美国核安全管理体制与法律体系探究及启示

美国是重要的核能与核技术利用大国,在核安全监管方面,建立了独立的核安全监督管理部门,并通过建立较为有效的管理体制和完善的核安全法律体系对核能发展实现安全监管.日本福岛核事故后,如何实现核能发展与安全保障之间的平衡,提高我国核与辐射安全水平,成为社会公众关注的焦点.本文对美国现阶段核安全管理体制与法律体系进行了初步探究,...     

媒体对食品安全监督作用的法律规范

媒体对食品安全的监督作用日益增强,但是,媒体对于食品安全事件的报道却存在不客观、不及时以及处理模式有瑕疵等问题。文章从法律规范的角度探究产生相关问题的原因,并针对这些原因的存在,指出国家应当在法律规范上明确媒体食品安全监督权力的存在,建立对恶意虚假报道的法定追责机制,对操守不良的媒体从业人员的法定隔离机制,以及建立食品安全行政监管机关同媒体间的法定双向沟通渠道等。最终使媒体对食品安全的监督作用能够得到最大程度地发挥。     

法经济学视角下中国食品安全事件的规制维度

根据法经济学的理性经济人假设,食品安全事件产生的主要原因在于食品安全违法行为的总收益大于风险成本,以及违法行为人对食品安全违法行为成本的较低预期和对食品安全违法行为危害的较低预期。当前食品安全相关的法律规制却存在对食品安全违法行为的惩罚过轻、食品行业龙头企业违法行为频现,以及缺乏对食品安全规制的整体规划等问题,从而使食品安全违法行为具有了相当的获利空间,成为当前食品安全事件频发的主要原因。因此,有必要通过加大惩罚力度增加违法成本、建立龙头企业重点监控制度、提高违法成本预期,以及科学规划食品安全规制、加大打击力度等法律规制手段,实现对食品安全事件的有效控制。     

You protest too much, methinks: Investigating the features of truthful and fabricated reports of traumatic experiences.

Legal decision-makers frequently assess the credibility of reports of traumatic victimization. In this study, we compared the memory features and post-traumatic symptoms associated with truthful and malingered reports of trauma. Participants (N=126) described in writing both a genuine and a fabricated traumatic experience (counterbalanced) and completed scales relating to the severity of the associated trauma symptoms. Relative to accounts of genuine trauma, the information in fabricated accounts was less plausible and contained fewer contextual details. However, truthful and false reports were qualitatively similar on other criteria such as coherence and relevance. Fabricated traumatic experiences were associated with extreme ratings on multiple, diverse psychological measures of emotional distress and a higher level of apparent post-traumatic stress disorder. However, most participants were able to "fool" widely used validity scales. Implications for evaluating the credibility of claims of victimization in legal cases are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Sexual robbery: The missing concept in the search for an appropriate legal metaphor for sexual aggression.

Beginning in the late 1970s and continuing into the early years of the next decade, feminists provided compelling evidence that under the existing rape laws a woman's sexuality was treated as "property" belonging to a man. They emphasized that rape was an aggressive invasion of a person's physical integrity and in 1983 rape was redefined in the Criminal Code as a form of assault. The use of physical assault as a metaphor had the effect of shifting the emphasis of the essence of sexual aggression away from a woman's sexuality as property to the coercive nature of the act. A decade later, the evidence suggests this was an ill-conceived change. Redefining rape as a sexual assault, and measuring the severity of the crime by the level of physical violence, has established the legal and social expectations that the woman must be injured to be a "legitimate" victim. This paper advances the proposition that treating a woman's sexuality as property, as did the old rape law, was correct, and that a more appropriate metaphor is robbery. The metaphor of robbery treats a woman's sexuality as property, but achieves reform by shifting ownership from the domain of a male to the woman herself. Robbery implies the use or threat of force, but, unlike assault, does not require harm to the victim as evidence of the robbery. The theoretical proposition that conceptualizing the essence of sexual aggression as "assault" has failed and that "robbery" may be more appropriate was evaluated by examined every case of sexual assault (n=50), physical assault (n=158) and robbery (n=82) that appeared before the Halifax Law Courts between 1983 and 1988. This legal profile of sexual assault was compared to the alternative profile created by examining every case (n=593) of sexual assault reported to the local sexual assault service during the same time period. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Strategies for private practitioners coping with subpoenas or compelled testimony for client records or test data.

Psychologists have numerous ethical, professional, and legal obligations regarding the release of client records, test data, and other information in the legal context. The demands of the legal system sometimes conflict with psychologists' ethical obligations to maintain confidentiality of client records, to protect the integrity and security of test materials, and to avoid misuse of assessment techniques and data. This article identifies legal issues that may arise when private practitioners are faced with subpoenas or compelled court testimony for client records or test data and suggests strategies that might be considered in the event such a subpoena or demand is received. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Legal recognition of same-sex relationships in the United States: A social science perspective.

Whether and how civil society should recognize committed relationships between same-sex partners has become a prominent, often divisive, policy issue. The present article reviews relevant behavioral and social science research to assess the validity of key factual claims in this debate. The data indicate that same-sex and heterosexual relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to her or his ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. It is concluded that same-sex couples and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships. Trends in public opinion toward greater support for legal recognition of same-sex couples are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

论专家法律意见书

文章通过对专家法律意见书与古今中外相关概念的比较，指出专家法律意见书既不是实然上的证据形式，也不能作为应然上的证据，并从法理和社会意义的角度论证为当事人出具的专家法律意见书不具备存在的合理性。     

On the Ontological Status of Plans and Norms

This article describes an ontological model of norms. The basic assumption is that a substantial part of a legal system is grounded on the concept of agency. Since a legal system aims at regulating a society, then its goal can be achieved only by affecting the behaviour of the members of the society. We assume that a society is made up of agents (which can be individuals, institutions, software programs, etc.), that agents have beliefs, goals and preferences, and that they commit to intentions in order to choose a line of behaviour. The role of norms, within a legal system, is to specify how and when the chosen behaviour agrees with the basic principles of the legal system. In this article, we show how a model based on plans can be the basis for the ontological representation of norms, which are expressed as constraints on the possible plans an agent may choose to guide its behaviour. Moreover, the paper describes how the proposed model can be linked to the upper level of a philosophically well-founded ontology (DOLCE); in this way, the model is set in a wider perspective, which opens the way to further developments.