完善我国动物致害责任的思考

动物致害责任是典型的对物的替代责任。饲养的动物指一切为人实际控制的动物。动物基于本身的危险性,以独立的动作侵害他人的民事权益,动物的所有人或管理人即应承担责任,不问其主观过错。混合过错下,所有人、管理人、第三人承担连带责任。而不可抗力、受害人的过错、第三人的故意以及受害人的承诺是责任主体据以援引的当然免责事由。     

‘We’re Civil Servants’: The Status of Trauma-Informed Care in the Community

ABSTRACT

Trauma-informed care (TIC) in social service organizations means that the organizations operate with the understanding that everyone involved has possibly experienced trauma in their lifetime. This qualitative study examined local service organizations’ usage of the 5 main principles of TIC: safety, trustworthiness, collaboration, empowerment, and choice (as developed by Fallot & Harris, 2006). Ten focus groups (n = 69) and 6 individual interviews (n = 6) with employees from administration through management were interviewed such that almost all facets of each agency were represented. The participants were asked about their agencies’ policies and practices for utilizing the 5 principles of TIC. The results suggest that the vast majority of organizations in this study implemented many of the principles of TIC with clients, though they had not labeled their practices as “trauma-informed.” However, although clients were receiving TIC, some of the principles were neglected as they pertain to staff, such as choice and empowerment. The findings of this study suggest that agencies are unaware of the relevance of TIC as it relates to staff. It is recommended that future research examine whether the use of TIC in agencies prevents “burnout,” high turnover rates, and vicarious traumatization of staff.     

Vicarious traumatization in counsellors working in the New South Wales Sexual Assault Service: An exploratory study

A number of case reviews and observations have reported on the effects, on counsellors, of working with victims of violence. In this study two groups of counsellors, sexual assault counsellors (n = 41) and counsellors from a range of other therapy areas (n = 32), were compared on a number of measures including the Maslach Burnout Inventory, Ways of Coping Scale and a Beliefs and Values Questionnaire. The results indicate that sexual assault counsellors experience greater emotional exhaustion and use more escape/avoidance coping strategies. Responses concerning beliefs and values are discussed in terms of McCann and Pearlman's constructivist self-development model and indicate support for the concept of vicarious traumatization. Implications of these findings for Sexual Assault Services are discussed.     

论英美法上的雇主责任

雇主责任是指雇主为其雇员的侵权行为承担的间接责任。英美法在其判例中确立的雇主责任制度颇有特色 ,它把确定雇员身份、确定工作过程作为雇主承担责任的前提条件 ,如果是雇主和雇员共同侵权 ,双方就应承担共同责任。这对我国确立雇主责任制度是有现实意义的     

Altruistic and Vicarious Fear of Crime: Fear for Others and Gendered Social Roles

Fear for others as distinct from personal fear is an understudied phenomenon. Relying on qualitative data, this paper explores gender differences in fear for others and identifies differences linked to social roles. For men, a paternal protector role characterized fears expressed mostly for their wives. For women, a maternal caretaker role characterized fears expressed for their children, elderly parents, and siblings. This paper offers a new way to conceptualize fear for others based on making distinctions between the object of fear and active or nonactive responses: kinship-based altruistic fear, kinship-based vicarious fear, general altruistic fear, and general vicarious fear.

普通法侵权行为中次级责任解读

侵权行为中的次级责任是指一方当事人应为另一方的侵权行为承担的法律责任。普通法中次级责任通常包括替代责任、共同责任、以及企业责任等。通过对普通法系侵权行为中的"次级责任"及英美国家中相关案例进行解读和分析能为明确中国法律意义上的侵权责任提供启示和帮助,促进中国法律的完善与适用。     

The Dialectic of Chaos and Control in the Experience of Therapists Who Work With Sexually Abused Children

The aim of this study is to contribute to the understanding the interaction between the emotionally destructive intensity of the trauma and forces that foster growth in therapists who treat sexually abused children. Data were collected through in-depth semistructured interviews with 14 experienced social workers. Content analysis reveals two emotional poles. At one pole, the dominant experiences are anxiety, turmoil, and intrusion that disrupted the order in the interviewee’s secure world. At the opposing pole, the dominant experiences are positive, such as hope and faith. These formed the basis of empowering meaning construction that engendered a sense of control, enabling the therapists to trust the value of intervention with sexually abused children. The discussion uses a dialectical perspective to examine how interaction between these two poles enhances our understanding of the emotional and existential threats inherent in working with children who have experienced sexual abuse and on the potential for positive change.     

Differential treatment in unemployment relief cases 1

Abstract

Trauma therapy influences the personal and professional lives of therapists as they cope with the secondary traumatic stress associated with treating trauma survivors. Therapists go through an internal process as they try both to make sense out of the stories they hear from clients, and to integrate those stories into their own existing cognitive schemas. During this process of integration, trauma therapists often experience secondary traumatic stress reactions that negatively impact the treatment process, as well as their own experiences of self. Secondary traumatic stress, vicarious traumitization, and worker burnout are distinctly different processes that practitioners need to differentiate, even though they are often similar in their initial presentation.     

商业特许经营外部民事责任探析

商业特许经营外部法律责任的认定与承担是一个复杂的问题,它既应符合特许经营的本质特性,同时也应适应民事责任承担的法理基础。目前在国内外虽有外部法律责任承担的诸种法案与观点,但仍存有不少缺失。比较分析相关学说,同时借鉴英美法上关于特许人责任的理论,特许经营外部法律责任形态应视不同情形而区别对待,总体上以受许人承担为主要原则,以特许人直接承担、代负承担为少数情形,以特许人连带承担为例外情形。     

关于我国《侵权责任法》中用人单位责任制度的思考

我国《侵权责任法》34条统一规定了用人单位的替代责任的概念和内容,却没有规定承担替代责任之后的追偿权利和追偿方式。现实生活中这个问题确实是普遍存在,法律不规定,当事人也要想办法解决。用人单位可用三种方式来解决此问题,即双方约定、单位规定和购买社会保险。另外,我国的用人单位责任与国外常说的雇主责任亦具有很大的相同性。