论修改《环境保护法》的几个问题

贯彻"十八大"关于"大力推进生态文明建设"的精神,将1989年《环境保护法》修改成对我国今后环境资源生态保护工作具有基础指导作用、长期引导作用、全面激励作用的综合性法律、政策性法律。修改后的法律应该是将生态文明建设摆在国家"五位一体建设总布局"突出位置、具有生态法特征的综合性法律;应该申明、宣示和规定环境法的基本理念、基本原则;明确规定公民的基本环境权利和义务,公民有享用清洁、健康的环境的权利,有保护环境的义务;明确规定环境公益诉讼;明确政府的环境责任,健全政府环境责任问责制;规定基本的环境法律制度和重要的环境法律措施,规定政策环境影响评价。     

民间借贷的软法治理模式探析

民间借贷作为民间融资的重要形式,在解决金融资源公平、有效配置问题方面发挥着不可替代的作用.目前,硬法治理模式在规范民间借贷时出现了系统性的制度缺位,随着软法治理模式的日渐兴起,民间借贷的软法治理方案成为一种弥补硬法局限的金融治理模式.通过分析不难发现,民间借贷与软法治理在制度供给与制度需求、价值取向和治理方式诸方面有较高的契合度.构建以保障民生为宗旨的民间借贷软法治理模式,将是理顺和规范民间贷关系的一种理性选择.     

Structural Funding in the Management of Cultural Heritage in Poland

ABSTRACT

This article concerns structural funding for Polish cultural heritage for the years 2007–13, focusing on the largest operational program, “Infrastructure and Environment,” financed by the European Regional Development Fund. It presents the results of empirical research based on a questionnaire study of a specifically selected group of projects funded under this program. The objective of the study was to analyze the outcomes of this funding upon completion of the financial perspective, presenting tangible and intangible results as well as potential external effects. The empirical data allowed the development of conclusions and recommendations, stressing the importance of the continuing improvement and development of the funding scheme.     

Children's reporting patterns after witnessing homicidal violence – the effect of repeated experience and repeated interviews

For both legal and clinical purposes, it is of importance to study children's memories and reports of stressful events. The present study investigated the reporting patterns of 83 children who had witnessed homicidal violence, which is considered to be a highly stressful experience. More specifically, we explored the possible effects of prior violence exposure and of repeated questioning on the amount of details reported. Results showed that the majority of children provided detailed reports about the homicidal violence they had witnessed, including details concerning what happened before, during, and after the violent act. The children provided detailed and vivid testimonies from their experiences, whether they witnessed the event for the first time or had prior experience of witnessing severe violence against the victim by the perpetrator. Children with no prior experience of repeated violence who underwent repeated interviews provided more details than those interviewed once. The present data indicate that children are competent witnesses when questioned in legal contexts after having been exposed to extremely stressful events. These findings have implications for research related to children's memories and reporting of traumatic experiences, as well as practical implications for future treatment and evaluation of children's testimonies.     

The legal possibilities of Antwerp widows in the late sixteenth century

This article assesses the ability of widows and other women in Antwerp to act independently of men to defend their economic interests and those of their children. Consideration is given to both legal norms and actual practice in a number of different areas including writing wills, making marriage contracts, managing financial assets and pursuing claims and defending themselves in the civil courts. Analyses of these issues indicate that widows in Antwerp enjoyed in practice a greater degree of independence than was available to widows in many other parts of Europe, despite their weaker position in law.

Particular attention is given to the role in Antwerp of women merchants whose position freed them from male control and supervision. It is argued that their favored status did not derive from the desire of the authorities to protect the interests of their male relatives or to advance the economic interests of these women. Rather their legal freedom is seen as reflecting acknowledgement of the importance of their business activities and the wish to safeguard the interests of their customers who could pursue claims against the woman merchant in the event of a dispute.     

Sailors' families and the urban institutional framework in early modern Holland

This article points to a largely neglected theme in the maritime history: the important role of sailors' families in urban seafaring communities during the Early Modern Period. At the end of the seventeenth century and during the first decades of the eighteenth century, about 20% of the crewmembers of the Dutch East India Company (VOC) were married. Accordingly, in the towns in Holland where the VOC was present, many women had to run a household by themselves for a long period of time. The sailors' families were often confronted by emotional and financial distress, which to some extent affected the financial expenses of VOC towns as well. Many of these families were however able to cope because they received material support from various urban institutions. The Company created a system that encouraged sailors to send their money home during voyages, while urban poor relief often temporarily complemented the family's budget. Contrary to other married women, wives of sailors could obtain the legal power to engage in financial transactions, or to have access to inheritances. Town councils, civil courts, church councils, charity institutions and the East India Company were all willing to help the seamen's families. Their motives were twofold: while urban communities benefited from financially stable families, and the VOC compensated for their low pay by offering their employees fringe benefits, the attitudes towards seamen's wives also indicate that the urban elites genuinely wanted to provide some assistance to these needy families.     

The cost of educating children: The accounts of a nineteenth century girls' boarding school in Orléans,France

Using a collection of 73 bills of a boarding school in Orléans (France), the article examines the cost of educating a child at the end of the nineteenth century. These bills concern the four daughters of a family from the Brittany nobility who each spent about 12 years at boarding school. Items on the bills reveal details of the daily life of the young girls through general boarding expenses, education costs, private lessons, clothing, medicine, and trips home for the holidays. Aspects of the family life of the girls and the boarding school (meals, religious instruction, health, and welfare) are described.     

Women's Substantive Representation: Defending Feminist Interests or Women's Electoral Preferences?

To what extent does the inclusion of marginalised groups in policymaking institutions influence policy outcomes? This article examines whether and under which conditions female legislators are more likely to represent women's interests compared with male legislators. Building on the literature on women's substantive representation, it is argued that the advocacy of women's interests by female representatives depends on a number of factors, namely party affiliation, contact with women's organisations, electoral district, and seniority. This argument is evaluated using vote-level fixed-effect models based on a unique data set from a direct democratic context that combines representatives' voting behaviour, women's voting preferences, and recommendations from feminist groups. The findings show that female legislators defend feminist interests more than their male colleagues but that they only marginally respond to women's electoral preferences. Moreover, gender has its most visible effect within the populist party.     

Violence against Women in Scandinavia: a Description and Evaluation of two new Laws Aiming to Protect Women

Violence against women by a present or former male partner has over the last decade been given a higher priority in the political discussion in all of the Scandinavian countries. Increasingly, violence in intimate relationships is viewed as a public rather than a private matter in these countries. With this change in attitudes and levels of political interest, higher expectations are placed on official authorities, including the criminal justice system, to deal actively with this social problem. In all of the Scandinavian countries it may, for example, be decided by a prosecutor that a woman should be protected from a man by issuing a restraining order. Moreover, a new offence called ‘gross violation of a woman's integrity’ was introduced into the Swedish penal code in 1998. With this offence, less serious but repeated violent acts committed by a man against a present or former female partner are to be judged as one serious offence. The stipulated sanction for this offence is imprisonment between 6 months and 6 years. The purpose of this article is to evaluate how the police, the prosecutors and the courts deal with this new offence. The article also present results from an evaluation of restraining orders in Sweden.     

Juvenile Justice in Scandinavia

The main issue is the legal protection of children and juveniles suspected of or convicted for crime. The age of criminal responsibility is 15 years in the countries concerned. Particular juvenile justice systems do not exist in Scandinavia. There are, however, exceptions from the general system in order to maintain needs, interests and rights of children and juveniles. Some common characteristics are described, for instance diversion of juveniles from prison into social welfare measures and the prohibition of placing children in jail. Individual characteristics are pointed out as well. Introduction of secure social institutions as an alternative to imprisonment in Sweden and Denmark is one, mediation processes with children as parties in Finland and Norway is another. It is argued that from the point of view of legality the demands for legal rights are of greatest importance in prosecution and punishment matters, whereas social welfare support is not to the same degree concerned about such questions. Furthermore it is argued that in spite of good intentions the Scandinavian countries challenge the UN Convention on the Rights of the Child, by not definitely prohibiting the possibility of a juvenile serving a prison sentence together with adults. It is stated that the distance between constructive pragmatism and destructive loss of principles as legality, equality and proportionality may be short. Crime trends are not linked to the politics: there is no relation between crime rates and political attention to crime. Juvenile justice has increasing political attention these years while the crime rates tend to be stable. In relation not solely to the economy and the Convention but first and foremost in the interest of children and juveniles more thought should be given to scientific experiences about early and appropriate prevention.