29日,香港终审法院对港人在内地所生子女在港的居留权案(又称“无证儿童案”)作出判决。引起很大的争议,争执的焦点是基本法的解释权问题。本文通过对基本法的解释权问题的阐述,指出其存在的一些立法不足。     

农村留守儿童心理健康的学校干预机制研究

大量的基层调查表明,农村中因父母外出打工而留守在家的“留守儿童”与同龄儿童相比存在着较为明显的行为、情绪、人格等方面的心理健康问题,并且依然有恶化的趋势。这些问题虽然尚不足以导致具有临床意义的心理障碍,但已影响到这些孩子健康成长。对此,一些学者和各地有关机构也提出并开始采取一系列措施进行心理干预,但从系统性、有效性和可操作性上看还缺乏说服力。基于对学校功能的认识和运用,应进一步探讨如何利用和拓展学校已有的教育功能（教育目标设置、教学管理、学生管理、师资建设和少团组织）,来干预留守儿童的心理健康问题。     

“I Fought. I Screamed. I Bit”: The Assertion of Rights Within Historic Abuse Inquiry Transcripts

ABSTRACT

This article examines how treating historic abuse inquiry testimonies as retrospective assertions of rights can help to shed light on how this abuse was able to occur and how memories are recalled in an inquiry environment. It presents its approach as a possible framework for other historians seeking to analyse testimonies with sensitivity. It uses, as an example, a case study from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse concerning two interrelated “homes” for girls, showing the ways in which abuse survivors can use their testimonies to assert rights denied them in the past and further the goals of public inquiries.     

Inequalities of Redress: Australia’s National Redress Scheme for Institutional Abuse of Children

ABSTRACT

The national redress scheme proposed by the Royal Commission into Institutional Responses to Child Sexual Abuse is unique and unusual in the world of government redress. It is unique with its inclusion of both care leavers and non-care leavers (it is the only government scheme to do so), and it is unusual in focusing on sexual abuse alone (18% of government schemes do). These unique and unusual qualities come at a price for justice. Care leavers and non-care leavers are different groups with respect to their experiences of abuse and social status as child victims. Unless these group differences are explicitly recognised in guidelines for the monetary payment, care leavers will be disadvantaged. Two corrective measures are proposed: adopting an inclusive understanding of sexual abuse in closed and open settings, and addressing the negative bias that may result from care leavers’ lower social status as children compared to that of non-care leavers. Their lower status is likely to affect (that is, devalue) judgements of the severity and impact of abuse.     

大陆法系间接正犯研究思路透析--质疑间接正犯概念之"替补性"观点

传统思路认为,研究间接正犯,应当先从弥补法律漏洞出发证明间接正犯概念之存在,然后证明其正犯性,从而将间接正犯置于“替补”之地位。这是一种颠倒的逻辑,不仅如此,“替补”理论存在之理论基础,共犯极端从属理论本身亦为非科学,因此,传统的研究思路在根本上存在问题,“替补”理论不能证明间接正犯之存在。尽管如此,它对于开辟研究间接正犯之正确的思维却颇具启发意义,从而可以逆推出,共犯概念与间接正犯概念应当具有共同的理论渊源——正犯理论。正是正犯的界限出了问题,才派生出间接正犯和共犯概念。因此,从正犯概念检讨, 才是探明间接正犯之正犯性存在的根本思路。     

Differences in suggestibility between 5–6 and 10–11 year olds: The relationship with self confidence

Abstract

Differences in suggestibility and recall between 5–6 and 10–11 year olds were investigated. It was hypothesized that younger children would be more suggestible than older children and that differences in self confidence between older and younger children would influence these differences. It was also predicted that older children would recall more information than younger children, and that this age difference would be less strongly influenced by self confidence. Forty-one 5 and 6 and fifty-six 10 and 11 year olds were interviewed about a video they had witnessed. Several factual and misleading questions were asked, and the percentage of correct answers to the factual questions (to measure recall) and the percentage of incorrect answer to the misleading questions (to measure suggestibility) were calculated. The level of self confidence of the children was measured with six items of the Behavioural Academic Self Esteem Scale (BASE), reflecting self confidence. The outcomes supported the hypotheses: Younger children were more suggestible than older children and this difference disappeared when controlled for self confidence. Older children gave mere information about the event than younger children, and these age differences were, to much less extent, influenced by their self confidence.     

It's a Family Affair

Abstract

In the United States, incarceration rates are increasing at an alarming rate. In particular, the incarceration of women is increasing. Oklahoma has the highest rate of female incarceration in the nation, and drug offenders comprise a significant proportion of these female inmates. Placing large numbers of women in prison may have serious implications not only for the women but also for their families, particularly their children. We surveyed 144 incarcerated female drug offenders in Oklahoma, 96 of whom reported dependent children living with them prior to incarceration. The data included the women's perceptions of the effect of their incarceration on their families as well as an examination of the potential for serious problems due to placement of the children. The study indicates that many children are placed with families that have a history of abuse, which suggests that failure to consider the implications of incarcerating large numbers of women likely contributes to serious abuse risks for their children.     

建立我国亲权制度的思考

亲权关系是婚姻家庭关系不可缺少的一部分。我国法律中未专设亲权制度。尽快建立和完善亲权制度是进一步完善我国社会主义法制的要求 ,对保护未成年人的合法权益具有重要的意义