日本护理保险制度制定的原因分析及启示

战后,面对快速到来的老龄化社会,日本政府在社会保险方面采取了各种对策,老年护理保险制度经历了从无到有、不断发展完善的过程,其间既有成功经验,又有失败教训。目前,我国的老龄人口护理问题也日益突出,如何建立符合我国国情的老年护理保险体系,日本的做法是具有参考价值的。     

Section 8 orders on the public-private law divide*

While section 9(2) of the Children Act 1989 prevents a Local Authority from applying for a child arrangements order directly, a case file study of residence and contact orders made in 2011 found that a significant number of applications for residence orders in the County Court were supported and sometimes even instigated by local authority children’s services (Harding & Newnham, 2015). The findings of the study demonstrate that residence orders often formed part of solutions offered to the family and can even operate as an alternative to formal public law remedies in situations where the parents are no longer able to provide care, and grandparents or other relatives take over. In these ‘hybrid cases’ private law orders are used to resolve situations on the fringes of public law action and, in some cases, divert cases from voluntary accommodation or formal care proceedings. This article raises questions about whether cases are being diverted to private law remedies in an appropriate manner and argues that closer scrutiny of the practice is required to ensure that the rights of parents, children and kinship carers are appropriately respected.     

The provenance of émigrés: the validity of measuring knowledge of places

Establishing the origin of those seeking asylum is essential but difficult as asylum seekers often cannot corroborate their origin claim with documents. The aim of the present study was to assess whether asking knowledge questions, sketch questions and impossible questions are valid methods to determine the veracity of an origin claim. Participants (N?=?105) from Tilburg (truth-tellers), Maastricht (partial liars) and Gothenburg (full liars) were asked to convince an interviewer that they originated from Tilburg. Half of them prepared and half of them did not prepare themselves for the interview. They were asked 10 knowledge questions typically asked to assess the credibility of origin claims, 4 impossible questions and 1 sketch question. Participants from Tilburg answered more questions correctly than participants from Maastricht and Gothenburg. Performance also improved with preparation. Even though the results did provide some support for the validity of assessing claims about origin by asking knowledge questions, the differences between the groups were modest, and it was impossible to correctly identify all truth-tellers and liars. Changing the output modality from verbal answering to sketching contributed to the credibility assessment of origin claims, whereas impossible questions were not discriminatory.     

Problems and service needs among ex-offenders with HIV risk behaviors entering sober living recovery homes

There is currently a nationwide effort to decrease the number of persons who are incarcerated in jails and prisons. However, many ex-offenders on probation or parole do not have access to affordable housing and larger proportions have histories of HIV risk as well as substance abuse problems. In California, sober living houses (SLHs) are becoming an increasingly popular housing option for these individuals. Based largely on the principles of alcoholics anonymous, SLHs require abstinence from alcohol and drugs and provide peer support for recovery. The current study examined the types of problems experienced among 330 ex-offenders with lifetime risk for HIV during the six months prior to entering SLHs. Nearly three fourths (74%) of all ex-offenders entering the houses had at least one HIV risk. The importance of housing was evident in the finding that housing status and participants’ perceptions of their housing situation were associated with a variety of problem areas, including substance use, HIV risk, psychiatric severity, and legal problems. SLHs represent an important housing option for ex-offenders, but many residents may need additional services to address various problems.     

DISRUPTING THE PATHWAY FROM FOSTER CARE TO THE JUSTICE SYSTEM—A FORMER PROSECUTOR'S PERSPECTIVES ON REFORM

Nearly half a million children are victims of abuse and neglect and part of our foster care system. Over time, many of these youth cross into our juvenile and then adult justice systems; some will end up as federal offenders, immersed in a process where mandated penalties provide little room for flexibility or consideration of the characteristics and needs of the individual. This article will offer the perspectives of a former prosecutor and child welfare advocate on: (i) the current conditions and challenges within our foster care system—the feeder for many youth into gangs and criminal activity; (ii) the misaligned priorities and disheartening patterns we currently see in our justice system; and (iii) the ill‐advised practices, that set our nation apart from the rest of the world, allowing juvenile offenders to receive life without parole sentences. The article will then discuss a series of recommendations in all of these areas that would enable us to turn the corner and chart an improved and more hopeful path for our nation's vulnerable and at‐risk children and youth.     

论司法鉴定人的注意义务

鉴定人对民事责任的承担应当以过错为前提,而对注意义务的违反是判断过错的依据,鉴定人的注意义务是复杂的集合体,是由法律法规、技术规范等多种内容构成,如果对上述内容的违反就证明鉴定行为存在过错,必须对损害后果承担责任,但并不是所有的错误鉴定都构成对注意义务的违反,在一定情形下可以免却鉴定人的法律责任。     

侵占罪认定中的疑难问题探析

无论是在刑法理论界,还是司法实务界,对侵占罪的成立一直存在诸多争论,其中尤以对代为保管是否限于合法保管,遗失物是否属于侵占罪的犯罪对象,拒不退还、拒不交出如何认定三个问题的争论为最。     

党内激励关怀帮扶机制的理论模型

党内激励关怀帮扶机制是从尊重党员主体地位、保持党的生机活力的基本需要出发,立足党员群体的差异性特征而提出的。这一机制具有强大的促发精神动力功能、团结凝聚功能、利益协调功能、维护党内和谐功能,因而建立健全这一机制很有必要。但建立健全这一机制不能随心所欲地进行,必须坚持"党内激励、关怀、帮扶相结合,激励关怀帮扶党员与激励关怀帮扶群众相结合,党内激励关怀帮扶与相关配套工作相结合"的主要原则。     

超越疏离 走向和谐——共有精神家园建设的基本路径

共有精神家园建设不仅有文化之维,还有自然与社会之维。自然是人类精神依存的家园,社会是生命获取意义的家园,文化是民族共有的精神家园。确立正确的社会价值理念,超越现代性所导致的人与自然、人与社会、人与传统文化的疏离而走向和谐,是共有精神家园建设的基本路径。     

The Walk in the Woods: A Step‐by‐Step Method for Facilitating Interest‐Based Negotiation and Conflict Resolution

In this article, we describe a method we have used successfully in both academic and professional settings to rapidly introduce novice negotiators to the principles and practice of interest‐based negotiation: “the walk in the woods.” The walk incorporates much of the principles of interest‐based negotiation: fostering self‐awareness, cultivating curiosity, and understanding the importance of world view. The walk's effectiveness is illustrated in this article using the case of the merger of two large, complex health‐care organizations.