关于医疗纠纷法律制度改革的思考

目前我国医疗纠纷法律制度严重滞后,改革呼声日趋高涨。但学界对改什么和如何改的问题缺乏细致深入的研究。本文在对现行医疗纠纷法律制度进行全面评析后,对消除该法内部固有矛盾、改革医疗鉴定体制、完善医疗诉讼程序等方面提出了新的思路与方法。     

论绿色食品与农业环境保护

本文在分析了绿色食品产生的生态环境背景的基础上,阐明了发展绿色食品与农业生态环境保护之间的辩证关系,并提出了保护和改善农业生态环境、促进绿色食品发展的对策思考     

Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

Australia's family law system continues to be plagued by serious delays. This article acknowledges the need for legal interventions in post‐separation parenting disputes in which individuals may be at risk, or in cases of genuine emergency. The article next contrasts cases involving significant risk or urgency with the many ‘ordinary’ (even if sometimes complex) post‐separation disputes over parenting in which these circumstances are not present. I argue that in such cases, legal advice, legally informed dispute processes, and court hearings are remnants from earlier attitudes to separation and divorce. These interventions are expensive, frequently destructive of ongoing parental relationships, and at their heart, inappropriate for considering the needs of children. They also divert time and resources from the critical investigative and legal decision‐making processes needed in urgent or risk‐related cases. I propose that legal narratives in ‘ordinary’ post‐separation parenting disputes be replaced by narratives focused on the main drivers of these disputes, which are invariably expressed in terms of relationship difficulties. Such narratives are amenable to facilitative, therapeutic, and systemic interventions aimed at achieving self‐determined resolutions. They contrast markedly with narratives reflecting common law notion of normative resolutions derived from the application of legal precedent. Key issues in the first section of the article are then teased out via the reflections of an imaginary separated parent in an ‘ordinary,’ albeit difficult and emotionally intense, dispute about how to care for the children. In the final section, I offer brief clinical and systemic reflections on past practice and on future narratives focused on individual self‐determination.     

Undercover policing and the spectre of ‘domestic extremism’: the covert surveillance of environmental activism in Britain

The spectre of environmental ‘domestic extremism’ has long been postulated by police leaders and security analysts in Britain. It is a narrative that has justified the commitment of enormous amounts of government resources towards police intelligence work directed at non-violent direct action campaigns. Most controversially, this has included the long-term infiltration of environmental (and other) activist groups by undercover police. This article provides a critical analysis of the justifications put forward in support of the covert surveillance of environmental activists in Britain. The paper proceeds by way of a single case study – a high profile, environmental direct action protest in the north of England – in order to reveal the levels of abuse, manipulation and deception at the basis of undercover protest policing. Through their court case, the activists involved with this action were able to obtain rare insights into the police authorisation documents for the undercover operation that had led to their arrests. An analysis of these documents provides us with a glimpse of the contradictory justifications given by senior police officers for infiltration – now under scrutiny by a public inquiry.     

Working-class ecology and union politics: a conceptual topology

ABSTRACT

This paper argues that Environmental Labour Studies may benefit from incorporating the perspective of environmental justice. We offer a theorization of working-class ecology as the place where working-class communities live and work, being typically affected by environmental injustice, and of working-class environmentalism as those forms of activism that link labour and environmental struggles around the primacy of reproduction. The paper’s theoretical section draws on a social ethnography of working-class ecology in the case of Taranto, a mono-industrial town in southern Italy, which is experiencing a severe environmental and public-health crisis. We show how environmental justice activism since the early 2000s has allowed the re-framing of union politics along new ways of politicizing the local economy. We conclude by offering a conceptual topology of working-class ecology, which situates different labour organizations (confederal, social/community, and rank-and-file unions) according to their positioning in respect to environmental justice.     

Challenges of implementing restorative justice for intimate partner violence: An Islamic perspective

ABSTRACT

Intimate partner violence (IPV) is currently recognized as a critical public health concern and a human rights issue. Not surprisingly, Muslims – a religiously and socio-culturally diverse faith-based populace – are not an exception. To address this complex area of criminal justice and social policy, some scholars advocate implementing restorative justice (RJ) approaches. While RJ approaches have been traditionally used in Islamic cultures for conflict resolutions, to date, few studies have investigated how RJ operates in dealing with IPV in Muslim countries and communities. This article explores how RJ approaches towards IPV operate in some Muslim countries/communities, and offers insights into developing culturally and religiously appropriate ways of implementing RJ in IPV situations among Muslims. Given the prevalence of IPV among Muslims, the question is particularly important and timely. Taking exclusively limited examples of RJ approaches that have been used to mediate IPV cases in Muslim countries and communities, this paper found one significant challenge in the RJ approaches among Muslims: community acceptance of IPV. To reduce IPV in Muslim society, it is necessary to develop treatment models and techniques that meet cultural and religious needs. This paper found that since RJ is not alien to Islamic teachings, RJ approaches can be implemented effectively in dealing with IPV among Muslims by ensuring justice and equity of the abused woman. The findings of this paper will assist policymakers, practitioners, and service providers in providing religiously and culturally appropriate care when addressing IPV issues among Muslims.     

Using institutional ethnography's ideological circle to portray how textually mediated disability discourse paralysed a Supreme Court of Canada ruling

Persons with disabilities created through texts as damaged goods are being ‘cured’ by workplace accommodation, a textually mediated work process. Prior to 1999, workplace accommodation in the Canadian federal public service signified the adjustments necessary to enable a disabled worker to fit into a workplace designed for able-bodied workers. In 1999, a Supreme Court of Canada (SCC) ruling known as Meiorin turned this accommodation provision on its head. Instead of being focused on individual-level fixes so that a disabled worker could be accommodated in an existing workplace, this legislation required employers to transform their workplaces so as to make them ready to receive as many different types of workers as reasonably possible from the outset. Using Dorothy E. Smith's institutional ethnography, I use my experiences as a disability rights activist employed in the Canadian federal public service to explicate how textually mediated disability discourse paralysed this groundbreaking SCC ruling.     

对高校劳动争议问题的思考

高校劳动争议的产生有其自身的原因,针对在劳动争议中表现出来的特点,在处理劳动争议中应注意四个基本原则,从构建和谐校园的机制入手提出对策。     

环境法执法机制研究

随着我国环境法立法体系的日益完善,加强环境执法已成为当前环境保护领域的焦点和难点问题。本文在分析了环境行政执法存在的问题及完善对策后,提出环境刑事执法的健全应以程序机制的完善为中心,并认为应从扩张民事诉讼主体资格和建立中立环境损害鉴定机构两个角度去完善当前的环境民事执法机制。     

我国环境公益诉讼制度之构建

在现代社会环境问题日益突出的情况下,为适应保护环境公益的迫切需要,我国有必要构建环境公益诉讼制度。论述了环境公益诉讼的概念、特征及其法理基础,并对构建我国环境公益诉讼制度的范围、原告、举证责任配置和诉讼费用负担等方面提出构想。