西方发达国家残疾人社会保障的成功经验对我国的启示

目前我国残疾人社会保障存在许多问题,不仅理念上只强调家庭的自我保障而忽视残疾人社会化的广泛参与,责任主体上单一而缺乏有效的互动性,而且政策上没有专项的社会救助和相关的法律保障。这些问题使得残疾人的特殊需求得不到很好地满足,残疾人的社会保障存在较大的随意性。西方发达国家残疾人社会保障成就卓著,不仅理念上由"人道主义"转变到"人本主义",责任主体由"一元"发展到"多元",而且建立了比较完善的专项保障制度和专门法律条例。因此,西方发达国家残疾人社会保障的成功经验对于我国残疾人社会保障事业的发展具有非常重要的启示和借鉴意义。     

LEGISLATING FOR SHARED PARENTING: EXPLORING SOME UNDERLYING ASSUMPTIONS

In 2006, the Australian parliament introduced new family law legislation about substantively shared overnight parenting arrangements between divorced couples. Other countries and state legislatures are currently debating the merits of similar legislation. A largely unquestionable premise underpins this reform, namely that the majority of children from separated families demonstrably benefit from the ongoing, warm and available involvement of both parents, in a climate of well-managed interparental conflict. The Australian legislation moves beyond encouragement of shared parenting in divorce cases with adequately functioning parents; it extends into grey areas which, to date, remain poorly serviced by credible research, including its application to children of all ages and to parents experiencing significant levels of ongoing conflict. Drawing on data from a longitudinal high-conflict divorce sample, this article challenges three assumptions that underpin a legislative preference for shared parenting, that shared parenting is viable and sustainable for divorced parents in conflict, that shared care enables improved cooperation between parents, and that as a result children will be less affected by their parents' conflict. The article further explores the influence of the mediation process on the choice and durability of shared parenting arrangements.     

死刑威慑力的犯罪学分析

Death penalty is the most effective deterrence to grave crimes, which has been the key basis for the State to retain death penalty. In fact, either in legislation or in execution, death penalty can not produce the special deterrent effect as expected. With respect to this issue, people tend to conduct normative exploration from the perspective of ordinary legal principles or the principle of human rights, which is more speculative than convincing. Correct interpretation based on the existing positive analysis and differentiation based on human nature which sifts the true from the false will not only help end the simple, repetitive and meaningless arguments regarding the basis for the existence of death penalty, but also help understand the rational nature of both the elimination and the preservation of death penalty, so as to define the basic direction towards which the State should make efforts in controlling death penalty in the context of promoting social civilization. Zhang Yuanhuang is a professor of law at Beijing Normal University, and a doctoral tutor and director of the Institute of Criminology and Criminal Policy. He has been to Paris II University as a senior visiting scholar. He is an executive director of Chinese Criminological Society and a director of the Chinese branch of International Association of Penal Law. His main publications include: Basic Issues of Modern Criminology (China Procuratorial Press, 1998), Principles of Criminology (Law Press, 2^nd ed. 2008), Criminology (Renmin University of China Press, 2008); and he has more than 70 articles published in law academic journals.     

A Test of Three Methods for Estimating Stature from Immature Skeletal Remains Using Long Bone Lengths*

Abstract: In this study, the accuracy of three methods for stature estimation of children from long bone lengths was investigated. The sample utilized consists of nine identified immature skeletons (seven males and two females) of known cadaver length, aged between 1 and 14 years old. Results show that stature (cadaver length) is consistently underestimated by all three methods (from a minimum of 2.9 cm to a maximum of 19.3 cm). The femur/stature ratio provided the least accurate estimates of stature, and predictions were not significantly improved by the other two methods. Differences between true and estimated stature were also greatest when using the length of lower limb bones. Given that the study sample children grew in less than optimal environmental conditions, compared with the children that contributed to the development of the methods, they are stunted and have proportionally shorter legs. This suggests that stature estimation methods are not universally applicable and that environmental differences within a population (e.g., socioeconomic status differences) or differing levels of modernization and social and economic development between nations are an important source of variation in stature and body proportions of children. The fallibility of stature estimation methods, when they do not consider such variation, can be somewhat minimized if stature is estimated from the length of upper limb bones.     

特殊普通合伙企业:游走于无限与有限责任之间

特殊普通合伙企业制度设计虽然对无辜的合伙人以提供有限责任保护方式,使之具有了促进专业服务业发展的优势,但是,同时也加大了交易相对人的风险和司法成本。它的责任二元化构造中,所确立的二元责任在合伙人之间具有不确定性、交替互换性。二元责任既有纵向又有横向配置,其立足点是执业合伙人有无过错。     

Chemical Differences Are Observed in Children’s Versus Adults’ Latent Fingerprints as a Function of Time*

Abstract: The identification of aged latent fingerprints is often difficult, especially for those of children. To understand this phenomenon, the chemical composition of children’s versus adults’ latent fingerprints was examined over time using Fourier transform infrared microscopy. Hierarchical cluster analysis revealed that children’s and adults’ prints were distinguishable for up to 4 weeks after deposition, based on differences in sebum composition. Specifically, adults had a higher lipid content than children, but both decreased over time, attributable to the volatility of free fatty acids. The aliphatic CH₃, aliphatic CH₂, and carbonyl ester compositions changed differently in adults versus children over time, consistent with higher cholesterol and cholesteryl esters in children’s prints and wax esters and glycerides in adults’ prints. Thus, fingerprint composition changes with time differently in children versus adults, making it a sensitive metric to estimate the age of an individual, especially when the age of the print is known.     

论机动车交通事故中特殊责任的承担规则

机动车交通事故中的特殊责任主要包括保险公司的责任以及保有人无过错时的责任两种类型,这种特殊责任的归责基础是以分配正义为基础的对于事故损害的适当分配,是现代福利国家追求实质正义的体现。机动车交通事故中的基本责任和特殊责任分别是矫正正义和分配正义理念在事故法中的体现。特殊责任中的保险公司责任又可以区分为赔偿责任和垫付责任,两种责任在适用前提、赔偿范围等方面存在根本区别;机动车保有人无过错时的责任数额的具体确定,应当结合受害人方面的过错予以具体确定。     

WHY A LAWYER?—THE IMPORTANCE OF CLIENT‐DIRECTED LEGAL REPRESENTATION FOR YOUTH

This article begins with a discussion about the importance of ensuring that all children have lawyers in abuse and neglect cases. Lawyers provide a vital role in giving youth a voice in proceedings that sound profoundly affect their lives. The article then discusses why the client‐directed lawyer's role is consistent with federal law and legal ethics. Finally, the article discusses the growing support for client‐directed representation and what the American Bar Association has done to support this type of child representation.     

明朝反贪对当前反腐监督的借鉴作用

当前,反腐工作形势严峻,借鉴明朝的反腐经验,我们应建立健全反腐监督制度,特别是要加强纪检监察、检察等机关的专门监督,强化群众监督、舆论监督、网络监督等各种形式的社会监督,编织强大的反腐监督网,实现对权力的监督,让权力在阳光下运行。     

当前农村留守儿童违法原因探析

农民进城务工、经商己经成为我国解决"三农问题"的有效措施,也是我国城市化发展的根本要求。流动人口的子女在城市不能享受同等的教育机会,所以他们中的大部分不得不把孩子留在老家,从而形成"留守儿童"群体,成为违法犯罪的高发人群。"留守儿童"违法犯罪有社会因素、家庭因素和个体因素等多方面原因。