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1.
张千帆 《法学研究》2004,26(3):39-51
随着《收容遣送办法》的废止,个人自由权利与社会治安秩序之间的现实冲突比过去更为突显。应转变中央和地方关系的传统思维,在允许地方更多自主权和选择权的同时,更充分地保障公民个人的宪法基本权利。无论是中央和地方关系的法律界定,还是公民权利的宪法保障,都要求建立独立的司法机构以审查地方立法的有效性。  相似文献   

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This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principal responsibilities for the care of children, but it also finds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.  相似文献   

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International Environmental Agreements: Politics, Law and Economics - The access to goods and their allocation (who gets what, when, where and how) is one of the analytical problems of the 2009...  相似文献   

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The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.  相似文献   

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Abstract. There is tension between the adversarialism of the U.S. legal culture and the investigative procedures of the sciences, and between the law's concern for finality and the open‐ended fallibilism of science. A long history of attempts to domesticate scientific testimony by legal rules of admissibility has left federal judges with broad screening responsibilities; recent adaptations of adversarialism in the form of court‐appointed experts have been criticized as “inquisitorial,” even “undemocratic.” In exploring their benefits and disadvantages, it would make sense to look to the experience of other legal systems.  相似文献   

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本文主要从设备故障与维护、防静电、动火作业、执行操作规程等几个方面引起的爆炸和火灾进行分析,制定对应的防护措施。提出了以做好设备维护保养、防静电处理、做好防火设计及安全装置、落实动火作业措施及强化安全培训等方面进行综合防控,消除油气储运过程中引起的爆炸和火灾,以实现安全生产。  相似文献   

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在美国法律文化塑造下的对抗制诉讼制度和科学的调查程序之间存在着紧张关系(tension),在法律所关注的裁决终局性(finality)和科学所追求的持续性纠错(oven—minded fallibilism)之间存在着紧张关系。长期以来,法律界都试图通过可采性法律规则归化科学证言,结果导致联邦法官担负起广泛的审查职责;近期,法庭指定专家的制度实践导致对抗制度做出某些修正,这种制度实践已经被批评为“带有纠问色彩”(inquisitorial),甚至“违背了民主的要求”(undemocratic)。在分析这些制度利弊的过程中,我们有必要考察其他法律系统的经验教训。  相似文献   

10.
当前广东拐卖妇女儿童犯罪的特点、原因及对策   总被引:2,自引:0,他引:2  
祝卫莉 《政法学刊》2001,18(1):66-68
近年来,广东一些地区拐卖妇女儿童犯罪屡禁不绝,愈演愈烈.拐卖妇女儿童犯罪是一种十分野蛮的犯罪活动,它严重侵害了妇女儿童最基本的人身权利,极大地危害了社会秩序,败坏了社会风气.本文通过分析其犯罪特点及原因,进一步提出相应对策.  相似文献   

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There is little research on how family violence affects children who live the Arab world. This study had three aims. First, to examine the prevalence of family violence in Yemen. Second, to examine the associations between family violence and internalizing and externalizing problems in Yemeni children. Third, to examine participant gender as a possible moderator. A total of 598 children, 11–16 years old, completed measures of experiencing and witnessing physical and psychological abuse in the home, and reported emotional symptoms and conduct problems. Findings indicate that prevalence rates of all forms of abuse are high among Yemeni children (57.5% experiencing physical abuse, 71.2% psychological abuse, 33.6% witnessing physical abuse, and 78.9% witnessing psychological abuse). Boys experienced more physical and psychological abuse in the home than girls, although the level of physical and psychological abuse children witnessed in the home did not differ for boys and girls. The structural equation model indicated that witnessing psychological abuse was associated with emotional symptoms and conduct problems in children. Experiencing physical abuse was associated with conduct problems, whereas experiencing psychological abuse was associated with emotional symptoms. These associations were similar for boys and girls. These findings suggest that living in an abusive home can have harmful effects on Yemeni children.  相似文献   

13.
Correspondence on this paper and offprint requests should be addressed to Professor Marcelo Dascal, Department of Philosophy, Tel Aviv University, 69978 Tel Aviv, Israel. We thank Dennis Kurzon for helpful remarks on an early draft.  相似文献   

14.
兰桂杰 《行政与法》2007,(4):102-103
抵押权与留置权在同一标的物并存的情况下,哪一个应优先受偿的问题,是一个重要然而在法律中尚未明确的问题。本文提出并论证了抵押权与留置权在同一标的上竞合而主体不同的状态下,留置权应优先于抵押权受偿的观点。  相似文献   

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MPs are often criticised as being homogeneous. This is well known in terms of social background or gender, but the criticism also holds for values and norms. MPs are said to share normative agreements on the essential points and demonstrate differences on second-order issues. This criticism is even more widespread regarding the new politics based on the cultural divide, notably vis-à-vis politicians from the extreme right as far as immigration, European integration or globalisation are concerned. In this contribution, these criticisms are addressed by investigating the degree of normative agreements and disagreements of French MPs. Furthermore, the differences both in old and new politics between MPs on the one hand and the electorate as a whole and their supporters on the other hand are evaluated. It is concluded that MPs are definitely not all the same and the degrees of difference among MPs or with the electorate are far from being those expected.  相似文献   

17.
This article examines the family and household patterns of widowers and widows in England and Wales between 1891 and 1921 in terms of the proportion of widowers and widows who lived with never- or ever-married children, servants, or inmates, with nonrelatives only, or on their own. The absence of marked change between 1891 and 1921 in the frequency with which elderly widowers and widows lived with a married or never-married child are in line with the Laslett [J. Fam. Hist. 12 (1987) 263.] expectation that family patterns evolve only slowly, certainly much slower than the forces of political and economic change. Where changes can be detected, as in the decline in frequency of coresidence with servants or inmates, these changes were experienced by the younger as well as the older widowed and by married people. Apparently, the residence patterns of the elderly widowed changed due to the introduction of means-tested old-age pensions in 1910. A second investigated is the extent to which the socioeconomic environment influenced the residence patterns of the widowed in a given time period. The effect in general proves to be weak with little difference between one environment and another in the frequency with which widowers coresided with their children and evidence of gender balancing of the household (relatively more widows living with sons and more widowers with daughters) visible only in agricultural environments.  相似文献   

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今天的讲座和前四讲有一些不同。在前四讲中,我所分析的都是证据法的公认领域,试图说明我们何以能够通过运用各种分析工具来更深刻地理解它们。今天我不想讨论证据法的传统领域,而要讨论在美国和其他几个国家正在进行的一项重要研究工作,这涉及我们所称的"司法证明的性质"。该研究领域并不论及像传闻规则那样的证据法特定领域,而是关于证据法根基的探讨。  相似文献   

19.
During the period of the comprehensive building of communism, problems related to shaping a new kind of human being, overcoming remnants of the past, uprooting anti-social phenomena and, in particular, the most serious of these - crime - are coming to be of ever greater significance in the activity of Party organizations.  相似文献   

20.
学术剽窃和法律内外的对策   总被引:6,自引:0,他引:6  
方流芳 《中国法学》2006,(5):155-169
尽管剽窃与学术诚信相对立,但是,两者又从不同的方向折射出学者个人、学术群体和制度之间的紧张关系。在一定程度,遏制剽窃的力量的来自我们对问题本身的认识和言说,诸如:什么是剽窃?作者为什么要归认来源?版权法、侵权法和学术纪律在遏制剽窃过程中分别和共同担当什么样的角色?本文试图在国内外现有的研究的基础上,以中国实情为主要关注,探讨上述问题。  相似文献   

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