论小区停车法律责任的认定

由于对小区停车法律关系性质的理解存在巨大差异,无论理论界或实务界对小区停车法律责任的认定始终没有形成统一的意见。文章通过对小区停车法律关系性质的分析,以小区停车场的不同权属为切入点对小区停车法律责任的认定分三个方面进行讨论。     

Distributive justice and willingness to pay for municipality child care

With the aim of investigating factors affecting willingness to pay for municipality child care, a survey was undertaken in Sweden of 1840 parents living in five municipalities of different sizes. On the basis of the greed-efficiency-fairness hypothesis (Wilke, 1991) which is supported by results from experimental social dilemma research, it was hypothesized that perceived fairness of how the quality of child care is distributed (equal, proportional to need, or proportional to payment) as well as of method of payment (collectively by taxes or proportional to use by fees) would be important determinants of willingness to pay. Results showed that perceived fairness of how quality of child care is distributed played some role but that other factors had stronger effects. Perhaps also reflecting fairness considerations, willingness to pay by fees was on average higher than willingness to pay by taxes. Predicted from previous research, willingness to pay by taxes was furthermore found to increase with income and degree of use. However, willingness to pay by taxes showed an increase rather than the predicted decrease with municipality size.     

STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

论医疗合同关系

医患法律关系是医事法规在调整医方与患方之间的关系中所形成的权利义务关系.其中医疗合同关系是一种不同于一般合同的特殊的民事法律关系.以民法的基本理论为依据,结合我国现实情况,力求通过对医疗合同的成立、性质、特征、主体、合同效力及其终止等方面的问题进行研究,阐明医患双方当事人各自所应承担的法律责任,归纳出更为公正、合理的解决医患纠纷的对策和理论依据,以服务于建设社会主义法治国家的需要.     

医疗行为过失的判定

界定医疗纠纷民事诉讼中医疗行为过失的概念,并探讨判定医疗行为过失诸多因素。是否构成医疗过失是司法部门处理医疗纠纷的重要依据,认定医疗行为过失的主要途经是通过医疗纠纷技术鉴定,当前对医疗行为过失的认定尚需进一步的完善,以适应目前对医疗过失的判定。     

论警察的社区照管紧急权——以美国法为范例的考察

警察在应对紧急情况的过程中,可以行使紧急权力。以美国法为范例,介绍了美国法院有关执法紧急权和社区照管紧急权的相关规定,考察了警察社区照管紧急权法律界定及运作原则。     

Sanctioning risky life-styles: Attitudes toward solidarity or equitable distribution of health care

Rising costs of medical care and increasing knowledge about behavior-related health risks favor the use of the equity principle in health care allocation. This paper deals with attitudes to the question of whether or not one's payments should be contingent upon the risks one takes. From an explorative analysis of arguments espoused by letter writers from a Dutch health magazine, it becomes apparent that equity plays a major role in the respondents' views of the distribution of health care facilities. Next, the role of attribution in adopting attitudes toward risky life-styles is studied on the basis of a survey using a representative sample of Dutch households. Beliefs about the individual ability to influence health have no effect on risk solidarity, whereas beliefs about the proper amount of effort to avoid health risks do have an effect.     

Developmental states,civil society,and public health: Patent regulation for HIV/AIDS pharmaceuticals in India and Brazil

While both India and Brazil are seriously affected by the HIV/AIDS epidemic, each country has chosen a different approach to providing affordable pharmaceutical treatment. Whereas the Indian government has paved the way for market-driven solutions, Brazilian public authorities are strongly involved in the research and production of HIV/AIDS medication. Brazilian regulations permit comprehensive and free provision of HIV/AIDS drugs, whereas the majority of the affected population in India does not receive adequate pharmaceutical treatment. To explain the different policy outputs, we draw on the developmental state literature. Efficient decisionmaking structures, a devoted bureaucracy, and effective policy instruments enable public authorities to provide public goods even in the context of relative scarcity. We show that the assumptions of developmental state theory have to be complemented by the assessment of civil society actors' potential to trigger governmental interventions in the market.     

Mental Health Court Outcomes: A Comparison of Re-Arrest and Re-Arrest Severity Between Mental Health Court and Traditional Court Participants

Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.