关于审理刑事自诉案件的几个问题

审理自诉案件在司法实践中应把好立案关,在强调当事人举证责任的同时,也不可忽视人民法院的查证工作,应把握好举证充足的标准和举证责任转移的时机,并重视证明环节,对不同的证据,应从合法性、关联性、真实性等方面进行综合考察     

法律行为概念的难解病症状

法律行为概念的难解病症状初学者主要有误解法律行为是与法律有关、能发生法律效力、符合法律要求等行为;学者主要有法律行为与法律及意思表示的混同、法律行为定义的非科学性、颠倒私法自治与法律行为的源派生关系等.     

民事案件同案同判的法理问题

同案同判已成为人们判断司法是否公正的一个标准,人们不能容忍同案不同判的结果。从同案同判的意义、认定,以及同案不同判的解决机制入手,阐释同案同判的法理问题。     

论公诉案件被害人上诉权的功能

我国现行刑事诉讼法虽确定了公诉案件被害人诉讼当事人的主体地位,但没有赋予其上诉权。本文认为被害人上诉权具有纠错、防错功能,安抚、说服功能,平衡利益关系功能,保障司法终局性和权威性功能以及维护司法统一适用等功能,被害人上诉权的功能决定了赋予被害人上诉权之必要性。     

A phenomenological case study on immigrant workers' gambling addiction in Korea

This study explores the experiences that have led some of Korea's immigrant workers into gambling addiction and examines possible social welfare services that could support treatment. Immigrant workers' gambling experience as aliens in Korea was analyzed through the methodology of a phenomenological case study. The participants, who voluntarily consented to the study, were five immigrant workers addicted to gambling. Data were collected through one‐on‐one, in‐depth interviews over 6 months, starting in July 2018. The essential themes that emerged in the interviews were “changing strategies for survival,” “forgetting oneself without any sense of responsibility or shame,” “gambling as routine daily life,” “obsession with making a fortune in one go,” and “no home to return to.” Based on its results, this study makes suggestions for the prevention of gambling addiction in immigrant workers. Further, future research needs to be broadened to analyze nationwide cases of immigrant workers with more diverse demographic backgrounds.     

论非形式逻辑及其基本特征

非形式逻辑是在传统逻辑和数理逻辑之后产生出来的一门新兴学科,它的根本作用是培养和训练人的逻辑思维和理性思维能力,既能体现思维形式和思维内容的完美结合,也能体现思维的确定性和不确定的完美结合,是案例教学学科整体发展趋势的反应。     

What's In It for the Volunteers?

This article reports on a social return on investment (SROI) analysis of volunteers of the Good Food Market program, a food access initiative run by FoodShare Toronto, one of Canada's largest food‐justice organizations. Unlike conventional SROI research, which typically focuses on the entire ecology of an organization or program, this article focuses solely on isolating the return volunteers receive on their investment of time, skills, energy, and the like—an SROI of volunteering. The article reviews the challenges of adapting the SROI methodology to the context of volunteer benefits and finds that ultimately SROI is a useful tool for articulating the value of volunteering.     

Social Return on Investment of an Innovative Employment Option for Persons with Developmental Disabilities

Common Ground Co‐operative (CGC) provides training, administrative, and job coach support to five social enterprises for which persons with developmental disabilities are the non‐share‐capital partners. This study examines the use of social return on investment (SROI) as a means of determining the value of program impacts related to quality‐of‐life changes for enterprise partners and their families. The process of conducting this SROI analysis is described and analyzed in terms of its utility in employment services for persons with developmental disabilities.     

Family engagement within the context of assessment in child protection practice: The case of Estonia

Engagement in the context of child protection is of significant international interest, as the participation of family is a central notion in child and family social work. Drawing on in‐depth, semistructured interviews with a sample of 26 child protection workers in 1 region in Estonia, this article reports the findings of the participants' perspectives on family engagement in the context of child protection assessment. Child protection workers perceive the engagement related to 3 aspects: first, it is associated to the acts of the worker; second, it is associated to parental part of actions—depending on parents themselves; and third, engagement was seen as “doing together” with the family, referring to partnership. The aim of the engagement was mainly considered in the terms of empowerment—empowering family to cope on their own and to take charge of their lives. The negative image of child protection was recognised as one of the main barriers to the family engagement. Understanding the family and their situation was seen as the basis for a trusting relationship, being the most crucial factor to promoting family engagement.     

Barriers to Integrated Treatment of Substance Abuse and Trauma Among Women

Despite increasing empirical support for an integrated approach to treating trauma and substance abuse, many substance abuse treatment programs have been slow to embrace integrated models of practice. Using an embedded case study design, the purpose of this study was to understand barriers that prevented a substance abuse treatment provider and 20 professionals and staff from adopting an integrated approach to treating substance abuse and trauma. Data analysis revealed 2 kinds of barriers that prevented substance abuse treatment professionals from fully integrating substance abuse and trauma: systemic and professional barriers. These barriers have to be taken into account when trying to move providers and professionals toward integrated approaches to treating substance abuse and trauma.