论老年人任意监护制度

我国《老年人权益保障法》第26条确立了老年人任意监护制度,适应了人口老龄化问题突出、人权保障观念深化的时代背景,融入保障身心障碍者福利理念,弥补了老年人监护制度方面的立法空白.但是我国新确立的老年人任意监护制度仍存在受监护对象狭窄、缺乏具体实施办法、监护监督机制不健全等问题.针对我国老年人任意监护制度中存在的问题,该制度中关键的老年人委托监护合同与任意监护监督制度的配套规则亟需完善.     

LESSENING THE STING OF ASFA: THE REHABILITATION‐RELAPSE DILEMMA BROUGHT ABOUT BY DRUG ADDICTION AND TERMINATION OF PARENTAL RIGHTS

Congress passed the Adoption and Safe Families Act of 1997 (ASFA) as a response to children waiting in foster homes for years without permanent placement. In addressing the problem of permanency, however, Congress set a strict limit on how long a child could be in foster care (15 out of the most recent 22 months) before a state must either commence a proceeding to terminate parental rights or else lose valuable federal funding. Due to health care funding schemes and quality of treatment, this requirement, in particular, negatively impacts parents currently in drug rehabilitation whose parental rights may be permanently terminated before a realistic chance to recover is permitted. Although ASFA requires that states make “reasonable efforts” to keep families united, it does not define “reasonable efforts,” leaving parental rights and family unity subject to a chaotic interpretation of this requirement from state to state. “Reasonable efforts” should be interpreted to take into account current drug addiction and recovery research and drug court programs should be used to facilitate this goal. Research has shown that focusing on adequate treatment saves states money and improves the lives of children and their families, reducing the need for reliance on termination of parental rights.     

Sources of Leader Support and Interstate Rivalry

Since segments of the selectorate differently experience costs and benefits from rivalry, the foreign policy choices of leaders reflect these domestic preferences. As a result, shifts in the composition of the domestic coalition of support backing the leader provide a fundamental determinant of rivalry termination. While previous research sought to explore the relationship between domestic political turnover and rivalry termination using regime transitions as a proxy for turnover of the state’s domestic ruling group, in practice this measure exhibits significant disconnection with the quantity of interest. Further, there are alternative pathways through which regime transitions may lead to rivalry termination. I test the relationship using new data from the CHISOLS project, finding that when rivals undergo a change in the source of support that maintains the leader in office, the probability of rivalry termination rises dramatically. I further find that regime transitions have an effect on the probability of rivalry termination that is independent of the effect of ruling coalition turnover. This study thus both asserts the relationship between domestic political turnover and rivalry termination and clarifies the mechanism by which the relationship operates.     

谈提单仲裁条款的效力

提单产生于14世纪的欧洲,最初仅仅是一份货物收据。随着远洋运输与国际贸易的不断发展，承运人开始印制格式提单，并在提单背面记载大量免责条款。提单背面条款除了免贵条款外通常还有关于争议解决的仲裁条款。提单仲裁条款在海商法律制度中占有特殊的地位，是海上货物运输合同救济中一个重要环节。     

From Media Attention to Negotiated Peace: Human Rights Reporting and Civil War Duration

Violations of human rights in the context of a conflict have in recent years received an increasing amount of attention from the international media. Yet how such media attention influences conflict remains understudied and, a priori, uncertain. On the one hand, media coverage of human rights abuses may constitute “naming and shaming” that might temper hostilities. On the other hand, such coverage might spark intransigence and complicate negotiations among conflicting parties, thereby hindering rather than hastening peace. This article tries to adjudicate among these and other possibilities by exploring how media reporting on human rights abuses influences the development of conflicts. The analysis reveals that such reporting is associated with shorter conflicts and negotiated agreements between fighting parties.     

Dismissal policies in the united states and europe: Employment at will versus just cause

This article presents employment termination as a question of social justice. Two main competing models for legal rules governing the dismissal of individual employees are detailed: The U.S. modified Employment at Will approach and the common European Just Cause approach. A method of moral analysis is proposed for assessing the conflicting arguments behind each model. A series of questions are identified that can serve as a research program for arriving at a normative judgment concerning the relative moral merits of the competing models.     

行政强制执行中的比例

规范和控制执行行为的《行政强制执行法》即将出炉。该法应规定比例原则 ,应满足两个比例 ,即行政强制执行权分配合比例和执行手段合比例。前者指执行权在人民法院和行政机关分配符合适当性和必要性的要求 ,后者指执行手段应遵循适当原则、必要性原则和法益衡量原则。只有这样 ,该法才能体现公共利益和人民利益并重的现代法治观念 ,促进官民观念转变。     

The survival and termination of party mergers in Europe

Why do constituent parties that participated in a party merger that was intended to be permanent decide to leave the merger to re‐enter party competition separately? To address this question, merger termination is conceptualised in this article as an instance of new party formation, coalition termination and institutionalisation failure. Building on this conceptualisation, three sets of factors are presented that account for which mergers are likely to be terminated by constituent parties and which are not. To test these three sets of hypotheses, a mixed‐methods design is used. First, survival analysis is applied to a new dataset on the performance of mergers in 21 European democracies during the postwar period. The findings support hypotheses derived from a conception of merger termination as new party formation: pre‐ and post‐merger legislative performance significantly affect the probability of merger termination. Furthermore, the institutionalisation of constituent parties helps to sustain mergers if the latter already built trust in pre‐merger cooperation, in line with the conception of merger termination as institutionalisation failure. Two theory‐confirming case studies are then analysed: one case of merger survival and the other of termination. These case studies substantiate the working of the significant variables identified in the large‐N analysis that drove the selection of case studies. They also reveal how mediating factors difficult to capture in large‐N designs help to account for why factors that – theoretically – should have complicated the working of the ‘survival case’, and should have been beneficial to the ‘termination case’, did not generate the expected effects.     

延期或者分期缴纳罚款问题的探讨

行政处罚当事人申请延期或者分期缴纳罚款的,应当符合法律规定的条件,并在规定的期限内提出。在确定罚款延期或者分期缴纳的最长期限时,应注意不得逾越行政强制执行时效期间和申请人民法院强制执行的期限。至于分期缴纳罚款的期数,应当根据罚款数额的大小和当事人可预期的罚款缴纳能力等因素确定。为完善罚款延期或者分期缴纳审批制度,有必要规范和健全相关的申请、受理、审查和决定程序。