刑事诉讼主体的法理分析--以刑事法律关系为基础

犯罪行为引起的刑事法律关系是考察刑事诉讼主体问题的真正法理基础。国家与被告人作为刑事法律关系的主体是刑事诉讼的当事人 ,被害人及其近亲属不是刑事法律关系的主体 ,故不是刑事诉讼当事人 ,只是发动、支持公法性诉讼的公民追诉人。审判权与公诉权的分立 ,本质上是国家将自身作为自己的对象 ,并在自己(裁判者 )与作为对象的自身 (当事人 )之间建立绝对区分 ,体现了作为公共权力的国家的自我反思节制。其他刑事诉讼主体均不是刑事法律关系的主体 ,按照意志关系或者是国家的代表、被告人和被害人的代理人或帮助人 ,或者是不从属于任何一方的诉讼主体。     

回族习俗中的法理学思想探微

回族习惯法是回族人民在长期的历史发展过程中自发形成的调整回族成员内部的社会关系并为其成员共同奉行的行为规范。本文通过对回族习俗的描述,探讨回族习俗中的法理学思想的基本精神和在回族地区的现实意义,并在此基础上分析回族习俗中的法理学思想与现行法律的共性,从而更好地促进两者的有效结合。     

法学本科教育的性质定位再探

法学本科教育的性质是整个法学教学的灵魂和基本出发点 ,为适应社会的需要和发展 ,我们应改变传统的教学理念 ,将法学本科教育定位于以职业教育为主 ,培养高素质的复合型法律人才。     

A case of suspected child abuse by an adolescent mother: The use of short-term psychotherapy

The incidence of pregnancy during adolescence has escalated dramatically in recent years, with an estimated half a million infants born to teenagers each year in the United States. A disproportionately high amount of child abuse and/or neglect is encountered among adolescent parents, underscoring the need for an effective intervention strategy. Short-term psychotherapy may be beneficial in these cases for forging a therapeutic alliance expeditiously and rigorously challenging the patient's resistance. The case described involves alleged abuse by a 16-year-old mother. An intervention was designed to clarify the allegations surrounding the abusive incident, help the mother confront episodes of loss in her own life and overcome feelings of hopelessness engendered by separation from her infant.     

Therapeutic Assessment with Children in Family Therapy

Therapeutic Assessment with Children (TA‐C) is a brief semi‐structured intervention in which psychological assessment is used to help families with children and adolescents to change. In this paper we introduce the TA‐C model, describe its semi‐structured format and exemplify how it can be applied by family therapists.     

Horses and baseball: social work’s cultivation of one’s ‘third eye’

Active self-reflection is a sophisticated and subtle, multi-layered process that requires learning the capacity to constantly self-monitor. These fundamental interactive skills, the core of a competent social worker, are important to work in any context. Using two distinct metaphors, one relating to horses, the other to baseball, the article will explore the importance of developing competency skills and utilize a ‘third eye.’ In current social work education curricula the use of self may not be prioritized, practiced, or well understood. Evidence from human and veterinary medicine as well as social work, are discussed. An example of an undergraduate BSW course using simulated clients and standardized measures is discussed. The paper includes a brief review of the preliminary findings for a small pilot study and the relevance to future research is considered.     

‘Queen of the world’: experiences of ‘at-risk’ young people participating in equine-assisted learning/therapy

There is a significant body of research into the benefits of animal-assisted therapy (AAT) but less into the fields known as equine-assisted learning and therapy (EAL/EAT) where horses are incorporated in therapeutic and learning interventions. This paper explores the experiences of seven ‘at-risk’ young people who participated in a therapeutic horsemanship (TH) programme. The study followed a practice-near approach seeking to capture the young people's experiences within a participative ethnography. Themes related to the risk and resilience literature such as self-confidence, self-esteem, self-efficacy and a sense of mastery, empathy and the opening of positive opportunities are explored in this paper.     

Open Dialogue: Frequently Asked Questions

Open Dialogue is an approach to working with people and their families experiencing psychosocial distress. Interest in Open Dialogue in Australia has been growing recently, raising questions about its adaption and implementation to local contexts. This article is an attempt to answer some of the frequently asked questions we have encountered in training and discussions about Open Dialogue. We attempt to provide responses to questions of how Open Dialogue is different to what is done already, how it fits with current approaches, how you know if you are doing it, whether it is passive or just about doing reflections, issues about including the social network, and concerns about the evidence base. This article aims to present a variety of viewpoints in relation to these questions and to hopefully further discussions on how Open Dialogue can be implemented and adapted to Australian health care and social care contexts.     

死后人工生殖的生命法学思考

随着生物科学和医学技术的发展,出现了死后人工生殖问题。死后人工生殖对社会伦理及法律提出了挑战。我们应该坚持保障子女权利原则、自我决定原则、生育责任大于生育自由原则及人工生殖技术医疗性质的原则,对死后人工生殖问题做出判断; 应该制定全面的人工生殖法律,明确禁止死后人工生殖。