行政权滥用的预测与防范

行政主体面对在执法中潜在的隐患和未来的不利因素时,因缺乏较好的认知意识和防范机制,在面对权力欲、金钱欲和物质欲望的刺激时容易丧失免疫力,导致以权谋私、权钱交易等为求利益而滥用行政权的问题产生。行政权滥用严重干扰了经济与社会的健康发展,阻碍了国家法治目标的实现。行政权滥用具有事先预防的可能性,本文以政府自身建设为基点,通过对执法程序中可能存在行政权滥用的环节进行事前预测和分析,提出了科学有效的事前防范与控制机制,以此作为实现依法行政的制度保障。     

Necrotizing fasciitis: manifestations, microbiology and connection with black tar heroin

A 10-year review of records of the King County Medical Examiner's Office found 87 deaths due to necrotizing fasciitis and related necrotizing soft tissue infections. In 64 of these cases there were sufficient details to provide an analysis of the manifestations, microbiology, and source of infection. One half (32) of the cases were due to injection of black tar heroin, the nearly exclusive form of heroin in the Northwest United States. Of those due to black tar injection, 24 were clostridial infections with various species represented, eight of which were Clostridium sordellii. Of the 32 cases not associated with drug injection, streptococcal species predominated, with Streptococcus pyogenes isolated in 14 cases. Only three of 32 cases not associated with injection drug use were clostridial infections. These differences were statistically significant. Staphylococcus aureus was isolated from 14 cases; two were methicillin-resistant strains. Overall, 28 of the 64 cases were polymicrobial infections, 15 due to black tar injection and 13 not associated with drug injection. This study supports the conclusion that necrotizing fasciitis due to black tar heroin injection is predominantly a clostridial disease, and in this way differs significantly from necrotizing fasciitis due to other causes.     

电力企业滥用市场支配地位行为的法律规制

随着技术革新和经济的迅速发展,作为传统自然垄断产业的电力行业已呈现出潜在的竞争性.目前,世界各国政府正通过一系列的立法活动对电力行业的竞争行为进行规制.电力企业滥用市场支配地位行为是一种妨碍市场竞争、损害消费者利益的非结构性垄断行为,对此类行为的规制是各国反垄断法的重要内容,属于完全的行为规制.     

夫妻忠实义务与配偶权问题述略——兼评“法律道德主义”的批评

文章认为现行婚姻法修订中 ,应确认夫妻忠实义务和配偶权 ,以体现社会主义法与社会主义道德的协调一致。     

A Grounded Theory Study of Collaboration in Multidisciplinary Teams

The multidisciplinary team response to child abuse emerged during the 1980s as increasing numbers of reports brought recognition that one agency alone lacked the expertise and resources to effectively deal with this complex issue. Using constructivist grounded theory, we interviewed a diverse sample of frontline team members about how they perceived collaboration and working with representatives from different agencies responsible for child abuse investigations. The study revealed how team members rely upon relationships built over time through shared experiences to facilitate communication and information sharing. Findings suggest multidisciplinary team members face challenges and collaborative relationships may mitigate these circumstances.     

A Tale of Two Inquiries: Sans Everything and Ely

The government acknowledged scandalously poor care of long‐stay patients in National Health Service (NHS) hospitals in 1969. This followed the Ely Hospital inquiry, which emerged in the aftermath of revelations of abuse at seven hospitals described in Barbara Robb's book Sans Everything: A Case to Answer (1967). Allegations in Sans Everything and at Ely were similar. However, the inquiry committees which investigated, ‘disproved’ those in Sans Everything and upheld those at Ely. The Ely inquiry became pivotal to NHS policy reform for long‐stay mental illness and mental handicap hospitals, and for giving patients and their families a greater voice if they had concerns about inadequacies. This paper explains the relationship between Sans Everything and ‘Ely’ and analyses the impact of Robb's work—her high‐profile press campaign, networking, and determination to achieve improvement—which triggered revelations at Ely and elsewhere, and helped shape the course and constructive outcome of the Ely inquiry.     

Fictional power and control and the reality of abusive behaviour

In response to recent sociological studies that suggest that the seriousness of psychological, emotional and verbal abuse are not only dismissed but are also the least identified in dating relationships, this article undertakes an analysis of these underexplored, ‘less visible’, elements using Ellen Pence and Michael Paymar’s ‘Power and Control’ and ‘Equality’ wheels, it compares Stephanie Meyer’s 10th anniversary re-release of Twilight, and Life and Death: Twilight Reimagined, which tells the same story as Twilight, but with the genders reversed are compared using the ‘Power and Control’ and ‘Equality’ wheels. The author argues that Life and Death is not just a simple swap of names and pronouns, as Meyer asserts, but that the alterations of thoughts and actions of the characters reflect commonly held ideas about gender, including the perpetration of psychological, emotional and verbal abuse in intimate relationships as hallmarks of masculinity. Moreover it shows that consistent with the feminisation of vampire Edythe Cullen and mortal Beau Swan, the intimate relationship in Life and Death more closely resembles that of a non-violent and equitable relationship, which significantly lessens the abuse, and reinforces traditionally socially accepted messages about gender in intimate relationships.     

超市收取通道费滥用市场支配地位浅析

超市通道费是近年来热议的“新名词”,零售商收取通道费是否属于滥用市场支配地位争议颇多。文章从通道费收取的现行制度规定入手,探讨了通道费收取对于市场竞争的作用,随后对通道费收取是否构成滥用市场支配地位进行界定与分析,并指出我国立法之不足。     

农村集体土地征收与私权保护

本文就现行农村集体土地制度存在的土地所有权主体错位、土地所有权权能不全、土地所有权主体的权利得不到法律的有效保护、土地流失严重、土地承包关系不稳定等弊端进行了分析,并就如何建立科学、可行的农村集体土地所有权制度作了粗浅的探讨,以期更好地保护被征收人的合法权益。     

贿赂犯罪的权力分析

贿赂犯罪作为一种以权谋利的犯罪类型,与国家权力系统的构建、分配、行使和制约密切相关。其关联体现在:权力社会化为贿赂犯罪的生存提供了社会基础;权力异化是贿赂犯罪生成的根本原因;权力滥用是贿赂犯罪目的的实现手段。要从根本上预防和控制贿赂犯罪,必须加强权力制约,防止权力异化和滥用,这就需要构建系统的以权制权、以法治权、以舆监权的机制。