船舶留置权与船舶优先权顺位之思考

考察世界各国和地区的海商法及国际公约,船舶留置权的优先位次一般均被排在船舶优先权之后,我国《海商法》也是如此。然而这种立法并没有令人信服的理论依据和现实必要性。船舶留置权与船舶优先权之间存在利益冲突,船舶优先权恒定优先于船舶留置权这种立法并不妥当,权利人不同,船舶留置权的效力也不同,修船人的船舶留置权效力应优先于船舶优先权。     

东北亚国际秩序的转型与大国的角色定位

从世界发展趋势看,所谓国际体系的转型期即指目前的国际体系向世界体系转换的过渡期。这一转型期客观地要求各个大国的正确的角色定位,即由以往的霸权模式向主导型大国模式的转换。中国欲成为引领世界发展方向的主导型大国,不仅要从文化深层确立"类本位"意识体系,而且也要建构以"和谐世界"为核心并由正义、公正、合理、民主、共赢、和平为其结构的理念体系。     

Student conduct,restorative justice,and student development: findings from the STARR project: a student accountability and restorative research project

The STudent Accountability and Restorative Research (STARR) Project is a multi-campus study of college student disciplinary practices in the USA, comparing traditional conduct hearings that use restorative justice practices alongside traditional college student misconduct hearings. A coherent set of learning goals in college student conduct administration and a robust data-set capable of measuring student learning across different types of disciplinary practice, in particular, comparing traditional ‘model code’ practice with emerging restorative justice processes are examined. Integrating several student development theories, we identify six student development goals: just community/self-authorship, active accountability, interpersonal competence, social ties to institution, procedural fairness, and closure. The STARR Project includes data from 18 college and university campuses across the USA. We analyzed 659 student conduct cases based on surveys of student offenders, conduct officers, and other participants in the conduct processes. Using multiple regression to control for a variety of influences, we determined that the type of conduct process used is the single most influential factor in student learning. In addition, restorative justice practices were routinely found to have a greater impact on student learning than model code hearings.     

The attribution of responsibility in cases of stalking

There is a general belief that stranger stalkers present the greatest threat to the personal safety of victims, despite national victimisation surveys and applied research demonstrating that ex-partner stalkers are generally more persistent and violent. The just-world hypothesis offers a possible explanation for this apparent contradiction. The current research used nine hypothetical scenarios, administered to 328 university students, to investigate the assumptions that underlie attributions of responsibility in cases of stalking. It explores whether these assumptions are consistent with the proposed mechanisms of the just-world hypothesis, and whether they vary according to the nature of the perpetrator–victim relationship and conduct severity. Thematic analysis revealed that the victim was perceived to be more responsible for the situation when the perpetrator was portrayed as an ex-partner rather than a stranger or acquaintance. Furthermore, victims were perceived to be more responsible when the perpetrator's behaviour was persistent and threatening. These findings are discussed in the context of the just-world hypothesis and related to the proposed mechanisms by which a person can reinterpret a situation so that the perceived injustice disappears.     

Asymmetries in prior conviction reasoning: truth suppression effects in child protection contexts

Abstract

In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching victim bruising) as more indicative of guilt than right-handedness unless a prior conviction was present, and the presence of priors suppressed the generation of alternative possibilities indicative of innocence. Study 2 showed that disclosure did not decrease community ratings of re-offending propensity and dangerousness as much as a similar prior conviction increased them. We consider the results in the context of a new psychological theory of prior conviction bias and the consequences for the implementation of Section 100 of the Criminal Justice Act (2003).     

Integrating Proactive Discipline Practices into Codes of Conduct

Abstract

The purpose of this article is to advocate for proactive content in discipline codes of conduct. Proactive discipline codes integrate Positive Behavior Support (PBS) strategies (Sugai & Horner, 2002) and attend to the academic needs of students (McEvoy & Welker, 2000). Proactive discipline codes of conduct have meaningful participation by key stakeholders (Noonan, Tunney, Fogal & Sarich, 1999). The limited efficacy of traditional reactionary approaches commonly found in discipline codes are reviewed (McEvoy & Welker, 2000; Skiba & Peterson, 1999). Following this, an argument is presented for a new proactive stance in the development of written codes of conduct. Specific examples of content are presented in a table.     

Impediments to the implementation of voluntary codes of conduct in production factories of the Global South: so much to do,so little done

A common consequence of the fragmented supply practices of multinational corporations are unfair and exploitative working conditions in the global South. Many corporations face this, and the resulting reputational damage, by installing voluntary codes of conduct in their supplier factories, leading to a vast range of implementation practices by the factory managers. Despite this effort, the literature shows that the positive impact of these codes on labour conditions in such factories remains insufficient. This article argues that this insufficiency is rooted in the exclusiveness and eurocentrism of codes of conduct and elaborates on why corporations tend to prefer influencing certain labour conditions over others. It concludes by briefly discussing multi-stakeholder organisations as a possible solution to these predicaments, and points the way to further research on the topic.     

中美现有技术抗辩制度之比较

本文从中关专利无效宣告制度的差异入手,分析了现有技术抗辩制度在中关专利法中的不同地位及其不同功能。现有技术抗辩制度的适用规则由该制度在专利法中的地位和功能所决定。本文通过回顾中美适用现有技术抗辨制度的部分典型案例,分析了两国在现有技术抗辩制度适用规则上的差异,以及这些差异给我国带来的启示。     

简析《物权法》不动产登记机关的赔偿责任

《物权法》规定,房地产登记机关囚登记错误,给他人造成损害的,登记机构应当承担赔偿责任。但适并没有具体说明申请程序,责任性质和对损害赔偿的责任标准。就这些问题,笔者提出了一些的意见。登记机关如果登记错误,登记的权利状态不符合申请人提交的申请材料中的所请求的状态。审查的准则包括正式审查的立法和实质性审查。对损害赔偿责任的确定应取决于赔偿责任的构成要素,包括的主要内容和行为因素,此赔偿责任的标准应适用过错责任的原则。