Cambodia and the United Nations - Legal Documents

ABSTRACT

This study examines the evolution of political party finance in Thailand, which has been crucial for party development. The nature of party finance cannot be examined separately from the country's democratization given that the military early on dominated political parties. At the same time, such financing traditionally depended upon either regional factions (for larger parties) or party leaders (for micro-parties), while state funding for parties was nonexistent. The 1998 and 2007 Organic Acts on Political Parties contained finance reforms to strengthen parties, making them more transparent and accountable. Yet these reforms have only been partly successful. Today party leaders, faction leaders, and the military continue to influence party finance. This study addresses the issue of party finance in Thailand by scrutinizing its historical evolution from the dawn of Thai parties and party laws in the 1950s to the present. The authors conclude, first, that the limited nature of party finance laws in the pre-1998 period legitimized military-backed parties while facilitating intra-party factionalism. Second, they contend that despite reforms in party finance laws in Thailand major flaws remain to be corrected.     

Assessment of the Capacity to Express Informed Consent for Organ Donation in Patients with Schizophrenia

Abstract: In Italy, the “silent‐consent” principle of donor’s willingness regulates organ donation for postmortem transplantation, but civil incompetence excludes it. We investigated decisional capacity for organ donation for transplantation of 30 controls and 30 nonincompetent patients with schizophrenia as related to clinical symptoms, cognition, and functioning. Assessments were carried out through the Competence for Donation Assessment Scale (CDAS), Brief Psychiatric Rating Scale (BPRS), Scale for the Assessment of Positive Symptoms (SAPS), Scale for the Assessment of Negative Symptoms, Life Skills Profile (LSP), Raven’s Colored Progressive Matrices (RCPM), Wisconsin Card Sorting Test, Rey RI, Rey RD, and Visual Search. Patients and controls differed on the CDAS Understanding and Choice Expression areas. Patients showed significant inverse bivariate correlations between CDAS Understanding and scores on total BPRS, LSP self‐care scale, and RCPM cognitive test. Our results show that decisional capacity for participating in research does not predict decisional capacity for postmortem organ donation in patients with schizophrenic or schizoaffective psychosis; hence, before judging consent for donation, patients must be provided with enhanced information to better understand this delicate issue.     

非营利组织筹资策略研究

非营利组织在我国无论在数量上还是质量上都有了增加和提高，缺乏资金是非营利组织面临的主要问题之一，影响其筹资的因素有经济发展水平、收入水平、社会文化和自身定位等。针对筹资中存在的问题，从拓宽外部援助渠道、扩大自创收入两个方面提出了非营利组织的筹资策略。     

Egg freezing and egg banking: empowerment and alienation in assisted?reproduction

With the development of rapid freezing of human oocytes, many programs have reported IVF success rates comparable to those achieved with fresh eggs and thawed frozen embryos. Egg freezing is now gaining professional and regulatory acceptance as a safe and effective technique for women who wish to avoid discarding excess embryos, who face fertility-threatening medical treatments, or who want to preserve their eggs for use when they are better situated to have a family. This article focuses on the uses of and justification for egg freezing, the path to professional acceptance, the variability in success rates, and the controversy over freezing eggs for social rather than medical reasons. It also addresses the emergence of egg banking as a separate sector in the infertility industry, the regulatory issues that it poses, and its effect on egg donation. Key here is the legal control of stored eggs by banking women and their options when they wish to dispose of those eggs. The analysis is framed around empowerment and alienation. Egg freezing is generally empowering for women, but the donation or sale of unused eggs to infertile women, egg bankers, and researchers also raises issues of alienation.     

社会责任视野下公司捐赠的多维度法律规制

我国现行《公司法》第5条规定了公司应当承担社会责任,该条关于公司社会责任的原则性规定从宏观上消解了公司捐赠的合法性危机,成为我国目前公司捐赠行为正当性的法律支撑。然而,社会责任视野下的公司捐赠涉及公司、股东、债权人以及社会等多方的利益冲突与平衡问题,对其正当性的理论与实践证成,是规范和引导公司社会捐赠的逻辑起点。公司捐赠的多维度法律规制是在立足于公司的社会性与营利性基础上,以平衡和协调诸方利益为基本思路,通过整合与完善公司法、合同法、财税法等法律部门的有关规定,最终实现社会责任视野下公司捐赠的＂可持续性＂发展。     

促进民营企业慈善捐赠的途径研究——基于浙江省1100家民营企业的调查

在对浙江省11个地级市的1100家民营企业进行问卷调查的基础上,运用二元logistic回归模型对民营企业慈善捐赠行为研究发现,＂企业慈善捐赠便利程度＂等对民营企业慈善捐赠行为没有显著影响,＂慈善捐赠税收减免力度＂等对民营企业慈善捐赠行为有显著影响。为了促进民营企业慈善捐赠,要加强监管慈善组织的力度,改善慈善捐赠对企业拓展业务的帮助度,加大慈善捐赠税收减免力度。     

企业慈善捐赠的法律规制

目前,我国企业慈善捐赠法律规制还不完善,企业慈善捐赠定性没有法律依据、立法上缺乏对捐赠企业及受捐者相关权利保障、企业摊捐劝捐现象随处可见。欲解决这些困境。必须在立法上将企业慈善捐赠纳入社会保障体系,明确捐赠企业与受捐人的合法权利,并对企业摊捐劝捐行为予以规制,引导企业主动捐赠。     

从公司捐赠看公司社会责任——基于道德与法律的二维空间

随着我国市场经济的发展,公司对社会的影响日益加深,公司社会责任问题日益引起学界和实务界的广泛关注.公司捐赠是公司承担社会责任的一种重要形式,从性质来看,这种责任是公司社会责任中的道德义务,它并不是公司必然承担的法律责任,不具有法律强制力.因此,公司是否为公益目的实施捐赠、捐赠的对象为谁以及捐赠的数额多寡,都属于公司的内部事务,任何人无权干涉.国家可采取税收优惠等激励措施,鼓励公司实施捐赠行为.     

Falling in love with a [sperm] warrior: conscripting women’s wombs to the dissemination of a religio-political ideology

This article focuses on the screening and marketing of sperm in Israel as a mechanism for enlisting women’s wombs to political goals. The background for the analysis is the recent rise in demand for sperm from combat soldiers during the war between Israel and Hamas. The data-set for the project is comprised of multiple sources which converge to provide evidence for the transfusion of Zionist ideology into sperm donation. The article suggests the compatibility of the venerated status gained by donors who are Israeli Defense Force combatants with Zionist militarism. The banks screen candidates for sperm donation based on their military service and military health profile. The discursive climate which glorifies ‘warriors’ permeates sperm marketing, contributing to the cultural reproduction of a militaristic ideology. The article concludes by contending that sperm banks provide a platform for a subversive discourse that triggers Enloe’s thesis of patriotic motherhood and the role of women in the process of militarization.     

The Human Transplantation (Wales) Act 2013: an Act of Encouragement,not Enforcement

The Human Transplantation (Wales) Act became law in Wales in September 2013. The Act aims to increase deceased donor organ and tissue donation in Wales by introducing a ‘soft opt‐out’ system to replace the previous requirement of express ‘appropriate’ consent under the Human Tissue Act 2004. Adults dying in Wales (with certain exceptions) will be ‘deemed’ to consent to donation, unless evidence of their objection is produced, and a duty is imposed on Ministers to promote transplantation and inform the public through awareness campaigns about how to choose the deemed status or opt out. Although a welcome development, these campaigns may obscure the effects of deemed consent, especially in the context of generally rising UK donation rates. There may also be problems of legal interpretation and of integration with the ‘opt‐in’ laws in the rest of the UK. In the absence of any statutory duty to retrieve all lawfully donated organs, the apparently restricted influence of donor relatives is likely to remain effectively dominant.