权利与权利失效

禁止权利滥用原则的要旨是要求民事活动的当事人在行使权利及履行义务的过程中,实现个人利益与社会利益的平衡。禁止权利滥用原则负载了“社会本位”权利观的价值,在民法上成为一般条款。基于法律基本原则的不确定性(模糊性)特征,故设立权利失效原则实乃必要。文章以权利的本质和禁止权利滥用原则为分析出发点,阐述权利失效的构成及功能。     

Children living with parental substance misuse: A cross‐sectional profile of children and families referred to children's social care

Parental substance misuse is a significant public health and children's rights issue. In the United Kingdom, social workers frequently work with children and families affected by substance misuse. However, relatively little is known about this population, particularly at point of referral to children's social care. This paper reports on the largest known study of parental substance misuse as a feature of children's social care work in England. The paper provides a cross‐sectional profile of 299 children living with parental substance misuse and referred to children's social care in one local authority in England. Data were collected from social work case files at the point of referral to social care about the child, family, the wider environment, and parental substance misuse. The findings show that children affected by parental substance misuse frequently had other support needs relating to their well‐being and mental health. Children were also likely to be experiencing other parental and environmental risk factors. The significant historical—and in some cases intergenerational—social care involvement for some families indicates potential issues with the capacity of services to meet needs. Recommendations for practice are discussed with a particular focus on the need for early, comprehensive support for children and families.     

统计平均数的统计学机理研究与应用

统计平均数是社会经济统计分析中应用最广泛、最重要的综合指标之一,在统计理论研究和其他领域中均有极为广泛的应用。文章主要针对统计平均数进行了系统的研究,从统计平均数的各个种类上做了详细的阐述,并揭示了各平均数之间的内在联系。同时,重点对统计平均数的数学机理及应用误区做了研究,并对如何正确地应用统计平均数提出了一些可借鉴的原则。     

Resisting your good intentions: substance‐misusing parents and early intervention to support and monitor children in need

Children from substance‐misusing families face elevated risks in growing up well and safe. Early intervention is an opportunity for local authorities to offer support and keep a watching brief on children's welfare. However, the basis upon which agencies voluntarily engage with families in advance of major problems becoming evident is far from straightforward. This qualitative pilot study in Scotland followed professional decision‐making over 6 months (n = 20 professionals) with a small number of families (n = 6) defined as in need of supportive intervention. This support was allied with an intention to monitor the family situation, which, in these data, appeared to affect the willingness of families to engage with services. As services sought to increase their voluntary oversight, sometimes by threatening escalating involvement, so families by various means appeared to resist it. Successful early intervention is reliant on voluntary family participation and thus requires close attention to means of positive and motivated parental engagement to disarm resistance.     

Parental substance misuse and statutory child protection in England: Risk factors and outcomes

Parental substance misuse is a significant child welfare issue and associated with increased risk of child maltreatment. The aim of the present study was to understand what social care outcomes children who live with parental substance misuse have, and to assess factors associated with those social care outcomes over a two-year period. The paper reports on a retrospective longitudinal study of 299 children all living with parental substance misuse and referred to one local authority in England. Data were collected from children's social work case files about procedural social care outcomes and factors which may be associated with those outcomes. Using cluster analysis, a new typology of children's longitudinal trajectories through the children's social care system was developed, consisting of five distinct types. Analysis indicated that some children received too little intervention from children's social care despite ongoing concerns, while other children were potentially unnecessarily caught up in the social care system. Factors associated with children having the poorest outcomes were: caregiver instability resulting from substance misuse, parenting capacity and household instability. The study's findings indicate that some children who live with parental substance misuse are at significant risk of harm, but others are not and may be better supported through non-statutory services such as early help.