在公正与效率之间:证人出庭作证制度的困境和出路

证人出庭作证问题,涉及证明标准与法律假设、法律规则与法律标准、诉讼效率与诉讼成本、自利偏见与社会效应等诸多方面。证人不出庭作证的规范依据仍然存在、证人出庭作证的权利和义务不对等、配套措施不完善等原因,导致证人不愿意出庭。美国辩诉交易制度在很大程度上减少了开庭刑事案件的数量,其关于书面陈述的规定也减少了证人出庭作证的需求,在一定程度上实现了被告人人权保护和公共利益的平衡,值得借鉴。完善证人出庭作证制度,应以案件"客观需要"为标准,以追求事实真相为出发点,以人权保护和人性回归为落脚点,遵循限制性处罚原则和禁止利益冲突原则,提高相关规定的可操作性。因此,不宜盲目追求证人高出庭作证率。     

Perceived emotional intelligence and social competence in neglected adolescents

This research work analyses the emotional intelligence (EI) and the social cognitive attitudes and strategies in adolescents between 12 and 17 years of age in residential care. The aim of the work is to identify those aspects that hinder their socio-emotional competence, requiring a more urgent intervention. We explore the presence of significant differences between the variables under study according to gender and age range (12–14 and 15–17) and we analyse the relationship between the dimensions of their EI and their social competence. The results show a lack of EI in these adolescents, with all three dimensions being affected: emotional attention, clarity of feelings and emotional repair. As for social competence, it can be seen that the adolescents are characterised by a lack of confidence and firmness in their interactions. Worthy of note is the impulsive cognitive style, as are the rigidity of thought and the tendency towards social mistrust and suspicion. There are many difficulties concerning the strategies for resolving social problems. This research highlights the need to design training programmes for the residential care centres that will favour their socio-emotional development.     

清代棚民问题侧论

农民背井离乡,到山间开垦并种植山地,开发种种山林资源,以谋生存,被称为棚民.清代棚民,数量庞大.政府为了维持社会稳定,对棚民采取安辑的政策.棚民对山地等山林资源的开发,严重破坏了生态环境,造成了严重的后果.对社会维稳和生态维护的两难选择,包世臣的应对策略,很有意义.     

Children's nurses' experiences of child protection: what helps?

This paper reports on one area of findings of a study undertaken in the spring of 2008 at a district general hospital in the south of England. Individual semi‐structured interviews using an interpretive phenomenological approach were undertaken with 15 nurses and midwives working in paediatrics who had been involved in child protection cases. The aim was to explore their views and feelings of the experience. Very little research was found to inform this subject and none specifically with nurses working with sick children. Interviews were taped, transcribed and analysed thematically. It was discovered that involvement in child protection has a lasting impact on individuals; nurses need procedural information from a knowledgeable supporter during a case; and they need support from the right person in the right place at the right time for them. The Named Nurse was identified as being crucial in giving effective support to individuals during child protection cases and trusted advice and support helps staff follow through on niggling concerns, potentially preventing abuse. Copyright © 2009 John Wiley & Sons, Ltd.     

Not either/or but both/and: An Academic/field partnership in practice

Abstract

The relationship between academia and the field and between theory and practice is often characterised in both the literature and the everyday practice of social work as either one or the other. In this paper, the author argues for a constructive integration of both/and rather than either/or. The paper reports on a constructive organisational partnership between academia and a field of practice that supports a both/and view.     

The Decoupling of Social Policy Reforms in Romania

Social reforms in Romania have been, from the beginning of the 1990s and throughout the EU post‐accession phase, the battlefield for many domestic and international actors. The article identifies, from an historical institutionalist perspective, the international actors who decisively influenced reforms of social protection in Romania during the transition, with a special emphasis on the EU pre‐ and post‐accession stages. Further, the article attempts to understand the impact of the various external influences on the sustainability and effectiveness of domestic reforms, by assessing the convergence, or the decoupling, between the rationales – i.e. ideologies and values – that explicitly grounded social reforms in Romania and the domestic public rhetoric on social risks and values. Answers to these questions can provide important insights in regard to both the impact of the EU upon new member states and the challenges of EU enlargement for the EU and its core member states.     

No sign of harm: issues for disabled children communicating about abuse

While all children may be the victims of abuse, disabled children are particularly vulnerable. This paper explores the views of professionals working with children using alternative/augmented communication systems on the issues relating to communication about abuse. Interviews were carried out with 20 staff from eight establishments for disabled children across Scotland. It describes the range of alternative/augmented communication systems used and the barriers to communication about abuse. Staff generally accepted the importance of providing the appropriate vocabulary in augmented communication systems, but systems that provide such vocabulary were not widely used. Staff considered that a major difficulty concerned the level of understanding disabled children might have about concepts of abuse. They were unsure how the appropriate vocabulary could be introduced in a natural way and how links could be made between the signs and their meanings. Staff saw themselves as those most able to protect the children, but it was felt that discovery of abuse was more likely to come from them noticing physical signs, behaviour or mood changes than from the child communicating explicitly about abuse. The need for appropriate training and increased coordination between social work, health and education is highlighted. Copyright © 2001 John Wiley & Sons, Ltd.     

Building community: a conceptual framework for child protection

This paper proposes a community-building framework as an innovative strategy to begin to re-claim children and families at risk. It is a strategy that identifies a purpose, a value base, knowledge and theoretical dimensions, and methods of practice that present as an approach for child welfare systems to consider shifts in thinking in order to meet what is considered the most important challenge of the next century: that of rediscovering community. Copyright © 2001 John Wiley & Sons, Ltd.     

Chronic Child Abuse: The Characteristics and Careers of Children Caught in the Child Protection System

The introduction of the Quality Protects initiative in Englandand the focus on performance management has challenged socialservices departments to examine the systems, processes and outcomesfor children who have their name on a child protection register.Research indicates that approximately one-quarter of the situationsin which children are registered could be described as chronic—thatis, they remain on the child protection register for significantperiods of time, experience more than one period of registrationor suffer a further incident of significant harm whilst subjectto a child protection plan. In this article, the findings froma research study conducted into this group of vulnerable childrenare reported, focusing on the characteristics of the childrenand their families, and their careers in the child protectionsystem. The paper concludes with observations about the weakconceptualization of performance management and the need torecognize the complexity of the factors that influence children’scareers in the child protection system.     

Enriching Resources for the Poor: Lessons from the Philippines

The paper provides an overview of the poverty situation in the Philippines, followed by a brief profile and assessment of two anti‐poverty programs: the Kapit‐Bisig Laban sa Kahirapan‐Comprehensive and Integrated Delivery of Social Services (KALAHI‐CIDSS) program and the Pantawid Pamilyang Pilipino Program (4Ps). Official statistics disclose that the global economic crisis in 2008 adversely affected Filipino households, leading to higher levels of poverty especially in rural areas. In response, government introduced an Economic Resiliency Program with social protection as one component. Sixty‐six social protection programs were launched, including the two under review. KALAHI‐CIDSS and the 4Ps apply poverty reduction strategies that focus on the development of human and social capital, rather than economic capital. They involve processes and relationships that aim to improve the other dimensions of poverty, such as lack of access to opportunities or deprivation of basic human necessities. Qualitative and quantitative reports describe generally favorable outcomes from both programs. However, these gains at the household level need to be supported by relevant policy, enhanced public services and badly‐needed infrastructure programs from government, in order to sustain achievements culled from social protection programs and attain broader developmental impacts.