民初大理院审判独立的制度与实践

清末颁行之《法院编制法》首倡审判独立 ,可是成效未彰清室已亡。民国初期 ,民国北京政府所颁行之宪法文件皆明定审判独立原则 ,当时的最高法院———大理院依照宪法原则以及法院编制法 ,厉行审判独立 ,其影响横向及于其他中央机关 ,纵向影响及于地方司法机关 ,可谓最大限度地排除了其他机关对审判权的干涉。然而民国初期正值军阀混战、政局纷扰之际 ,大理院所致力的审判独立事业亦难免为时局所累。     

EARLY NEUTRAL EVALUATION IN DIVORCE CASES

Parties in a divorce case are faced with the challenge of dealing with highly charged emotional and financial issues simulataneously. Early Neutral Evaluation is a beneficial weapon in the dispute resolution arsenal that can help decrease the level of conflict between parties. This Note discusses the development of Early Neutral Evaluation as a form of dispute resolution and proposes the establishment of court-organized mandatory Early Neutral Evaluation programs to settle financial matters in a divorce case.     

初唐时期的祥瑞与雅颂文学

初唐时期统治者对天降祥瑞表现出极大的兴趣和政治依赖,受其影响不但产生了大量润色鸿业、歌颂祥瑞的表奏赋颂,而且渐渐形成了初唐诗歌"观照自然"的一种普遍的心理状态,确立雅颂文学写作的基本感发方式.在具体的景物描写以及咏物的过程中,也着重强化融和绚丽的嘉祥气氛,甚至表现民间生活的风物之美,佛寺道观的福地圣域都受到这种心态的影响.     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.

     

Early maladaptive schemas in convicted sexual offenders: Preliminary findings

Core cognitive schemas may play a role in the vulnerability for sexual offending. Identifying these schemas could help to conceptualize sexual crimes and rehabilitate convicted sexual offenders. The aim of this preliminary study was to explore the relationship between early maladaptive schemas (EMSs) and sexual offending, as well as how rapists and child sex molesters differ in terms of these schemas. Thirty-two men convicted for rape, 33 convicted for child sexual abuse, and 30 non-offenders were evaluated using the Young Schema Questionnaire (YSQ-S3) and the Brief Symptom Inventory (BSI). Results showed that participants convicted for child sexual abuse presented significantly more schemas from the disconnection/rejection, impaired autonomy/performance, other directness, and over vigilance/inhibition domains than non-offenders, whereas rapists presented more schemas from the impaired autonomy/performance domain than non-offenders. Differences between sex offenders showed that child molesters presented more schemas of pessimism than rapists. Preliminary findings suggested that EMSs may impact sex offender's perceptions about themselves and about the world. Schema-focused therapy (Young, 1990, 1999) may thus be an acceptable approach to sex offender's psychological assessment and intervention.     

Faster and as Satisfying: An Evaluation of Alaska's Early Resolution Triage Program

The Alaska Court Early Resolution Program (ERP) addresses many issues – self‐representation in divorce and custody cases, triaging to determine the appropriate resolution approach, the importance of early intervention and the desire to use a simplified process and a problem‐solving approach. This article reports on an evaluation of the Anchorage ERP. It found different outcomes for ERP cases that settled than comparable cases that proceeded on the regular trial process track with respect to the following outcomes:

• time to disposition,
• number of staff processing steps and associated completion time, and
• number of motions to modify filed within two years of the disposition.

     

马克思主义在中国的早期翻译及传播

19世纪末期至20世纪30年代,是马克思主义传入中国的早期阶段.翻译作为马克思主义进入中国的必要条件和初始环节,对马克思主义在中国的传播起到了重要作用.翻译马克思主义的过程,也就是马克思主义中国化的探索和准备过程.从马克思主义译入中国的翻译主体、目的、内容、过程和特点等可以看出,翻译赋予了马克思主义以中国的特性,推动了马克思主义中国化的进程,为马克思主义本土化奠定了基础.     

大鼠急性早期心肌梗死细胞膜PNA受体表达

探测急性心肌缺血早期细胞膜PNA受体的表达特点。应用免疫组化法(S-P法)对32只SD大鼠急性心肌缺血早期不同时间心肌细胞膜凝集素受体的表达进行研究。结果发现:心肌缺血15min时,心肌局部可出现PNA染色阳性,且随着缺血时间的延长,其阳性表达面积明显增加;缺血2h;其表达水平达到高峰,呈弥漫性染色阳性,明显高于对照组;2h后,心肌缺血区域PNA受体的表达开始出现下降趋势。实验结果稳定,敏感性强,可为心肌缺血早期诊断提供客观的依据。     

心肌早期缺血再灌流损伤免疫组化观察

探询原癌基因c fos蛋白产物在心肌早期缺血再灌流损伤中的病理形态学改变。用SD大白鼠建立心肌早期缺血再灌流损伤模型 ,3 2只大鼠分为正常、缺血对照组与缺血再灌流组。心脏标本经HE染色及免疫组化观察。结果发现 :在缺血 3 0min再灌流 3 0min后 ,再灌流区心肌细胞有部分细胞核 ( 3 7 76%± 9 66% )呈弱阳性着色 ,而在缺血 60min再灌流 3 0min后 ,心肌细胞核 ( 4 0 3 4 %± 3 3 2 % )呈棕褐色阳性染色 ,但正常和单纯缺血组心肌细胞核未见有阳性反应 ;HE染色无明显改变。提示c fos蛋白免疫组化对显示实验性心肌早期缺血再灌流损伤有重要的价值     

Early detection and early intervention in prison: improving outcomes and reducing prison returns

Our aim was to investigate whether early detection was feasible in prison and whether it could improve mental health outcomes in young prisoners. A secondary aim was to explore whether it can reduce returns to prison. Between 2011 and 2014, a total of 2115 young prisoners were screened, 94 (4.4%) met criteria for ultra-high risk for psychosis and were offered an intervention, 52 actually received it. Return to prison data were sought on the 52 participants, receiving a formal intervention. Of the 52 prisoners who received an intervention, 30.8% returned to custody compared to national average reconviction rates of between 45.4 and 66.5%. Our results suggest that early detection is a feasible option in a prison setting, improving mental health outcomes and reducing returns to prison. Mental health outcomes were recorded for a sub-sample of those receiving the intervention. The results indicated statistically significant improvements on measures of depression, anxiety and psychological distress.