Justice for survivors of sexual violence in Kitgum,Uganda

Based on fieldwork in the Kitgum district of northern Uganda, this paper investigates the experience of justice for the large number of survivors, female and male, of sexual violence as a result of the Lord's Resistance Army (LRA) insurgency and its aftermath. It asks: what justice do survivors of sexual violence want; what access to justice do survivors of LRA sexual violence have; what access to justice do the survivors of current sexual violence have; and what are the problems faced with delivering justice. It finds that the response has been minimal, ineffective and inappropriate. It concludes that the neglect of justice has serious implications for the attitudes on Acholi people towards the current Uganda government, for it perpetuates the perceived sense of marginalisation felt by many Acholi and which was a contributor to the LRA rebellion.     

危险驾驶罪的理论错位与现实危险

刑法中没有必要规定危险驾驶罪。当代中国的社会矛盾是后现代的背景,前现代的问题,西方学者提出在后现代背景下为反思现代性而提出的风险社会的概念不适用于中国,不能以风险社会作为论证危险驾驶罪合理性的根据。并非以科学的方法获得的民意不能成为危险驾驶行为入罪的民意基础。行政权重效率,司法权重公正,以刑罚方式惩治多发但危害不大的危险驾驶行为反而不利于遏制该种行为。危险驾驶行为入罪后存在着很多难题并会带来很多弊端,无法产生期望中的社会效果。     

GUEST EDITOR'S INTRODUCTION TO SPECIAL ISSUE ON ATTACHMENT THEORY,SEPARATION, AND DIVORCE: FORGING COHERENT UNDERSTANDINGS FOR FAMILY LAW

Every day in family law courts and mediation rooms across the world, complex decisions are made about postseparation parenting that affect the developmental outcomes of countless children. Attorneys, judges, parents, and even mental health professionals are often poorly equipped to accurately apply developmental knowledge to these decisions, including knowledge from the vast field of attachment theory. A mounting body of research from developmental psychology and neuroscience confirms attachment relationships to be a central axis of the child's developmental pathway, in every family, in every culture throughout the world. The health of a child's attachments can influence multiple and far‐reaching outcomes. As such, attachment theory and knowledge deserve a place in the family court's deliberations and planning for children, but to date, that place remains ill defined. Inconsistencies and misunderstandings, conundrums and complexities of applying attachment knowledge to divorce and separation matters are evident throughout the field. This Special Issue went in search of a shared praxis of meaning about attachment. The resulting collection of papers and interviews documents the views of multiple, eminent attachment experts, who discuss advances in the theory and consider guidelines for legal and mental health practitioners in applying attachment concepts to post‐separation decision making. This opening paper charts the course of this project and summarizes the major points of convergence.     

NO MORE CASEBOOKS: USING SIMULATION‐BASED LEARNING TO EDUCATE FUTURE FAMILY LAW PRACTITIONERS

Teaching family law using the traditional casebook method provides students with marginal knowledge and skills. To practice family law, one needs to know how to interview and counsel clients, negotiate with opposing counsel, file pleadings and supporting documents, draft agreements, and understand tax consequences. Moreover, ethical issues abound in the practice of family law, such as confidentiality, conflict of interest, and fee arrangements. Critics of traditional pedagogies in legal academia have included the MacCrate Report, the Carnegie Report, and Best Practices for Legal Education. The Family Law Education Reform Project has focused its attention on the failure of law schools to keep pace with the ever‐evolving nature and requirements of family law practice. This article offers one answer to those who seek to educate law students in a manner that will better prepare them for the practice of family law. The author, who is the director of Vermont Law School's General Practice Program, describes a family law course she has developed and taught for many years. The course is taught in an integrative fashion, and includes substantive law, practice skills, and ethical and professionalism issues. She offers the course as a response and antidote to the ongoing criticisms of tradition a methods of teaching law.     

FAMILY LAW AND THE NEUROSCIENCE OF ATTACHMENT,PART II

Daniel Siegel is renowned for his ability to translate neuroscience for professions working outside the arena of science. Here, Siegel discusses advances in interpersonal neurobiology, specifically considering applications for family law. Siegel is a clinical professor of psychiatry and co‐director of the Mindful Awareness Research Center at UCLA and director of the Mindsight Institute. He is the author of numerous articles, chapters, and books, including the internationally acclaimed professional texts, The Developing Mind: Toward a Neurobiology of Interpersonal Experience and The Mindful Brain: Reflection and Attunement in the Cultivation of Well‐Being.     

DIVORCE IN THE NURSERY: ON INFANTS AND OVERNIGHT CARE

Infants, parental separation, custody, and overnight care: a vexed combination of issues and needs that has long perplexed the family law field. Carol George and Judith Solomon have conducted the only published observational study of infant attachment in light of postseparation overnight care arrangements. Here they revisit that study and bring more than three decades of experience to bear on questions concerning very young children implicated in family law disputes. Currently a professor of psychology at Mills College, California, George is an author and coauthor of several notable attachment measures and has over 50 research publications in the area of attachment. Judith Solomon is both a clinical psychologist and a researcher in the attachment field, specializing in the study of early attachment relationships and representations, most recently in the Department of Pediatrics, Bridgeport Hospital. George and Solomon are associate editors of the journal, Attachment and Human Development, reviewers on multiple developmental journals, and both consult and teach internationally.     

中国传统刑事司法运作准则之探述

在中国传统刑事司法运作过程中,刑官的具体刑事法行为的采取往往遵循一定的准则。当我们以现代刑事司法理念,立足于挖掘传统刑事司法智慧,考察中国传统刑事司法活动中的抽象准则,我们可以发现它遵循“文书约束”准则,追求“法律之治”。此外,它遵循“据证推事”和“察情推事”准则,并将之作为自己的证据和逻辑基奠;它推崇有限公开准则,以达到教化民众和阻吓犯罪的双重目的;它奉行效率准则,还灵活地采取了协作准则,以保证整个传统刑事司法活动的顺利运行,实现刑官所追求的“无讼”的理想帝国秩序。     

浅析涉外民事案件的识别问题——兼评《涉外民事关系法律适用法》第8条

识别是国际私法中的重要制度,是司法机关或仲裁机关处理涉外民商事案件时确定冲突规则从而确定准据法的前提条件。由于各国法律在观念和制度上存在各种差异,识别冲突在所难免。传统观念认为,法官仅是本国法律的执行者,因此识别仅能依据本国法进行。这种观点未站在国际民商事自由交往的角度,实际上对内外国法没有进行平等对待,在个案中也可能无法实现实质的公平正义。在具体涉外民商事案件的审判中,当法官敏锐发觉识别冲突的存在时,应将识别纳入法律适用、个案裁判的全过程,从实现司法终极目标角度进行法律适用,即识别的过程也应体现实质正义的要求。     

新时期的农村社会治安态势及防范研究

新的历史时期,农村治安呈现出新的发展态势,农民的生命财产安全和农村公共安全问题日益增多。违法犯罪手段更新换代、类型多样化,多重矛盾引发的群体性事件频发,特殊群体违法犯罪升级与恶化。自然、人文、社会等诸多因素激发了并助燃着农村固有的及潜在的矛盾与冲突。从战略高度转变思想理念,加快农村经济发展和精神文明建设,构建多方参与的农村社会治安防控体系,是维护农村社会长治久安的长效性保障机制。     

侦查阶段律师在场权制度的理性思考

侦查阶段是整个刑事诉讼过程的基础,只有保证侦查的公正,才能实现审判的公正。在侦查阶段能不能赋予律师在场权,与国家社会经济发展水平、刑事法治传统与现状等密切相关。侦查阶段律师在场权制度固然具有积极作用,但从我国诉讼价值和政策的实现、引入的理由、侦查机关对口供的依赖性和影响其建立的其他因素等方面分析可以看出,目前在我国建立该制度的条件尚不具备,故对侦查阶段律师在场权应当持慎重的态度,并通过建立相关替代措施来加以解决。