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21.
FTA战略下我国海外能源投资的法律问题研究——以我国投资澳洲能源为例 总被引：2，自引：0，他引：2
解决好海外能源投资中出现的法律问题是我国海外能源投资顺利进行的主要保障。海外能源投资出现的法律问题实质上涉及到资本输出国的相关完善的立法以及对于东道国相关外资法律规定的应对。据此对于如何完善我国资本输出的相关立法以及应对发达的东道国的外资法进行抛砖引玉的研究。 相似文献
22.
试析纪检口供的证据效力 总被引：4，自引：0，他引：4
当前,在查办贪污、贿赂、挪用公款等职务犯罪案件中,被告人翻供的情况比较突出。在此情况下,可否以纪检口供直接定案,成为司法实践中十分棘手的问题。通过考证现行立法及有关证据法理论,发现纪检口供并不具有刑事诉讼的证据能力,不能直接作为刑事诉讼证据。要解决这一司法难题,必须对现行反腐体制进行改进。 相似文献
23.
庭外供述笔录的非自愿性推定原则 --解决刑讯逼供问题的一种立法思路 总被引：1，自引：0，他引：1
刑事被告人的庭外供述笔录,也就是侦查人员在剥夺被告人人身自由的情况下所获取的有罪供述笔录,由于讯问过程的秘密性、封闭性和天然强制性,因此应一律被推定为非自愿的言辞证据.除非检控方能够提出证据证明其自愿性,否则,庭外供述笔录应一律被推定为非法的和不可采的证据,刑事法庭既不得准许检控方在法庭上提出该类证据,更不得将其作为定案的根据.经过这种证明责任倒置的技术性改革,侦查人员是否采取刑讯逼供的问题就可以转化成为庭外供述笔录是否具有自愿性和可采性的程序问题. 相似文献
24.
《Journal of Gender Studies》2012,21(3):249-261
This paper explores the women's stories in Pat Barker's three earliest novels: Blow Your House Down , Liza's England and Union Street . Using Kristeva's concepts of temporality from ‘Women's time’, it takes as its starting point the idea that Barker's women are trapped in a harsh cyclical timescale by gender, class and place. Motherhood therefore becomes another form of imprisonment, particularly when father figures are absent. Despite this, there are moments in the texts when women do experience connections that could be described as a more positive version of this cyclical time, one that gestures towards a female tradition, or genealogy. As this suggests, bonds between women in these novels, particularly mothers and daughters, are complex and often troubling, eschewing any easy version of female solidarity. They are more adequately described as bonds based on ‘a complex mixture of fascination and distaste’, evoking Luce Irigaray's work on relationships between women. This paper examines these bonds between women in the light of the work of Kristeva and Irigaray, focusing particularly on the relationships between mothers and daughters, arguably those at the centre of these ambivalent emotions. 相似文献
25.
《Journal of Gender Studies》2012,21(1):35-48
Whilst occupational segregation by sex remains the most pervasive aspect of the labour market, some men cross gender boundaries to work in female-dominated jobs. This article explores how men who do ‘women's work’ articulate reasons for moving into such jobs. Drawing on testimonies from a purposive sample of ten British men working in non-traditional jobs, we present personal testimonies and insights that challenge existing accounts of why men enter female-dominated work places. Following Bradley, four explanations are suggested for why these men opted to do non-traditional work. They are: labour market changes; role models; possibility of different masculinities; and career ambition. We argue that existing explanations are simplistic and unable to make sense of the contingent aspects of working life that account for why men choose to pursue jobs currently dominated by women. 相似文献
26.
《Journal of Gender Studies》2012,21(1):1-17
Feminist artists and critics have located postcolonial ‘Irish woman’ as ‘other’ to a dominant construct of ‘Irish manhood’, or to British colonialism. But what are the limits of a paradigm of woman as ‘other’ that privileges ‘gender’ and misses its intersections with ‘race’; or favours simplistic analogies between postcolonial Irish women and black and Third World women? Ireland's 2004 Referendum on Citizenship, which sought to exclude Ireland's non-white immigrants and reproduced national identity through gendered discourses of whiteness, highlights the need for feminist cultural critics to interrogate the hegemonic conflation of the categories ‘white’ and Irish. The referendum redefined the basis of citizenship as jus sanguinis – transmitted through bloodline – threatening many immigrants with deportation while affirming the belonging of the ‘Irish diaspora’ as a ‘blood’ inheritance. Influenced by Jacques Derrida's deconstructive methods, this essay shows that ironically, in works by women artists of the ‘Irish diaspora’, such essentialist notions of ‘Irishness’ are rebuked. It looks to visual culture to explore how Irish national identity has been construed through gendered discourses of ‘race’ and whiteness, and then turns to the symbolic practices of women to theorise whiteness as a historical and cultural construct, and a performed social location. 相似文献
27.
《Journal of Gender Studies》2012,21(1):61-76
Women's empowerment is a major concern in the developing world and is emerging as an important indicator of the development of a society as well as the status of women. In this paper, we study empowerment of women in families which have experienced the migration of their male members. A direct relationship between migration of a husband and a woman's empowerment is difficult to establish. Nevertheless, it is worthwhile examining whether women have experienced any change in their freedoms in terms of decision making, mobility and restrictions. Our measure of women's empowerment is based mainly on three indicators, viz. their decision-making powers, restrictions placed on them and their mobility. Analysis of these three indices of women's empowerment has been achieved through multinomial logistic regression models on data from India's 2005–2006 National Family Health Survey-3 (NFHS-3). The findings of this study show that out-migration of men has not had a significant impact on the emancipation of women. The common factors which increase the decision-making power and mobility of women and lessen the social restrictions placed on them are age, their educational attainment, marital duration, occupation and residence in urban areas. 相似文献
28.
《Journal of Gender Studies》2012,21(2):129-138
This paper investigates intersections between female career, feminist activism and the desire for mothering as dramatised by Timberlake Wertenbaker in The Break of Day. Wertenbaker’s 1995 play displays strong intertextual links with Chekhov’s Three Sisters; however, while Chekhov anticipated women’s paid work to constitute a solution for a multitude of societal problems, Wertenbaker focused on the long-term consequences of women’s employment, including the deferral and inability of bearing children. Despite the Chekhovian parallels, The Break of Day is a contemporary play that explores the fatigue at the end of the second millennium alongside the identity crisis experienced by thirty-something women, whilst also contemplating, in an ambivalent-cum-optimistic mode, the future. I argue that the fashion in which Wertenbaker engages with her protagonists’ past, present and future indicates a tendency to survey the transformations in women’s lives from the seventies to the mid-nineties. In fact, I claim, Wertenbaker’s protagonists replicate the very trajectory of women’s presence in the public sphere: from the hey-day of the Women’s Liberation Movement to times that re-interpret the successive feminist interventions, in order to meditate on the future of feminism and overcome the current crisis. 相似文献
29.
《Journal of Gender Studies》2012,21(4):423-443
This paper describes the significance of interpersonal context in the making of moral judgments. The study reveals the dynamics of moral development with regard to gender and age. The article draws on the social comparison orientation (Guimond et al. 2006) and questions Gilligan's (1977) structuralist position. The study focuses on the developmental aspect of morality in children aged between 7 and 12, and it specifies how gender identities are context and social role-specific and their impact on information processing. The study engaged some 240 children who finished incomplete narratives. The basic question concerned the process of solving implicit moral dilemmas and its possible dependence on care orientation (associated with femininity) or justice orientation (associated with masculinity). The analysis showed significant developmental changes with age: girls become more care-oriented but only towards opposite-sex peers, whereas boys become more justice-oriented but also only towards opposite-sex peers. The results of this study suggest, in accordance with Gilligan to some extent, that ‘care’ and ‘justice’ become naturalized ‘masculine’ and ‘feminine’ identities. However, in contrast to Gilligan's theory, we observe that these identities develop only in opposition to each other, are social context-specific, and coincide with gender role acceptance in the early teenage years. In other words, the study suggests that in the course of social comparisons, gender becomes an important catalyst for moral conduct. 相似文献
30.
《Journal of Gender Studies》2012,21(3):320-334
Trading is one of the strategies that Ghanaian women have adopted to overcome poverty and improve their well-being. Using in-depth interviews, this study examines the specific commercial activities that are undertaken by women in cross-border trading, the coping strategies that they use to address the difficulties that confront them, the impact of women's trading activities on their lives, and how these are linked to their subjective understanding of poverty and well-being. The analysis shows that women can lift themselves out of poverty through informal cross-border trading activities in spite of the challenges and risks they face. Such trading activities have enabled them to support themselves and to meet the needs of their households, and this has created a sense of life satisfaction, happiness, and self-fulfilment. The study recommends that trade and trade-related programmes developed at a national level must include the needs and concerns of female cross-border traders. This should include educational and sensitization programmes on trade laws and women's rights issues. 相似文献