New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

外国刑法中犯罪成立要件的实质化

罪刑法定主义应当是形式与实质的统一,以此为基础的犯罪概念和犯罪成立要件也必然具有形式与实质的内容。不同法系的国家实现犯罪成立要件实质化的途径各有千秋。     

胎儿地位的法哲学思考——以权利之概念分析为基础

胎儿地位问题是自罗马法以来倍受法学界关注的重要课题之一。对这一问题的探讨,必须以权利之概念分析作为基础。坚持“活着出生规则”为前提,采取概括保护与个别保护相结合的立法策略,应该作为我国民法保护胎儿利益的明智选择。     

电子商务中知识产权的法律保护

电子商务活动对社会的多个方面造成了很大的影响,也对传统的知识产权保护内容、保护方式、具体的原理及制度构建等方面提出了新的要求。在立法尚未完善的情况下,司法为拓宽电子商务领域知识产权保护做了一定的探讨。建立完善的电子商务自律机构和规则、逐渐完善相关的立法、加大对侵权行为的打击力度、协调国际上的知识产权保护,是发展电子商务并充分保护知识产权的有效途径。     

山东检察研究与检察改革情况报告

一、检察研究总体情况(一)检察研究成效明显近年来,山东省检察研究工作坚持以邓小平理论和“三个代表”重要思想为指导,以建立科学的中国特色社会主义检察理论体系为目标,坚持基础研究和应用研究“两手抓”,立足服务,深入基层,重点围绕党和国家中心工作、围绕检察制度和检察工作面临的重大理论和实践问题,进行了广泛而深入的调查研究,为强化法律监督、完善检察制度、推进检察事业创造了良好的理论环境,检察研究服务大局、服务检察业务、服务领导决策的职能作用得到了充分的发挥。     

The Imprint of Childhood Physical and Emotional Abuse: A Case Study on the Use of EMDR to Address Anxiety and a Lack of Self-Esteem

This article examines the use of Eye Movement Desensitization and Reprocessing (EMDR) in helping a client address problems with persistent anxiety and a lack of self-esteem. During EMDR treatment, the client explored the dichotomous thinking that had plagued her since childhood, and correspondingly, the role of childhood physical and emotional abuse in her chronic feelings of inadequacy and anxiety. The client experienced significant improvement in her levels of anxiety and problems with self-esteem, both at the end of treatment and at 1-year follow up. Qualitative and quantitative data are utilized in this case study outlining the use of EMDR with a client diagnosed with dysthymic disorder.     

Legislation and educational change: the struggle for social justice and quality in China's compulsory schooling

Whether a law can bring about change has been an important topic of debate in the literatures of law, sociology and education. With reference to the 2006 revision of compulsory schooling legislation in China, this article examines the functions and limits of the use of law to effect educational change. It explores why and how China continues to rely on instrumental use of the law to bring about change and rectify problems that the previous legislation did not. The article shows that law can be used as a tool for social justice that helps defend children's right to access basic quality education. However, the realization of legislative change requires favourable economic, social and/or cultural conditions, the support of extra-legal means and a concerted effort by all actors in interpreting and enforcing the law.     

FAMILY COURT REFORM IN SIX PENNSYLVANIA COUNTIES

This article describes judicial behavior in local family court reform movements, vis-à-vis six case studies, as part of a larger study on the implementation of court-connected custody mediation in Pennsylvania. Research findings provide new insight into the initiation of change by judges at the local court level. When motivated to do so, family court judges in Pennsylvania bring about local reform independently and expeditiously. Judges who desire alternative methods to litigation of custody disputes implement court change with few organizational constraints: They decide how and when reform is to be implemented, and they assign nonjudicial professionals to assist in reform implementation. Finally, judges establish their own criteria for assessing the success of change initiated. Throughout reform movements, judges take on a variety of roles in bringing about change—first as reform activists, then as leaders in reform movements, and finally, as advisors in reform implementation. These case studies reveal the diversity in judicial style when court change is implemented; at the same time, similar court goals and objectives are obtained.