论责任保险的第三人性

责任保险即第三者责任保险,第三人性是责任保险的一个基本特征,并且是责任保险最本质的特征.只有从责任保险第三人的法律地位,第三人的请求权基础及其意义的角度出发,才能证明责任保险的第三人性是责任保险最本质的特征.     

日本的抗震救灾之法——5.12汶川大地震所引发的冷思考

5.12汶川大地震巨灾之后,一些利益纠葛渐渐呈现出来,大量的民事关系,如宣告死亡、失踪,银行存款、财产继承等,急需通过法律程序依法予以确定。而现有的法规,在应对空前灾难下的非常态司法环境时,空白频现。如何依法救灾、依法重建,用法治的理性和公正,恢复灾区的正常节奏;如何在付出巨大代价之后,让我国应对紧急状况的法规更完善、为公民编织更周全的保护网——这些都是继地震大灾之后需要我们冷静面对和思考的问题。     

于侵权法危机的思考

无过失责任的引入,责任保险制度和社会保障制度的建立,给侵权法带来了一定的冲击,但侵权法赖以生存的基础尚未受到动摇。这并非是侵权法的危机,而是侵权法获得更好发展的契机。这场危机的实质是我们固有法律思维的危机。     

Adoptions Gone Awry: Enhancing Adoption Outcomes Through Postadoption Services and Federal and State Laws Imposing Criminal Sanctions for Private Internet Rehoming

The federal government should invest in adopted children who make up the future of the country and are in dire need of rehabilitation and therapy because of their past circumstances. If the government steps in to rescue vulnerable children from inadequate or abusive birth parents by removal, it should also intervene when adopted families are faced with behavioral problems of adopted children that the adopted parents cannot address on their own. Postadoption services need to be accessible and effective to ensure the success of adopted families. Assisting families in crisis postadoption will lower the instances of dissolution and rehoming and keep adoptive families intact. In cases in which postadoption services fail, uniform federal legislation is necessary to make it a federal crime to advertise children for adoption on the Internet without proper certification and state legislation is required to make it a crime to pass on adopted children to strangers without judicial consent, to dissuade Internet rehoming. Internet rehoming of adopted children should be a serious crime as it is tantamount to child trafficking.© 2014 Association of Family and Conciliation Courts

Key Points for the Family Court Community:
• Postadoption services need to be more accessible and more narrowly tailored to the needs of adoptive families to ensure the success of adoptions.
• Better postadoption services create better adoptive families and adoptive parents will not reach the point of dissolution or private Internet rehoming.
• Adoptive parents should be provided with information regarding all available postadoption resources after adoption is finalized and a government Web site should be created that lists all available resources.
• The federal government needs to provide funding to states that specifically target postadoption services.
• A uniform federal statute is required to punish parties who use Internet forums to avoid government oversight and privately rehome their adopted children.
• States should enact laws that criminalize the unauthorized interstate placements of children.

     

Increasing access to rural maternal health services in Zambia through demand-side interventions

This paper examines a demand-side intervention that significantly increased access to maternal health services in rural Zambia in a context where skilled birth attendance rates had been stagnant for over two decades. Aspects of the intervention design that were crucial to the programme's success were the participatory and adult learning-centred approach used to mobilise intervention communities, the use of a community volunteer model, and the design's sensitivity and responsiveness to underlying social factors and problems. The demand-side intervention is already being scaled up in six districts, and is highly suitable for national level scale-up.     

China’s Response to the Ebola Virus Disease in West Africa

This article examines the Chinese response to the Ebola outbreak in West Africa, first surveying Chinese interests in Guinea, Liberia and Sierra Leone. Many Chinese workers have been evacuated and projects postponed. For the first time, China has extended humanitarian aid to countries facing a public health emergency. China is under pressure to ‘do something’ but faces its own developmental challenges as well as problems of logistics. Chinese knowledge of Africa is still relatively weak and uninformed. Although China’s assistance dwarves that from the other BRICS, the Ebola crisis has revealed problems in Sino-African relations, not least the gap between rhetoric and reality.     

Community rehabilitation workers as catalysts for disability: inclusive youth development through service learning

This paper explores access to health and education for disabled youth in sites with and without community rehabilitation workers (CRWs). A cross-sectional survey using a structured questionnaire was undertaken in nine sites in South Africa, and a snowball sample of 523 disabled youths of both sexes, aged between 18 and 35 years, was selected. The survey found that a significantly larger proportion of disabled youth living in sites with CRWs were seen by health care workers at home, and that there was a large difference in educational access between sites with and without CRWs. CRWs are well positioned to promote equal citizenship for disabled youth through service learning with occupational therapy final year students to improve access to health and education, so that barriers to their participation in economic development are removed.     

Farmers,peanuts, and aflatoxins in Uganda: A gendered approach

This article describes a collaborative research for development project that used participatory methods to engage smallholder farmers in Uganda in post-harvest aflatoxin management. It is based primarily on qualitative research with peanut growers tracing ‘the path of the peanut’ through their hand-drawn maps and journal writing. By focusing on everyday life and including recipes and drawings, this research encouraged women's participation and emphasised women's roles. A unique partnership among universities, women's organisations, and farmers created an environment of mutual learning and produced a book documenting food preparation and other post-harvest practices as part of a study and capacity-building effort on peanuts and aflatoxins.     

论新保险法中存在的几个问题

现行保险法虽然进行了修改 ,但存在诸多不足。主要表现在遗漏了保险公司的重要组织形式———相互保险公司 ;限制了保险业的资金运用形式 ;忽视了无效的保险合同制度 ;缩小了保险代位权的适用范围     

老年人保健品诈骗犯罪侦查研究——基于大数据背景

老年人保健品诈骗犯罪具有职业化、犯罪对象范围明确、犯罪手段多元、隐蔽且变异性强等特点。传统侦查方法面临受害人不能及时报案失去破案先机、侦查投入成本高、部门间协调机制不畅等困境。大数据技术可以满足人民群众快侦快破的新期待,在提供明确的侦查方向、实现犯罪深挖、助力控赃挽损等方面实现新突破。在大数据背景下,建立数据驱动侦查的大数据思维,加强警企合作并拓展整合数据来源,完善线上线下协同作战模式,提升民警的大数据侦查专业素养,有助于老年人保健品诈骗犯罪案件侦查机制的完善。