关怀与尊重理论对我国农村弱势群体保护的启示

平等概念是德沃金政治哲学的核心,平等关怀与尊重体现的是一种实质平等。这一理论必将给我国当前的农村弱势群体保护带来一定的启示。     

Rights,responsibilities and regulation – the three Rs of education: a consideration of the state's control over parental choice in education

Education is both a right and a responsibility. International instruments such as the International covenant on civil and political rights and the International convention on the rights of the child affirm the right of all children to education. This right is spelt out in the education legislation of all states and territories in Australia. Education is not only free but is compulsory for all children between certain ages. The obligation is imposed on parents (in accordance with definitions contained therein) to ensure that their children are both enrolled at and attend school. However, parental choice of education provider is allowed within each jurisdiction by way of state, private or church schools, all of which are registered and regulated to varying degrees by the state. The legislation of each jurisdiction also makes some degree of provision for parents who choose to opt out their children from any formal education setting and to educate them at home. Home education is also subject to state regulation. The assumption by the state of the responsibility for education guides this policy and legislation. The argument for state control of all education, no matter how and by whom it is provided, is that the state has an overriding interest in ensuring the economic well-being of its citizens and the growth of its intellectual capital. The state acknowledges that the responsibility for education is shared with parents, primarily by providing penalties for parents who fail to ensure enrolment and attendance of their children at a school. There is evidence that more and more parents in developed countries worldwide are choosing to educate their children at home, and anecdotal evidence suggests that Australia is part of this trend. To this end, this article critically examines the balance and relationship between the exercise of parental choice and responsibility in education, and state regulation and control. It does so by examining the means by which the legislation of different jurisdictions allows for choice in the exercise of the right to education, with particular reference to home education, places limitations on that choice and imposes control on the delivery of education outside state schools.     

Kinship Family Relatedness,Nuclear Family Contact,and Social Support Among Foster Youth

Using a sample of 16-year-old youth placed with kinship foster families in California, the current study examines the relationship between kinship foster family structure and foster youth's biological family contact and support. Latent class analysis was used to examine differences in family structure based on the relatedness between foster youth and other members of the kinship family household. Subsequently, the respective relationships among household structure and foster youths' characteristics, experiences, and biological family contact and support were examined. We find that the kinship families serving foster youth are represented by four distinct household types, including sibling and grandparent households. Kinship family household type is found to be statistically significantly associated with youths' contact with siblings, closeness to caregivers, and perceived social support. Implications for kinship foster family scholarship are discussed.     

我国医疗损害责任中医务人员注意义务的标准

医务人员的注意义务是衡量其在医疗活动中是否存在过失的前提，我国即将实施的《侵权责任法》对医务人员的注意义务的标准未作详尽规定，本文通过比较普通法系国家和日本相关的规定，从而指出我国医务人员的注意义务的标准。     

Subject Index

No abstract available for this article.     

社会资本办医：准入政策和投资建议

社会资本办医是新医改的重要内容之一,国务院、卫生部、各地政府先后出台了相关政策,为社会资本办医铺平了道路。通过对全国20个省区市近年来出台的鼓励和支持社会资本办医政策的梳理与对比分析,可以发现各地鼓励发展的非公立医院大致可分为高端医疗机构、特色专科医疗机构、特需性医疗机构三种类型,鼓励社会资本办医的领域呈现＂扶弱＂和＂做强＂的两极化特点,今后社会资本办医投资应着眼高端、因地制宜。     

我国未成年人教养保护制度的立法选择

关于未成年人的教养保护,大陆法系国家和英美法系国家分别采取了亲权与监护并行以及由监护吸收亲权两种立法模式。应在对亲权和监护制度进行比较研究以及对我国现行未成年人保护教养制度进行评估的基础上,关注大陆法系国家亲权制度的现代发展,借鉴亲权制度现代发展的成果,就父母对未成年子女的教养保护设立父母照顾制度,与监护制度一起实现未成年人的民法保护。     

The presence of feminism in the future of welfare

This article argues that the contribution of second wave feminism to new welfare practice and provision is greater than recent discussions of welfare reforms have acknowledged. Along with other new social movements and grass-roots welfare campaigns, feminist activism and its critiques provide an important moral and political case for a new welfare society. This paper proposes four principles which underpin such a case – autonomy, mutualism, inclusive diversity and voice. Aspects of these are discussed, developing, in particular, an argument for a political ethic of care.     

警察暴力化执法中的人性化关怀

警察在执法活动中,要求准确解读暴力化执法和人性化关怀的深刻内涵。规范并严格执法,既要合法果断地使用暴力,又要文明执法,才能彰显暴力化执法中的人性化关怀,降低执法成本,正确处理好打击与保护、公正与效率、执法与守法之间的关系,实现执法的公平与正义。