侵权法中的作为义务探究

国外立法例对侵权法中作为义务的规制模式不尽相同,中国台湾地区和大陆地区理论界对作为义务的研究在结合中国司法实践方面略显不足。对于侵权法中作为义务的探究,应当将国外立法例、中国理论界的研究成果与司法实践情况结合起来。中国侵权法中作为义务的设计应当遵循如下思路:无须在一般条款中明确作为义务;合同约定不应成为侵权法中作为义务的来源;不应当规定一般救助义务;作为义务来源应当具有层级性,且该层级性应当以重塑安全保障义务为中心。     

THE RELEVANCE OF THE CONCEPT OF DISSOCIATION IN CHILD PROTECTION

This paper explores one aspect of unresolved trauma, namely dissociation. Its relevance to child protection is discussed with reference to two aspects: emotional neglect and choice of partner. There is an exploration of the implications for both assessment and treatment. The central place of shame in relation to dissociation is also explored. It is argued that dissociation is an important concept in child protection assessments and that social work assessments should be alert to this.     

Who owns the trauma? A Kleinian perspective on the dialogue between child protection social workers and the media

The present paper makes use of the developmental model of movement between mental positions that was formulated by psychoanalyst Melanie Klein, aimed at understanding the dialogue that takes place between the media and social workers in the field of child welfare, centring around incidents of murder within the family. The basic concept in the paper is that when working with children who are victims of abuse and with their parents, and when reporting on them as well, the feeling of personal control is severely undermined, being associated with the loss of the hallowed social value known as ‘unconditional love of a parent for his child’. The paper illustrates these theoretical ideas by describing two cases that took place in Israel and recommendations are made regarding ways of promoting the dialogue between the professions.     

澳大利亚生态环境保护的举措及经验借鉴

澳大利亚在发展经济的同时,较早地对生态环境进行有效保护,使经济发展与生态环境相互协调,同步推进;澳大利亚把生态环境保护纳入国家战略、建立全民参与的环境保护机制、坚持依法依规治理环境、实现城市建设和管理的生态化、强调尊重自然规律等,都是值得学习和借鉴的一些成功做法;当然,澳大利亚在生态环境保护方面也存在一些利己主义行为,对全球环境保护不利。     

Protecting the economic health of the poor in India: Are health mutuals the right medicine?

In addition to government‐sponsored health insurance schemes (GSHIS), many microfinance institutions (MFIs) and community‐based organizations (CBOs) in India have started microinsurance health insurance schemes. These include health mutuals for the benefit of their members. This article explores these as an alternative health‐financing model in India. A literature search produced 926 relevant publications. After applying advanced search options and removing duplicates, abstracts of 324 papers were read and then 47 papers reviewed, and finally 29 were included in this review. Five key themes emerged: (1) “Health for all” arguments and opportunities in favour of micro health insurance schemes; (2) micro health insurance products; (3) impact of micro health insurance schemes; (4) systematic irregularities and regulatory framework; and (5) innovation. We also look at the emerging market patterns that will define micro health insurance products. Health mutuals can effectively provide mass health protection to the poor and not so poor through efficient business models, bespoke benefit packages and multiple payment plans. They can reduce financial vulnerability and improve health outcomes. While GSHIS can cover a substantial tranche of expected health‐related costs, the balance can be supplemented through innovative financial products that reduce financial risk.     

Exploring the essence of enabling child participation within child protection services

The chances that children have to participate in child protection services are largely contingent upon the attitudes and skills of case managers. They have a crucial role in ensuring that a child's voice is being listened to and acknowledged in often sensitive dialogues. Therefore, the aim of this study is to investigate what case managers need to facilitate child participation. By handing case managers a participation toolbox developed by children and through the use of reflexive monitoring in action, we elaborated on the barriers faced in practice. The results show that the intention to facilitate child participation is quickly overruled by often subconscious thoughts and beliefs, stemming from the complex interplay of child image, protection, and participation. Case managers need to be aware of this interplay and how this unknowingly steers their actions. Therefore, iterative reflection should be facilitated within organizations for an actual change in their daily practice and to amplify the role of children in the decision‐making processes within child protection services.     

内蒙古非物质文化遗产的精神内蕴论析

内蒙古历史源远流长、各民族聚集共处、民族文化多元一体,铸就了非物质文化遗产突出的历史和人文价值,也充实了其丰富的精神内涵。具体而言,包括开放包容的文化品质、顽强拼搏的进取意识、万物共生的价值观念、团结统一的理想追求。     

A court file analysis of child protection cases: What do children say?

Children's participation in legal proceedings affecting them personally has been gaining importance. So far, a primary research concern has been how children experience their participation in court proceedings. However, little is known about the child's voice itself: Are children able to clearly express their wishes, and if so, what do they say in child protection cases? In this study, we extracted information about children's statements from court file data of 220 child protection cases in Germany. We found 182 children were asked about their wishes. The majority of the statements found came either from reports of the guardians ad litem or from judicial records of the child hearings. Using content analysis, three main aspects of the statements were extracted: wishes concerning main place of residence, wishes about whom to have or not contact with, and children granting decision‐making authority to someone else. Children's main focus was on their parents, but others (e.g., relatives and foster care providers) were also mentioned. Intercoder agreement was substantial. Making sure that child hearings are as informative as possible is in the child's best interest. Therefore, the categories developed herein might help professionals to ask questions more precisely relevant to the child.     

Serious case reviews: The lived experience of Black children

Despite the many high‐profile Black child deaths in England, race as a factor remains a largely underexplored factor of serious case reviews (SCRs). Evidence from analysis of SCRs indicates that race receives limited attention, or is virtually absent. Given that the main function of SCRs is to provide opportunities for learning lessons to improve practice, the way in which issues of race and culture may influence child protection processes for Black children is therefore of critical importance. In this article, we employ content analysis to examine the extent that race and cultural factors are considered in SCRs involving Black children. It is argued that race is often an important factor influencing Black children's experiences of abuse and neglect, as well as their encounters in the child protection system. This article therefore poses two key questions: (a) What questions are asked about race, ethnicity, and culture in SCRs concerning Black children? (b) How did the SCRs extract lessons to be learnt for improving practice to safeguard Black children? By extending the analysis of race and ethnicity in SCRs, this article furthers our understandings of the needs of Black children in the child protection system.