Long-Term Follow-Up of Young Children Placed in Foster Care: Subsequent Placements and Exposure to Family Violence

This study examined the quality or characteristics of permanent placements at 6 years of age for 254 children who had been removed from their homes prior to attaining 3.5 years of age (mean = 13 months). Although the primary objective when removing children is protection, subsequent permanent placements are prioritized by federal legislation with a stable family environment, especially one with the biological parent(s), being preferred. Three a priori comparisons (i.e., reunified vs. nonreunified, adopted vs. foster care, relative vs. nonrelative foster care) were conducted for caregiver and child reports of exposure to family violence. The results indicate that both reunified children and their parents report more family violence (witnessed and child victimization) than do nonreunified children and their caregivers. Adoptive parents did report that they used more minor violence in disciplining their children than did foster caregivers, but their children reported witnessing significantly less physical violence in the home. Recognizing that the development of children removed from their homes because of maltreatment is likely a function of both the maltreatment as well as the quality of subsequent family experiences (i.e., violence exposure), implications of the findings for determining placements are discussed.     

交易中的物权公示分析

物权公示原则是现代各国物权法关于物权变动所奉行的重要原则,此项原则存在的必要性主要来源于交易安全的保护。对物权公示制度的历史发展予以考察,物权公示的价值在于维护交易安全。     

Violence in Police Families: Work-Family Spillover

This article uses a path model to examine the relationship between violence exposure and domestic violence among police officers with the expectation that the relationships would be both direct and mediated. The mediation factors included burnout, authoritarian spillover, alcohol use, and department withdrawal. The model was tested through an analysis of data collected from 413 officers. Four mediation chains were identified; the most powerful of these was burnout and authoritarian spillover. Suggestions for future research include understanding violence in the context of unique workplace cultures, classifying violence types, and clarifying how this population defines violence and control.     

农村土地流转制度问题探析

土地是农业最基本的生产要素,土地制度也是三农问题的核心。我国目前的农村土地制度是在家庭联产承包责任制基础上形成的,随着环境的变化和市场经济的发展,急需建立和完善农地流转制度,新制度经济学的产权理论和交易成本理论提供了对我国目前农地流转问题和对策的分析视角。     

占有在现代财产制度中的地位申明———一种基于动态冲突的考察

占有因其独占性、排他性以及在动产上所独具的权利外观效力,导致其负载权利与第三人利益的冲突,成为物权法调整客观公正与交易安全的关键制度.在对占有性质重新定位的前提下,通过对财产制度中占有关系的检索,可在交易各方主体的利益冲突关系中对占有概念进行理性的阐释.通过对此类占有关系的剖析,并通过对占有的性质——法益的进一步抽象,可以厘清占有中法益在财产制度中的具体法律价值.其体现为本权的冲突上属排他性冲突,保护方法上为非此即被:或保护权利或保护第三人利益.     

互联网金融视域下的类资产证券化:交易模式、金融异化与监管逻辑

为了规避监管或监管套利,互联网金融的类资产证券化创设了新的交易模式与法律结构:债权拆分流转、信托受益权拆分流转和资产收益权拆分流转。这突破传统的法律权利类型与法律边界,改变了传统的公募、私募监管逻辑,相关法律规制面临冲击和重构。对实质开展互联网资管业务的非金融类机构监管等领域的法律滞后与模糊,造成事实上的监管真空,引发金融乱象。金融监管应坚持实质重于形式的监管原则,强化穿透式监管,厘清互联网金融创新的法律边界,推进央地监管分工的法治化、体系化,消除监管空白,避免泛化式、运动式监管。     

The Relationship Between Child Maltreatment,Intimate Partner Violence Exposure,and Academic Performance

This article presents a longitudinal examination of the association between children's experiences of child maltreatment (CM) and intimate partner violence (IPV), alone and in combination, with children's academic performance. Integrated, administrative data from the Minnesota Departments of Education and Human Services were used to obtain a sample of 2,914 children. Data provided an opportunity to study comparisons of single (CM or IPV) and combined experiences (CM-IPV), longitudinally observe the impact of these experiences on academic functioning, and make comparisons to the general population. Results revealed significant differences in school attendance and math and reading performance by adverse experience. Children exposed to CM and IPV, individually or in combination, underperformed at school. IPV-exposed children had the poorest outcomes. Findings highlight the need for dedicated screening for adverse childhood experiences, particularly IPV exposure, and devoting greater educational and social service resources as a means of promoting future school achievement and adult functioning.     

农村宅基地使用权流转再探——兼谈小产权房合法化问题

小产权房合法化问题的核心是农村宅基地使用权流转的限制问题。我国现行法律实际上并没有禁止农村宅基地使用权的转让。从理论角度和现状考察分析,农民对其拥有的宅基地使用权都应该有权自由流转,因此小产权房合法化有其合理依据。我国应完善相关立法并逐步放开宅基地使用权流转限制,还农民的主人地位,使农民真正拥有宅基地房屋的支配权。     

Only a Matter of Time? The Role of Criminal Competence in Avoiding Arrest

While prior research has shown that the probability of detection plays a role in the decision-making of many offenders, much less is known on offenders’ relative success in avoiding arrest. In this study, we draw from detailed criminal career data on 172 offenders involved in lucrative criminal activities to examine the role of criminal competence in the probability of being arrested in a given month. We examine a particular aspect of competence, criminal efficiency, which is defined as the ability to earn a relatively large amount of money for each crime committed. Our research design allows us to disentangle the effect of criminal efficiency as a static trait of offenders from the dynamic variations in efficiency that offenders experience over time. Results show that efficiency is a strong, negative predictor of arrest, both at the static and dynamic levels.     

意思表示分析

意思表示是私法秩序下绝大多数法律关系的起点。意思表示作为人的内心活动的外部传达或宣示 ,必然要引出意思与表示是否一致 ,以及两者不一致时如何对已有意思表示进行判断的问题。解决这个问题的关键是如何理解意思与表示在法律交易中的实质作用及其相互关系。较可取的做法是认为意思表示的内容与效力应该通过规定性的表示获得。