浅谈电子商务涉及的法律问题

近年来,电子商务发展迅速,对社会生活产生了很大影响,并逐渐形成了一种新型的社会关系。与此同时,电子商务领域中也出现了涉及商法、刑法、民法、知识产权和国际法等许多亟待解决的法律问题。因此,分析电子商务活动中诸多涉及法律的问题及产生的原因,在遵循国际示范法的标准并借鉴国外的先进经验的同时,结合我国的国情制定出适合我国的电子商务法律,对促进我国电子商务的健康、有序、规范发展是非常必要的。     

"辩诉交易"立法可行性的相对合理解读

“辩诉交易”制度是起源于英美法系国家 ,并为诸多发达国家所借鉴的刑事诉讼程序。在分析“辩诉交易”的起源及当前国际上的立法、司法现状基础上 ,一定范围内承认“辩诉交易”的合法性 ,借鉴其来弥补我国刑事诉讼简易程序、“坦白从宽”刑事政策、污点证人作证豁免制度的不足 ,并由此提出相对合理的立法思路和具体建议     

Trade-Offs Between Formal Home Health Care and Informal Family CareGiving

Using 1994 National Long Term Care Survey data, we estimated logistic regressions of formal and informal home health care use and hours. Home health care use and intensity were differentially impacted by chronic conditions, are higher for Medicaid enrollees and rural or small town residents, but lower for HMO enrollees. Decreases in the probability of home health care use increased informal instrumental activities of daily living (IADL) support four hours and decreased informal activities of daily living (ADL) support eight hours weekly. IADL caregiving substituted for formal care, but ADL caregiving declined with reductions in formal care. Public policy reducing formal home health care access may reduce informal ADL caregiving and increase informal IADL caregiving, producing net declines in support.     

Do You Speak English? Language Barriers in Child Protection Social Work with Minority Ethnic Families

This paper critically evaluates research and literature on childprotection social work practice with minority ethnic familieswho speak little or no English. Though the focus is on childprotection, many of the themes raised should be transferableacross to other areas and disciplines. Specifically, the paperfocuses on the limitations and difficulties of using professionalinterpreters in child protection work and covers themes likethe availability of interpreters, the role of interpreters,suitability of interpreters, the interpretation of particularwords and phrases, and manipulating the interpreting process.The paper then moves on to address the important but often neglectedarea of using children as interpreters, and ends by consideringthe broader issue of how language barriers can exacerbate discriminationagainst minority ethnic families.     

The State of Care Management in Learning Disability and Mental Health Services 12 Years into Community Care

This paper reports on the organization of care management froma longitudinal study of community care for people resettledfrom long-stay learning disability and psychiatric hospitals.The findings from a 12-year follow-up of care management arrangementsin 12 learning disability and eight mental health study siteservices are described. The diversity of care management arrangementsfound at earlier points in the evaluation remained evident.Also, many of the former ‘care in the community’service users were excluded from mainstream care managementarrangements in their localities. The difficulty of developingperson-centred arrangements in learning disability and the lackof integration of the Care Programme Approach and care managementwere evident. The findings and observations are placed in thewider policy and practice context, with suggestions for takingcare management forward nationally and locally.     

Fifteen Years of Family Group Conferencing: Coordinators Talk About Their Experiences in Aotearoa New Zealand

Family Group Conferencing (FGC) as a solution-focused strategyin child welfare has now been a mandated practice in AotearoaNew Zealand since 1989. This qualitative study examines theexperiences of Care and Protection Coordinators who have beenconvening FGC since the early years of the legislation. Thestudy explores early perceptions of the legislation, what firstattracted them to the role and what keeps them in the job. Inparticular, the study explores the practice tensions that restwithin family-centred child protection models, and the waysin which FGC practice has developed in response to modern imperatives.     

当代中国环境立法评析

现代意义的中国环境法兴起于本世纪 70年代 ,经过二十多年的发展 ,现已形成了以《宪法》为核心 ,以《环境保护法》为基本法 ,以环境与资源保护的有关法律、法规为主要内容的基本完备的法律体系。但在这个体系内部 ,还存在着不少急需解决的问题。在回顾我国现代环境法发展历史过程的基础上 ,本文分析了我国目前环境立法还存在的不足 ,并就改善环境法立法的有效途径做了初步探讨     

上海市房屋拆迁立法轨迹及特点

上海市房屋拆迁立法是随国家政治、经济体制的改革而发展变化的 ,对上海房屋拆迁立法的历史回顾及其特点分析 ,可从中思考修改房屋拆迁立法发展的方向 ,并提出有关立法建议。     

Can we remember differently? A case study of the new culture of memory in voluntary organisations

This article analyses the positive contribution that Slovenian voluntary, non–governmental organisations, users' organisations and community–based services in the field of mental health have made to the 'new culture of memory' of helpers and users. The conceptual differences between Slovenian psychiatric (institutional) treatment and voluntary community care are presented through the case study of Clare, a young woman who was diagnosed as a chronic schizophrenic. This example shows the importance of community care in voluntary organisations for the reduction of disability associated with mental disorders. The development of the new culture of memory in voluntary organisations and community–based services is not only the 'narrative turn' within social welfare, but also symbolises the 'implicit turn' in the relationship between the helper and the user. The real challenge of the new culture of memory in the process of help to disabled people (in respect of individuals working through traumatic memories) is that the helper can bear and support the user on a daily basis. During the process of their relationship, the deep implicit relational memories of both become activated and influence the change within the user as well as the helper.