论推定被害人承诺的成立要件

推定被害人承诺是和被害人承诺相关的一种特殊情形,它体现了对被害人自主决定权的尊重。它具有紧急避险的某些特征,成为阻却违法性事由的根据之一。推定承诺应遵循严格的条件限制,应当从前提条件、主观条件、实质条件、限制条件、行为条件五个方面对推定被害人承诺的成立要件进行构建。     

论行政允诺诉讼的审查规则——以行政允诺的性质为视角

行政允诺是现代积极行政背景下的新兴产物,具有给付行政和柔性行政双重属性。然而,立法的缺失以及理论研究的滞后,导致当前司法实践中行政允诺诉讼的审查规则有失科学性和合理性。完善行政允诺诉讼的审查规则应当逐步健全法制、改善司法实践、建立有效的行政内部监督机制。     

Factors that Influence Life Satisfaction Among Battered Women in Shelters: Those Who Stay Versus Those Who Leave

The study focused on differences between women who left shelters for battered women and returned to their partners, versus those who stayed in the shelter for over 3 months. The study was conducted in battered women’s shelters in Israel, and examined the contribution of women’s internal resources (self-esteem and empowerment) to their life satisfaction, as well as the contribution of integration (participation and commitment) in the shelter at the time of their arrival to their satisfaction with their life. Findings indicate that, among the group of women who stayed in the shelter, personal resources as well as participation and commitment contributed to their life satisfaction. Among the group of women who left the shelter, only commitment contributed to life satisfaction.     

Improving Cost-effectiveness and Facilitating Participation of Developing Countries in International Emissions Trading

This paper discusses ways in which the next climate agreement – a renegotiated Kyoto Protocol or a second-period agreement – can be made more cost-effective. The discussion focuses on the design of international emissions trading to facilitate early participation by developing countries. Four aspects are highlighted: the design of compensation rules, the need to regulate the use of the CDM, the effect of allowing borrowing and the implications of a Commitment Period Reserve.     

我国市场准入告知承诺制的法治构建

市场准入告知承诺制是近年来我国优化营商环境的重要举措,是市场准入领域实现经济效益和交易安全衡平的重要改革。我国市场准入告知承诺制的法律尚不健全,适用范围、事前审查、事中监管、事后惩戒及责任承担等法治建设亟待推进。市场准入告知承诺制在一般性市场准入应当予以广泛适用,但特别许可市场准入应当避免对实质审查的替代。市场准入告知承诺制应当建立信誉审查机制、第三方评估等事前审查,通过部门监管责任明确、"双随机、一公开"机制健全及社会监管引入进一步强化事中监管,明确对虚假承诺的行政处罚和信用惩戒等事后惩戒,并且完善行政主体对申请人、虚假承诺对第三人损害的责任承担。     

“She's Nobody's Child/the Law Can't Touch Her at All”: Seeking to Bring Dignity to Legal Proceedings Involving Juveniles

Inquiries into a range of issues involving juveniles in the psychiatric hospitalization and criminal trial process reveal that, regularly, juveniles are subject to shame and humiliation in all aspects of the legal system that relate to arrest, trial, conviction, and institutionalization, shame and humiliation that are often exacerbated in cases involving racial minorities and those who are economically impoverished. We contextualize them into the juvenile justice system, and look specifically at how this is reflected in the case law. We then consider these findings through the filters of therapeutic jurisprudence and international human rights laws, concluding that these approaches best remediate the current state of affairs and infuse this system with badly‐needed dignity.     

Changing patterns in emergency involuntary admissions in the Netherlands in the period 2000-2004

BACKGROUND: In England, rates of involuntary admissions increased in subgroups of patients. It is unknown whether this is true in other European countries. AIMS: To establish whether the increase in emergency commitments was uniform across subgroups of patients and dangerousness criteria used to justify commitment in The Netherlands. METHOD: National data on all commitments in the period 2000-2004. RESULTS: Commitments increased from 40.2 to 46.5 (16%) per 100,000 inhabitants. Controlling for population changes in age and sex, relatively large increases were found in patients over 50 years (25-40% increase), in patients with dementia (59%), 'other organic mental disorders' (40%) and substance abuse (36%). 'Arousing aggression', increased most strongly as a dangerousness criterion for commitment (30%). CONCLUSION: Changing patterns of commitments in The Netherlands and England might indicate a wider European shift in diagnoses and reasons for admission of committed patients.     

State urban enterprise zones: origin,policy context,and administrative constraints

This article examines the origins of state enterprise zone policies. Further, the range of state enterprise zones are reviewed, drawing out patterns and generalizations of implementing this type of revitalization policy. As part of this analysis President Reagan urban policy is analyzed as to its effect on state programs. Lastly, the article analyzes three important obstacles - labor, incentives, and politics - that state and local administrators must negotiate to successfully implement the enterprise zone policy.     

黄海勇案引渡程序研究(下)——以美洲人权法院黄海勇诉秘鲁案判决书为主要依据

黄海勇引渡案是新中国成立以来最为复杂的引渡案。该案不仅涉案金额巨大,犯罪嫌疑人滞留境外时间漫长,历经秘鲁地方法院、秘鲁最高法院、秘鲁宪法法院审判,而且被提交到美洲人权委员会和美洲人权法院,并由中国专家证人出庭作证。反思黄海勇案中的引渡程序,我们应当持之以恒地坚持境外追逃,及时化解对方对我国司法制度特别是死刑问题的误解,严格遵守对方法律提交引渡请求,全面提交案件材料并果断地作出外交承诺,如实向国际社会证明中国刑事法治的进步,妥善应对引渡中的程序性意外,正确处理在国外羁押期限折抵刑期的问题。展望黄海勇案,我们应当充分保障黄海勇的诉讼权利,全部兑现对秘鲁政府做出的承诺,实现对于黄海勇的公正判决,从而向世界证明中国刑事法治的发展与进步,提升中国的国际刑事法治形象,增强国际社会对于中国刑事法治的信心,实现我国境外追逃和国际引渡合作的良性循环。     

Does Acceptability of Violence Impact the Relationship Between Satisfaction,Victimization, and Commitment Levels in Emerging Adult Dating Relationships?

This study examined the impact of acceptability of violence on dating violence victimization, relationship satisfaction, and relationship commitment. A survey administered to a sample of 155 male and 417 female college students showed that relationship satisfaction was significantly associated with relationship commitment, but that dating violence victimization was not. Moreover, acceptability of violence emerged as a significant moderator of the relationship between satisfaction and commitment in dating relationships when gender differences were assessed. Discussion of these findings and future research are included.