宅基地使用权物权化探微

《物权法》的颁布确立了宅基地使用权的物权地位,但短短四条的法律条文并未体现出用益物权的应有权利。单一的住房保障价值取向在市场经济的冲击下,已不能满足农村生活的需要。对宅基地使用权物权化的讨论既要考虑其深刻的历史背景,反映宅基地使用权的福利属性;也要重视现实需求,突出宅基地使用权的财产属性。由于宅基地使用权兼具福利和财产双重属性,与传统物权法上的保障特定主体生存利益的人役权和提升土地资产效用的地上权具有相似之处,因此在体现福利属性的初始取得阶段,宅基地使用权应体现人役权特点,在之后的体现财产属性的流转及消灭阶段,应适用地上权规则。     

Residential Child Care Agencies as Learning Organisations: Innovation and Learning from Mistakes

The residential child care sector has been scrutinised via numerous inquiries following revelations of abusive and poor practice. These inquiries have made numerous recommendations which involve changes in practice and organisational culture, much of which is congruent with the features of a learning organisation. This article details research which evaluates the extent to which residential child care agencies exhibit the characteristics of a learning organisation. The research involved qualitative and quantitative methods, drawing on the experiences of a range of staff from the residential child care sector within Scotland. The findings revealed that residential child care agencies exhibit many features of a learning organisation, yet the extent to which these characteristics are perceived to exist differs significantly in line with the position staff occupy. Most significant were the findings that many staff do not feel supported to take risks nor encouraged to develop innovative practice; mistakes are not used as learning opportunities and a culture of blame is felt to exist. The implications of this are significant and this article identifies changes necessary to allow residential child care agencies to operate as learning organisations.     

我国现行《消防法》的缺失及修改建议

从行政法治的角度分析了现行《消防法》的不周之处,提出更新消防立法理念,提高消防立法技术,摆正消防法在行政法律体系中的地位,以完善消防行政组织规范、消防行政程序规范。     

Does residential mobility improve educational outcomes? Evidence from the Netherlands

This paper explores the impact of residential mobility on educational outcomes. By considering a large Dutch city with substantial internal residential mobility, we examine how residential mobility influences the decision of students to drop out of school. The paper exploits a rich administrative dataset with extensive information on educational, individual, family, housing and moving characteristics of students. It combines a matching design with a multivariate regression analysis, such that the evaluation draws on a well-comparable control group for the treated students. Accounting for individual, family, educational, neighborhood and housing characteristics, as well as for school and year fixed effects, we observe that residential mobility increases the probability of school dropout in the first few years after moving. The estimated effect changes, however, to a lower risk of early school leaving after an initial period, and then changes again to a higher risk after 6 years. This effect remains, regardless the level of education the students attended, or whether the student moves to a better or a worse neighborhood.     

The Perfect Storm of Trauma: The experiences of women who have experienced birth trauma and subsequently accessed residential parenting services in Australia

Background

There appears to be a chasm between idealised motherhood and reality, and for women who experience birth trauma this can be more extreme and impact on mental health. Australia is unique in providing residential parenting services to support women with parenting needs such as sleep or feeding difficulties. Women who attend residential parenting services have experienced higher rates of intervention in birth and poor perinatal mental health but it is unknown how birth trauma may impact on early parenting.

宅基地使用权审批制度研究

农村的实际情况与法律规定的审批制度有较大的差距,宅基地使用权审批制度应该从实用性和中国国情出发。县级土地行政管理部门对宅基地使用权审批行为应当是以依职权确认为主、依申请确认为辅的行政确认。体制改革应贯彻村级组织决定原则,县级审核、省市规划、加强监督原则,加强宣传教育原则。     

The importance of selected housing features at various stages of the life cycle

The spatial environment of the home is an important factor in the consideration of satisfactory housing for families. With the increasing demand for housing, it has become common to simply provide the basic structure without addressing the various wants and needs of individuals and families. It is the purpose of the study reported here to evaluate the importance of specific housing features based on stage in the family lifecycle. Results show that those features with the highest importance involve low maintenance, aesthetics, and environmental quality. Implications for home designers, educators, and consumers are discussed.Kathleen Ann Lodl is an Instructor in the Department of Consumer Science and Education, 128 Home Economics, University of Nebraska-Lincoln, Lincoln, NE 68583-0801. Her research interests include housing design, residential alterations, and female-headed households. She is currently working on a Ph.D. from the University of Nebraska.Betsy S. Gabb is an Assistant Professor in the Department of Textiles, Clothing and Design, 226 Home Economics, University of Nebraska-Lincoln, NE 68583-0802. Her research interests include housing design and residential space use. She received her Ed.D. from the University of Nebraska.E. Raedene Combs is a Professor in the Department of Consumer Science and Education, 134 Home Economics, University of Nebraska-Lincoln, Lincoln, NE 68583-0801. Her research interests include housing designs for special populations and families at risk. She received her Ph.D. from Purdue University.     

Modeling the detection rates of fires in nuclear plants: development and application of a methodology for treating imprecise evidence

A model is developed for the detection time of fires in nuclear power plants, which differentiates between competing modes of detection and between different initial fire severities. Our state-of-knowledge uncertainties in the values of the model parameters are assessed from industry experience using Bayesian methods. Because the available data are sparse, we propose means to interpret imprecise forms of evidence to the develop quantitative information, which can be used in a statistical analysis; the intent is to maximize our use of all available information. Sensitivity analyses are performed to indicate the importance of structural and distributional assumptions made in the study. The methods used to treat imprecise evidence can be applied to a wide variety of problems. The specific equations developed in this analysis are useful in general situations, where the random quantity of interest is the minimum of a set of random variables (e.g., in "competing risks" models). The computational results indicate that the competing modes formulation can lead to distributions different from those obtained via analytically simpler models, which treat each mode independently of the others.     

Adults in Wilderness Treatment: A Unique Application of Attachment Theory and Research

Research shows how an understanding of adult attachment applies to clinical treatment, such as outpatient therapy, but no literature explores the application of adult attachment to wilderness therapy, a distinct type of residential treatment. This paper explores how an understanding of adult attachment applies to wilderness therapy clients, as the nature of wilderness therapy involves losses, separations, and reunions, all of which evoke attachment needs. Adult wilderness treatment exemplifies an effective method of treatment that provides a secure base and supports healthy attachment relationships.     

On the margin? Residential child care in Scotland and Finland

Situated on the margins of Europe, Scotland and Finland are small countries which share similar demographic and economic profiles. In many European countries, residential child care can also be considered to be ‘on the margin’ of child care provision; there is ambivalence about residential care and a view that it should be used as a last resort. This paper examines systems and practices of residential care in Scotland and Finland, locating these in the context of wider child welfare policy in both countries. The underpinning principles of child welfare provision in both countries are similar—based on children's rights and primarily family-focused. In both countries there are also similar concerns about the fragmentation of child care provision and the cost of residential services. However, there are also important differences relating to child welfare provision and the use of residential care. In Finland, overall numbers of children in residential care are much greater than in Scotland; the age profile of these children and young people is very different; and the two countries vary markedly in the use of secure accommodation and custody. This comparative analysis suggests new ways of understanding the similarities and difference in the use of residential care in the two countries. It highlights the continuing challenge to develop residential care as a positive and integral part of a continuum of care services.