法经济学视角中的举证责任倒置:原因和意义

举证责任倒置是在程序法中对"谁主张,谁举证"的基本举证责任分配原则的衡平,是一种给予在某些特殊侵权行为案件中受损害当事人的特殊法律救济方法.其实体法基础是在这些特殊侵权行为中民法上对侵权责任归责原则的特殊规定,而其更深层次的经济原因却是由于行为人在行为中的注意成本合理与否所导致的.本文以初步的经济分析方法探究注意成本与行为人行为之间的关系,以及这种结果对程序法上举证责任倒置的影响,然后在这个层面上分析举证责任倒置的根源,旨在提出对特殊侵权行为案件中受损害的当事人的原则性法律救济方法.     

从医疗保险制度改革看我国城镇职工医疗权的保障

医疗权是公民的一项基本权利,政府在维护公民医疗权的问题上承担着道德责任。我国政府通过医疗卫生体制改革,尽可能使我们的医疗保障制度符合公正性、公益性和效益合理性的伦理原则,从而更好地实现对公民医疗权的维护。尽管在实际操作的过程中仍然面临着很多困难和问题,但是积极的改革措施表明了政府在保障公民医疗权问题上的积极态度。     

Social Correlates of Delinquency for Youth in Need of Mental Health Services: Examining the Scope Conditions of Criminological Theories

While both traditional criminological inquiry and mental health research have identified internal and external constellations of risk factors associated with juvenile offending, interdisciplinary discourse has been limited. This paper takes a step in bridging the gap between criminological literature and work in the field of children’s mental health by evaluating the combined effects of social and mental health predictors on juvenile delinquency in a sample of youth with diagnosed clinical disorders. Results of multivariate analyses indicate that both traditional social risk factors as well as indicators of the nature and severity of youths’ mental health disorders contribute to delinquency. Moreover, the influence of one well-established risk factor, self-control, on delinquency is moderated by the presence of oppositional defiant disorder. The results of this study suggest that researchers and practitioners should consider the cumulative influence of social risk factors and psychological impairment in the etiology of delinquency.     

论高校学生管理中的人文关怀--一个法治的视角

依法治校、实行民主管理、保护学生合法权益已成为时代的要求.近年来高校管理要求实现法治化、人性化、人文化呼声在不断高涨.我们应当以"人"为基点审视高校学生管理,通过高校学生管理法治化,体现高校学生管理以人为本,富于人文精神,对学生充满人文关怀.     

Relative Placement: The Best Answer for Our Foster Care System

This article briefly traces the history of the placement of children out of their homes because of parental abuse or neglect. The preference for relative placement is a recent occurrence. The advantages of relative placement instead of foster or group care are summarized as well as the disadvantages. Relative placement rates across the country are about 32%. Several jurisdictions have much higher placement rates including Allegheny County, Pennsylvania. Los Angeles, California, is experimenting with social work practices that have produced over 80% relative placement rates during the past year. How both of these jurisdictions accomplish high relative placement rates is described in detail. Judges should persuade their own social service agencies to adopt these practices.     

Trauma-Informed Resource Parent Training and the Impact on Knowledge Acquisition,Parenting Self-Efficacy,and Child Behavior Outcomes: A Pilot of the Resource Parent Curriculum Parent Management Training (RPC+)

This pilot study illustrates one state’s development, implementation, and outcomes of a trauma-informed curriculum called the Resource Parent Curriculum + CARE (RPC+). The RPC+ is an intensive co-trained curriculum intended to be trauma-informed and skills-based focused on ameliorating child behavior problems that are frequently the source of parenting stress and placement instability. This article will provide a literature review of child and caregiver needs, describe the training curriculum, and present the results from the pilot implementation of the curriculum. Preliminary findings from this study show participants of the RPC+ show positive changes pre- to post-training on a number of dimensions that have been correlated with placement stability for children including knowledge of trauma, parenting self-efficacy, and child behavior outcomes.     

Solution-Focused Trauma-Informed Care (SF-TIC): An Integration of Models

Trauma-informed care is a rapidly emerging approach in child welfare and is significantly aligned with the core tenets and techniques of solution-focused practice. The integration of solution-focused practices and trauma-informed care offers an alternative to the problem-solving method frequently employed in child welfare. This paper describes and demonstrates how using a Solution-Focused Trauma-Informed Care (SF-TIC) approach can shift individuals and systems from a problem-solving focus to solution building. SF-TIC provides individuals with concrete skills, language and knowledge to effectively avoid inadvertent re-traumatization. Evaluation of this approach is in its infancy and future research is warranted.     

Patient-centered psychiatric care for youth in foster care: a systematic and critical review

Youth in the U.S. foster care system are prescribed risky psychotropic medications at high rates. In response, state child welfare agencies have developed policies, yet there is little research to inform patient-centered care (PCC) approaches. To fill this gap, we aimed to identify (1) the perspectives of youth in or formerly in foster care and their caregivers and providers regarding how psychiatric care aligns or does not align with PCC, and (2) effectiveness of interventions aiming to improve PCC within this context. We conducted a systematic review of the literature based on PRISMA-P guidelines, searching four databases and gray literature. Eleven studies met inclusion criteria and quality appraisal benchmarks, none of which were interventions. We applied narrative synthesis techniques to six studies that described youth/former youth perspectives. They described a pervasive lack of knowledge, perceived little voice in decision-making, and described imbalanced power between patients and providers and weak therapeutic relationships, whereas feeling understood by providers and being provided autonomy in decisions were helpful. Systemic barriers also contributed to many concerns. We make a limited number of recommendations to leaders and policy-makers based on our synthesis, however, many critical research steps are needed.     

The adoption of children from out-of-home care: how decision-makers explain the low rates of adoption in Victoria,Australia

The adoption of children from out-of-home care is uncommon in Australia and rarely occurs in the state of Victoria. This paper reports on how professionals involved in making decisions about the permanent placement of children explain the current rates of adoption from out-of-home care in Victoria. Interviews were conducted with eight child welfare specialists, eight adoption and permanent care specialists and five judicial officers. The current low rates of adoption were attributed to the effect of current legislation, the impact of past adoption practices and the establishment of a culture in Victoria in which adoption is now rarely considered an option for children in out-of-home care.     

A case study in public child welfare: county-level practices that address racial disparity in foster care placement

Racial disproportionality has been a longstanding issue within child welfare. The continued overrepresentation of black children in the foster care system is troubling. The authors of this article conducted a case study of two counties in New York State that have steadily decreased the number of black children in foster care in an effort to identify what aspects of their child welfare practice impacted the decline. The case study employed document analysis, in-depth interviews, and focus groups with child removal decision makers. Utilizing a grounded theory approach to content organization and analysis, several themes emerged as noticeable factors. Some of the most salient themes included preventive services and resources, community collaborations, case practice development, family meetings, workforce diversity, the court system, and, the most unique, blind removal meetings. The themes found in this study present promising practices to assist in decreasing the racial disparity in child welfare removal decisions.