任意的当事人变更之再认识

关于任意的当事人变更,学说上存在诉之变更说、复合行为说以及特殊行为说三种观点.我国承袭苏联立法曾对其进行了粗略规定,随后又废止.理论研究及立法规则的缺位引发了制度的异化.从本质上而言,任意的当事人变更是一个关涉诉讼经济与程序保障调和的利益衡量问题.在当下诉讼资源紧缺的司法环境下,其具有不可或缺的重要价值.对任意的当事人...     

A Randomized Clinical Trial Exploring Gambling Attitudes,Barriers to Treatment,and Efficacy of a Brief Motivational Intervention Among Ex-Offenders with Disordered Gambling

Correctional populations are disproportionately burdened by disordered gambling; yet, problem awareness is minimal among both offenders and professionals within the criminal justice system. The aims of the current study were twofold: (i) to examine gambling attitudes and problem awareness among ex-offenders, and (ii) to determine the efficacy of a brief online gambling intervention for ex-offenders. Participants (N = 126) were ex-offenders on probation and parole. Gambling attitudes, attitudes toward treatment, and disorder gambling status were assessed. Disordered gamblers (n = 102) were randomly assigned to (i) a brief intervention plus referral to treatment or (ii) referral to treatment only, and these individuals were re-assessed at a 30-day follow-up. Lifetime disordered gambling was highly prevalent (86%) in the ex-offender sample, and providing information regarding disordered gambler status and referral to treatment was effective in decreasing gambling attitudes, as well as gambling severity and frequency. The current study has direct implications for treatment and intervention efforts among ex-offenders with disordered gambling and yields a greater understanding of attitudes toward gambling among ex-offenders.     

劳动规章制度效力模型研究

用人单位劳动规章制度的效力原则主要有明确性原则、比例原则和除外原则。明确性原则应当摒弃,比例原则应当借鉴,除外原则需要甄别。劳动规章制度效力阶位可以分为"效力模型"和"基准模型"两大体系。一般"效力模型"是指法律(劳动法或基准法)效力最高、集体合同第二、劳动合同次之、劳动规章制度(含劳动纪律)最低;"基准模型"指劳动规章制度的基准最高、劳动合同基准第二、集体合同次之、法律(劳动法或基准法)最低即为兜底条款或底线。     

法的有效性探析——从法的内容到法的实现

法的有效是指法能够有效地为人们的行为提供指引,并以此来实现立法目的.与法的有效相对立的是法的无效,即法没有得到遵守和执行.但在这中间还存在另一种情况,即法虽然对人们的行为产生影响,但并没有实现立法目的,甚至与立法目的相反.为保证法的有效性,如何在立法、守法和司法过程中适当保持社会所公认的价值观念的影响显得犹为重要.     

经济法社会责任本位浅析

经济法是社会责任本位法,国内外学者对此有不同的见解,从社会整体经济利益出发,对经济法和民法诸多方面进行比较和探讨,说明经济法是国家进行良性干预之法,是经济领域的法律社会化,是真正意义上的社会责任本位法。     

Short Term Change in Attitude and Motivating Factors to Change Abusive Behavior of Male Batterers after Participating in a Group Intervention Program Based on the Pro-Feminist and Cognitive-Behavioral Approach

The Domestic Abuse Education Project (DAEP), in Burlington, Middlebury, and St. Albans, Vermont, is a group based domestic abuse intervention program, based in a pro-feminist and cognitive-behavioral approach for domestic violence intervention and prevention. A pre and post-test instrument was developed and implemented to determine short-term change in attitude of participants and motivating factors to change behavior, after completing the twenty-seven session program. After the program, participants reported a positive change in attitudes regarding their abusive behavior and stereotypical beliefs about women. Participants were also more motivated to change their behavior by the effect abuse has on their family relationships. However, many participants continued to agree that insecurity, jealousy, and alcohol and drug use can cause violence. The positive changes in attitude and motivational factors show that this is an effective model in changing underlying batterer attitudes that provide rationale for abusive behavior.     

视听资料证据效力探讨

视听资料作为一种独立的诉讼证据种类 ,其合法性取决于制作、收集与证据合法性三者之间的结合关系。对视听资料的采信应采取“真实采信例外”的原则 ,对侵害被监听人合法权利之外的视听资料 ,应由法官自由裁量。     

THE COLLABORATIVE DIVORCE PROJECT: A Court-Based Intervention for Separating Parents with Young Children

The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation/divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.     

毒品犯罪案件证据应用若干问题研究

近年来,面对毒品犯罪的蔓延,司法机关打击毒品犯罪的任务十分艰巨。随着我国民主与法治建设的深入发展,打击毒品犯罪对证据的要求越来越高。当前在打击毒品犯罪中涉及证据运用方面还存在许多问题,公安机关在办案实践中应当予以关注。     

PARENTAL CONFLICT RESOLUTION

Six-, 12-, and 15-month follow-up data are presented evaluating a program for high-conflict parents. Funded by a grant from Health and Human Services, the program's content reflects an extensive review of research literature, including the relevant literature on personality disorders. Introduced in Phoenix, Arizona in October 1999, the program has served more than 1,000 families in several jurisdictions. Whereas other programs for entrenched, high-conflict cases are typically time intensive, involving 2 to 6 months, this is a one-time 4-hour program. As such, the authors are heartened to report a suprisingly positive—and enduring—response from the parents.