财产权对人格权的积极索取与主动避让

财产权与人格权的关系历来是充满争议和左右徘徊的问题。传统理论认为人格权是内在于人且具有绝对的不可侵犯性,在与财产权冲突时优先。但并非所有人格要素都是内在于人,物质性人格权,尤其是身体权和生命权具有绝对优先性,财产权面临生命和身体冲突须主动作出自我牺牲性避让,甚至是以作为方式提供救助,而一些非物质性人格利益并不具有内在性和绝对不可侵性,财产权则可以对其实施积极索取,但在一定临界点,也必须立即停止积极索取行为,只是这种避让无须作出自我牺牲,无须作为。     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

司法权威·法官规训·制度网络——对法官角色的一种法社会学分析

现代法治社会中,法官充当着社会治理的重要角色,而实现良善的治理效果却是以"治理"法官为基础的.在现代社会对法官的治理主要是通过知识规训、体制规训、道德规训等多个层面来进行的,而我国传统家国式的治理模式,行政与司法合为一体,法官不仅没有获致应有的权威性,而且治理法官的机制也存在着诸多弊端.因此,当前我国应该通过多重规训机制的综合来逐渐调和司法职业化与生活化、法官精英化与法院官僚化之间的现实冲突.     

WHAT IF ALL THE MONEY CAME HOME?

Since its inception, the public child support program has functioned primarily as a welfare cost recovery mechanism: $2.1 billion of child support collected annually for current and former welfare families is kept by the government to repay welfare costs. However, Wisconsin research findings suggest that low-income fathers pay more support and are less likely to work in the underground economy when support payments are passed through to their children. Regular support reduces poverty and welfare use, and increases child well-being. A consensus has emerged to reform distribution rules so that more child support is paid to the families, not to the government.     

Coping Strategies in Young Male Prisoners

The general aim of this study is to analyze diverse aspects relating to the use of coping strategies among prison inmates. The specific objectives are (a) to analyze which type of coping strategies predominate among prisoners, considering both the focus and the method; (b) to relate the use of coping strategies with variables related to the prison environment: time spent in prison, previous convictions (first-time vs. repeat offenders) and custodial status (remand vs. convicted inmates); (c) to relate the coping strategies with the appraisal of the stressing situation previously described by the prisoners; and (d) to relate the cognitive level to the strategies used. The sample is composed of 107 males between 18 and 25 years of age in the Centre Penitenciari de Joves de Barcelona (Spain). The coping strategies were analyzed by means of the Coping Responses Inventory Adult Form (CRI-Adult; Moos, R.H. (1993). Coping Responses Inventory. CRI-Adult Form. Manual. Psychological Assessment, Resources, Inc., Odessa, FL.). The data indicate that the predominant strategies are those of cognitive approach. Likewise, it was found that there was a certain relationship between the appraisal of the problem described and the strategies used. The variables time spent in prison and previous convictions influenced the use of specific coping strategies. No connection between coping strategies and the intellectual level was found.     

论我国劳动争议处理体制的完善

“一调一裁两审”是我国现行的劳动争议处理体制。随着经济体制改革的深入,特别是企业劳动制度改革的深入,在司法实践中,诸如:解决劳动争议的周期长、成本高,劳动争议委员会法律地位不明确,仲裁机构本身具有局限性,弱化了仲裁高效率的职能,损害了劳动仲裁的权威性,仲裁与审判之间缺乏协调等问题越显突出。实行“或裁或审,裁审分轨”“两裁终决”,完善“三方机制”,通过制定法律法规,建立劳动法院,实行“两审终审”制等措施建立并完善现行劳动争议处理体制,使之促进市场经济健康稳定发展,也与国际劳动争议体制相接轨。     

The Role of Trust in Nurturing Compliance: A Study of Accused Tax Avoiders

Why an institution's rules and regulations are obeyed or disobeyed is an important question for regulatory agencies. This paper discusses the findings of an empirical study that shows that the use of threat and legal coercion as a regulatory tool--in addition to being more expensive to implement--can sometimes be ineffective in gaining compliance. Using survey data collected from 2,292 taxpayers accused of tax avoidance, it will be demonstrated that variables such as trust need to be considered when managing noncompliance. If regulators are seen to be acting fairly, people will trust the motives of that authority, and will defer to their decisions voluntarily. This paper therefore argues that to shape desired behavior, regulators will need to move beyond motivation linked purely to deterrence. Strategies directed at reducing levels of distrust between the two sides may prove particularly effective in gaining voluntary compliance with an organization's rules and regulations.     

Punitive Damage Decision Making: The Decisions of Citizens and Trial Court Judges

Some states have allocated the authority to determine the amount of punitive damages to judges rather than to juries. This study explored the determination of damages by jury-eligible citizens and trial court judges. The punitive damage awards of both groups were of similar magnitude and variability. The compensatory damages of jurors were marginally lower but, in some conditions, were more variable than the compensatory damage awards of judges. Both groups appropriately utilized information about both the actual and potential severity of the harm to the plaintiff in determining punitive damages and used only the actual severity of the injury in determining compensatory damages. The punitive damage awards of both groups were influenced by the wealth of the defendant, but the compensatory damage awards of judges were marginally more influenced by defendant wealth than those of citizens. The results are discussed in the context of proposals for punitive damages reform.     

当代中国“司法不独立”的原因及对策

本文探讨了当代中国存在"司法不独立"问题的原因,认为人们在如何认识"司法独立"问题上存在误区;在提高法官素质问题上陷入先有鸡还是先有蛋的怪圈;现行的错案追究制影响了法官独立地行使审判权.在我国当前司法权尚处于权利弱势的情况下,提出了解决当代中国的"司法不独立"问题的几点对策.