转承责任基本理论问题新探

转承责任是一种责任人因与他人间的特定基础关系而对他人的侵权行为承担民事责任的责任形式和法律制度,其最显著的特征在于责任人与侵权行为人相分离.转承责任不等同于替代责任,更不等同于特殊侵权责任.转承责任基础关系类别决定了转承责任可分为为行为人利益的转承责任和为责任人利益的转承责任两大类;为责任人利益的转承责任实质上就是使用人转承责任,使用人转承责任又可分为支配关系的使用人转承责任和利用关系的使用人转承责任.转承责任立法理由,众说纷纭,从不同侧面揭示了转承责任法律制度存在的合理性,我们不应将它们孤立开来.     

转承责任归责原则的复合性和构成要件的二重性

转承责任不是单一归责原则而是复合归责原则的适用:责任人转承责任的归责原则主要是无过错责任原则,行为人侵权行为构成判断原则具有多样性和复杂性.归责原则的复合性决定了转承责任构成要件的二重性:责任人的转承责任构成要件和行为人的侵权行为构成判断要件不相同,责任人的转承责任构成要件也不同于其他特殊侵权责任.责任人的转承责任构成要件主要包括:责任人和行为人间具有特定的基础关系.行为人为侵权行为时居于基础关系约束的地位,行为人的行为构成侵权;行为人的侵权行为构成判断要件根据行为发生的不同情势,具有多样性和复杂性.     

Vicarious resilience from attachment trauma: reflections of long-term therapy with marginalized young people

The concept of vicarious resilience captures the therapist's emotional growth occurring as a direct result of therapeutic engagement with traumatized clients. Three chronological case scenarios are presented for exploration of vicarious resilience in relation to attachment trauma. The purpose is to increase awareness and appreciation of the positive functions it serves for client mentalization, therapist skill and resilience factors for both parties. The reflective methodology considers the intrapsychic worlds of the client and the therapist and details how the therapist comes to experience the client's distressing projections. The potential for vicarious resilience begins from the outset of the therapist's actions of containment upon these projections. Advancing early ideas, it is advocated that vicarious resilience requires the therapist to have both the capacity and willingness to maintain a constant reflective stance.     

以刑事替代责任遏制食品安全犯罪之我见

刑事替代责任是指被告人虽然没有罪过，但由于其具有一定的地位或职位，要对其他人的危害行为负刑事责任。在当前我国食品安全犯罪日益猖獗之际，在《刑法》针对食品安全犯罪引入刑事替代责任，具有现实意义和刑事政策基础，并且在理论上也具有相当的可行性。     

Phase Oriented Psychotherapy for Gay Men Recovering from Trauma

Summary

Gay men live in a culture of trauma in the United States. Phase Oriented Psychotherapy offers an integrative treatment model for helping gay men overcome the helplessness and disconnections that result from trauma. Successful recovery in this model yields a basic cognitive shift from indiscriminately attributing traumatic significance to present events to accurately differentiating discomfort from danger and responding to situations with aware choice. The model is a synthesis of the phase-oriented model of recovery with the principles of gay-affirmative psychotherapy. Recovery occurs over stages: (a) Stabilization of symptoms and the development of coping skills; followed by (b) Integration of dissociated or fragmented aspects of experience (including affects, sensations, beliefs, memories, identity); leading to (c) New Self and Relational development. This type of work will present distinct challenges to both therapist and client. Specific techniques are offered to aid the therapist both to assist the client and protect him/herself.     

论雇主转承责任构成要件的理论基础与适用规则

各国的立法和判例对雇主转承责任构成要件的规定不尽一致。从理论上来说,雇主转承责任的构成要件可以归纳为三个方面:雇佣关系的存在、受雇人执行职务的行为、受雇人的行为是侵权行为。我国最高人民法院的司法解释对雇主转承责任构成要件进行了规定,但是不尽完善,未来的民法典需要对此予以完善,严格区分受雇人和独立订约人的界限,明确规定受雇人的职务范围。     

The Cost of Caring? Social Workers in Hospitals Confront Ongoing Terrorism

The study reported here assesses the severity of post-traumaticsymptoms and emotional distress among hospital social workerswho provided emergency treatment to victims after terroristattacks in Israel. We examined the contributions of personaland professional exposure to terrorism, professional training,supervision, sense of professional confidence, and optimismto the severity of distress among 144 social workers at eighteenhospitals in various parts of the country. Emotional distresswas assessed by two measures: secondary traumatization (post-traumaticsymptoms after treating victims of terrorist attacks), and additionalpsychiatric symptomatology. Only 7 per cent of the workers reportedsecondary traumatization, and their levels of distress on accompanyingpsychiatric symptoms were significantly lower than the normsfor the general Israeli population. We also found that professionalexposure to terrorism, sense of professional confidence andoptimism contributed significantly to the explained variancein distress. The discussion deals with the findings in lightof the rise in terrorism in recent years and the professionalliterature on the topic.     

Between the maternal and the professional: the impact of being a child welfare officer on motherhood

Child welfare officers experience stress from exposure to child neglect and abuse and the burden of responsibility for children's well‐being. This qualitative study addresses the question: How do social workers who are child welfare officers perceive and cope with the influence of their professional occupation on their relationships with their own children? The research is based on in‐depth interviews with a purposive sample of 10 child welfare workers who are mothers (of 2–4 children aged 2–23 years). The data analysis illustrates how the professional identity and the maternal identity of the child welfare officer fluctuate between two positions. The first is ‘anxious motherhood’ in which anxiety is the prism through which the welfare officer views the world as dangerous for her children, stimulating protective, control‐enhancing actions. The second position is reflective motherhood in which the welfare worker struggles with her own stresses and conflicts as a mother and searches for an experience of meaningful, positive motherhood. The findings reinforce the need to raise the consciousness of child welfare officers regarding the impact of encountering distress and trauma on their own well‐being as parents. In this way, they can prevent secondary traumatization and enhance professional and maternal growth.