外国继承权丧失制度比较研究

继承权丧失制度是继承法的一项重要制度,它具有惩恶扬善的重要功能,并起到维护和睦文明的婚姻家庭关系的重要作用。然而,我国继承法有关继承权丧失制度还存在某些缺陷,笔者拟在对外国继承权丧失制度进行较为全面的比较评析的基础上,借鉴其有益的立法经验,结合我国实际,提出一些完善立法的建议。     

转继承与夫妻财产制

作为经常发生的现象,转继承问题的解决在理论和司法实践中具有重要意义。但我国《继承法》并未对转继承问题做出规定,因此,转继承问题在法学理论界引起了争议。明确遗产的法律地位,分析转继承的适用范围,并结合我国的夫妻财产制的规定,才能正确的处理转继承问题。     

Psychological models of mental disorder, human rights, and compulsory mental health care in the community

Recent amendments to the 1983 Mental Health Act in the UK (Mental Health Act 2007) include the controversial provision for: “supervised treatment in the community for suitable patients following an initial period of detention and treatment in hospital”. This provision is widespread, and more formal, in other English-speaking jurisdictions. Reviews of the international literature, human rights considerations and the perspective of psychological approaches to mental health care suggest that proposed ‘supervised community treatment orders’ are valuable, lawful, and compatible with the European Convention on Human Rights if certain specific conditions are met. Provisions for ‘supervised community treatment orders’ in the UK should be supported, but with the provisos that: the powers of the Mental Health Act are limited as in Scotland, to persons whose “ability to make decisions about the provision of [care] is significantly impaired”, that each order is time-limited and subject to review by a properly constituted Tribunal, and that the use of such orders should represent a benefit to people in terms of more appropriate treatment, or be a least restrictive alternative, or better preserve the person's private and family life.     

论家庭土地承包经营权的继承

当前关于土地承包经营权继承争论的症结在于：其一,没有区分现行土地承包经营权与改制后的土地承包经营权;改制后,土地经营权内涵与功能发生根本改变,其自由流转（包括继承）当无异无疑。其二,没有认识到土地承包经营权继承流转与其他流转方式的区别。继承是原承包经营权人死亡原主体丧失为前提,而转让、抵押、入股等方式流转则是以原承包经营权主体生存并且往往根据其意志进行。现行家庭土地承包经营权肩负着社会保障功能,人身性没有涤除,又鉴于中国人多地少的实际国情,因而不应当也不能够继承。问题的根本解决,应当消除家庭土地承包经营权的人身性。     

Section 8 orders on the public-private law divide*

While section 9(2) of the Children Act 1989 prevents a Local Authority from applying for a child arrangements order directly, a case file study of residence and contact orders made in 2011 found that a significant number of applications for residence orders in the County Court were supported and sometimes even instigated by local authority children’s services (Harding & Newnham, 2015). The findings of the study demonstrate that residence orders often formed part of solutions offered to the family and can even operate as an alternative to formal public law remedies in situations where the parents are no longer able to provide care, and grandparents or other relatives take over. In these ‘hybrid cases’ private law orders are used to resolve situations on the fringes of public law action and, in some cases, divert cases from voluntary accommodation or formal care proceedings. This article raises questions about whether cases are being diverted to private law remedies in an appropriate manner and argues that closer scrutiny of the practice is required to ensure that the rights of parents, children and kinship carers are appropriately respected.     

A Preliminary Study of Insect Succession in Al‐Ahsaa Oasis,in the Eastern Region of the Kingdom of Saudi Arabia

Rabbit carcass decomposition was examined in four seasons in Al‐Ahsaa Oasis. Decomposition rate was significantly faster in summer compared with other seasons. Fourteen insect species from four orders and seven families were recorded: Calliphoridae, Muscidae, Sarcophagidae, Formicidae, Histeridae, Dermestidae, and Tenebrionidae. Most of the fly maggots collected were Calliphoridae with only one species from both Muscidae and Sarcophagidae. Maggots of Calliphora vicina (R.‐D.) and Chrysomya albiceps (Wiedemann) colonized the carcasses in all seasons while both Ch. bezziana (Villeneuve) and Lucilia sericata (Meigen) were found in all seasons except for winter. Maggots of Chrysomya megacephala (F.) and Phormia regina (Meigen) were only collected in the summer and autumn, respectively. Four coleopteran species were collected: Hymenorus sp., Saprinus chacites (Illiger), Dermestes maculatus DeGeer and Blaps sp. One formicidian species, Pheidole megacephala (F.), was observed in all seasons. Insect richness was greater, and decomposition rate was faster in summer compared with other seasons.     

An Ecological Study of Nonresidential Services for Battered Women Within a Comprehensive Community Protocol for Domestic Violence

This paper is an ecological study of services provided to 392 battered women under a comprehensive domestic violence protocol. It focuses on microsystemic interactions between battered women and battered women's services and legal systems. We examine the relationships between women's receipt of services from a battered women's agency, receipt of protective orders, and completion of prosecution of batterers. We also explore the associations between women's receipt of services and protective orders and their partners' subsequent arrests and police contacts. We use open-ended interviews with battered women and with staff of the battered women's agency to expand and illustrate the quantitative data. The analysis shows that when a woman received battered women's services or had a protective order, a completed court case was more likely and numbers of arrests rose. We found that these associations were strongest when women received both battered women's services and at least one protective order.     

论专利许可与专利转让的对抗与继受

专利权人将专利许可给被许可人实施后,再将专利权向他人转让时,应当注意保护被许可人的既得利益,即从经济的角度出发使其能够继续实施专利、维持事业的延续。专利实施权的对抗制度就是在此种条件下调整被许可人与受让人之间冲突的一项法律制度。独占实施权、普通实施权等不同的实施权基于其自身特点应该有不同的制度设计。在具有对抗效力的情况下,如何保护受到此种对抗的专利受让人的利益也应该得到重视。在特定情况下将许可合同的某些条款让其继受也是维护受让人利益的一种措施。在考虑专利许可的对抗与继受问题时,需要结合具体的合同条款来分析,以期达到三方的利益平衡。     

Potential Use of Bacterial Community Succession in Decaying Human Bone for Estimating Postmortem Interval,,

Bacteria are taphonomic agents of human decomposition, potentially useful for estimating postmortem interval (PMI) in late‐stage decomposition. Bone samples from 12 individuals and three soil samples were analyzed to assess the effects of decomposition and advancing time on bacterial communities. Results indicated that partially skeletonized remains maintained a presence of bacteria associated with the human gut, whereas bacterial composition of dry skeletal remains maintained a community profile similar to soil communities. Variation in the UniFrac distances was significantly greater between groups than within groups (p < 0.001) for the unweighted metric and not the weighted metric. The members of the bacterial communities were more similar within than between decomposition stages. The oligotrophic environment of bone relative to soft tissue and the physical protection of organic substrates may preclude bacterial blooms during the first years of skeletonization. Therefore, community membership (unweighted) may be better for estimating PMI from skeletonized remains than community structure (weighted).