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1.
卫欣 《广州广播电视大学学报》2011,11(3):68-73,110,111
我国现行刑事诉讼法第一百四十五条和一百七十条第（三）项规定了公诉转自诉制度,目的是加强对被害人的保护和强化对检察机关的监督,然而,无论是在理论层面还是在司法实践中,该制度均存在许多不足之处,使其几乎处于虚置状态,难以实现立法原意,而国外的强制起诉制度则可以很好地解决公诉转自诉所存在的问题。因此研究强制起诉在域外的相关立法,构建符合我国国情的强制起诉制度,对于改革我国的不起诉被害人自我救济制度具有重要意义。 相似文献
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李倩 《武汉体育学院学报》2011,45(7)
介绍美国法中的劳动豁免制度,分析美国联邦最高法院为工会的集体协商行为创设的非成文法上的反垄断豁免的实践和理论根据,总结了美国职业体育领域的若干判例对适用该豁免制度而形成的三要件标准。特别研究了布朗案对非成文法中的劳动豁免制度的重要影响和挑战。以此为基础,论证了集体协商制度和劳动豁免制度对未来中国职业体育的市场化的借鉴意义。 相似文献
3.
金敏 《上海教育评估研究》2012,1(3):75-79
义务教育是我国一项基本公共服务,在义务教育实现全面普及和免费之后,国家明确把义务教育均衡发展作为基础教育改革的重中之重,优质资源的辐射是义务教育均衡发展的有效手段。本文以上海市金山区某中学为例,剖析“上海市以委托管理推动农村义务教育学校内涵发展工作”和“金山区城乡初中组团发展”两个项目在项目命名及内涵、实施模式、实施的具体内容及责任、实施期限、评估与奖励等五个方面的异同,并给出作者在“政策倾斜,确保公共教育资源均衡配置”、“调整经费结构、设立奖励基金,促进项目工作不断完善”、“情感融洽、追求共同的价值取向、构建先进的校园文化”等三方面的思考与进一步完善优质资源辐射的建议。 相似文献
4.
Many regional and local Departments of Education in many countries now require their primary school teachers to be mandatory reporters of child sexual abuse. However, many student–teachers are not provided with courses on child protection and its policy requirements during their pre-service university education. So, how do student–teachers source, and develop, their professional information about this important role? This study examines an Australian university cohort of final 4th year bachelor of education primary school student–teachers, asking them to identify and clarify the nature of any relevant professional information they accessed over the 4 years of their teacher education. The results show that, in the absence of formal child protection courses, such professional information was scarce and sporadic. Student–teachers consistently indicated a pattern of not learning about essential Department of Education policies and procedures whilst at university. These results, although disappointing, provide a rationale for university curriculum planners to design appropriate pre-service university training courses that initiate, develop, and enhance student–teachers’ professional competencies as mandated reporters of child sexual abuse. 相似文献
5.
Child sexual abuse is widespread and difficult to detect. To enhance case identification, many societies have enacted mandatory reporting laws requiring designated professionals, most often police, teachers, doctors and nurses, to report suspected cases to government child welfare agencies. Little research has explored the effects of introducing a reporting law on the number of reports made, and the outcomes of those reports. This study explored the impact of a new legislative mandatory reporting duty for child sexual abuse in the State of Western Australia over seven years. We analyzed data about numbers and outcomes of reports by mandated reporters, for periods before the law (2006–2008) and after the law (2009–2012). Results indicate that the number of reports by mandated reporters of suspected child sexual abuse increased by a factor of 3.7, from an annual mean of 662 in the three year pre-law period to 2448 in the four year post-law period. The increase in the first two post-law years was contextually and statistically significant. Report numbers stabilized in 2010–2012, at one report per 210 children. The number of investigated reports increased threefold, from an annual mean of 451 in the pre-law period to 1363 in the post-law period. Significant decline in the proportion of mandated reports that were investigated in the first two post-law years suggested the new level of reporting and investigative need exceeded what was anticipated. However, a subsequent significant increase restored the pre-law proportion, suggesting systemic adaptive capacity. The number of substantiated investigations doubled, from an annual mean of 160 in the pre-law period to 327 in the post-law period, indicating twice as many sexually abused children were being identified. 相似文献
6.
OBJECTIVE: The present study provides the first empirical investigation of the South Australian Education Department Mandated Notification Training program. This program, which has been available since 1989, was developed to prepare educators and other mandated reporters to fulfill their reporting obligations for suspected child abuse and neglect. The main objective of the present study was to investigate whether Mandated Notification Training achieved its stated aims. METHOD: A three-sample independent groups design was used. A survey was responded to by 41 teachers and school personnel who had recently completed training, 31 people who had not completed training, and 73 people who had completed training some years previously. RESULTS: The training program increased participants' confidence in their ability to recognize the indicators of abuse, their awareness of their reporting responsibilities, their knowledge of what constitutes reasonable grounds for reporting, and of how to respond appropriately to a child's disclosure of abuse. Training also increased participants' acceptance of the incidence and seriousness of child abuse. CONCLUSIONS: The South Australian Education Department Mandated Notification Training is successful in achieving its stated aims. For some teachers, there is clearly a mismatch between the level of evidence required by law for reporting to occur and the level teachers expect to satisfy their own personal need for confidence in initiating the serious step of a child abuse report. This mismatch remains after training and probably contributes to the significant occurrence of nonreporting or discretionary reporting reported in the literature. 相似文献
7.
王俊霞 《广播电视大学学报》2009,(3):47-50
适用《合同法》第52条第五项规定时,应对强制性规定作限定性的解释和具体分析,真正从尊重当事人的意思自治、维护合同自由、鼓励市场交易出发,结合具体案情,综合各种因素去设定合同的效力,应尽量减少无效合同的认定,以最大限度地实现私法精神。 相似文献
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9.
江顺心 《淮南职业技术学院学报》2009,9(4):98-100
强行批准体现了司法权力对公司重整计划的干预,把实现企业重建作为首要目的和任务,将企业置于中心地位,不仅着眼于包括企业在内的各方当事人的利益,而且着眼于企业在社会经济生活中的地位及其兴衰存亡对社会生活的影响,公正的程序固然重要,但有效率的程序更是重整制度的价值追求。强行批准制度平衡了债权人和职工以及破产企业三方的利益关系,兼顾社会资源的优化配置和社会秩序的和谐稳定。 相似文献
10.
Despite being a primary response to child abuse, it is currently unknown whether contact with child protection services (CPS) does more good than harm. The aim of the current study was to examine whether contact with CPS is associated with improved mental health outcomes among adult respondents who reported experiencing child abuse, after adjusting for sociodemographic factors and abuse severity. The data were drawn from the 2012 Canadian Community Health Survey-Mental Health (CCHS-2012), which used a multistage stratified cluster design (household-level response rate = 79.8%). Included in this study were individuals aged 18 years and older living in the 10 Canadian provinces (N = 23,395). Child abuse included physical abuse, sexual abuse, and exposure to intimate partner violence (IPV). Mental health outcomes included lifetime mental disorders, lifetime and past year suicidal ideation, plans, and attempts, and current psychological well-being and functioning and distress. All models were adjusted for sociodemographic factors and severity of child abuse. For the majority of outcomes, there were no statistically significant differences between adults with a child abuse history who had CPS contact compared to those without CPS contact. However, those with CPS contact were more likely to report lifetime suicide attempts. These findings suggest that CPS contact is not associated with improved mental health outcomes. Implications are discussed. 相似文献