省直管县改革背景下市县横向分治与合作机制之构建

省直管县改革是为适应经济社会快速发展而进行的行政层级调整,对于破除市管县体制藩篱、激活和增强县域经济发展活力、提高行政效率具有重大意义。实践中,市县科层结构"交错纠缠"、省级政府管理幅度偏大、市县资源依赖关系受到冲击等问题一定程度上影响了省直管县改革的推进,导致改革的政策红利未能充分释放。应从增加省直管县试点数量、推动市县科层结构扁平化、维护市县共生性资源依赖关系、引导市县从资源竞争走向差异化合作等方面着手构建并完善市县横向分治与合作机制,以推动省直管县改革取得更大成效。     

化肝煎治疗难治性胃食管反流病临床观察

目的 观察化肝煎联合兰索拉唑治疗难治性胃食管反流病（gastroesophageal reflux disease，GERD）的临床疗效。方法 将66例难治性GERD患者随机分为治疗组和对照组，每组33例。对照组采用兰索拉唑口服，治疗组在对照组的基础上加化肝煎口服。观察两组治疗前、治疗4周后中医证候积分、胃食管反流病问卷（gastroesophageal reflux disease questionnaire，GERD-Q）积分的变化，并比较两组临床疗效。结果 与治疗前比较，两组患者治疗后中医证候积分、GERD-Q积分均显著减少（P＜0.05）；治疗组患者中医证候积分、GERD-Q积分减少程度均明显大于对照组（P＜0.05）。两组中医证候疗效比较，差异有统计学意义（P＜0.05）。结论 化肝煎联合兰索拉唑治疗难治性GERD疗效确切，不良反应少。     

论税收法定原则的司法化

税收法定原则的司法化是“全面落实税收法定原则”的必然要求,而传统理论疏漏了其中的司法内涵,导致税收法定原则出现了作为基本原则却难以直接指导和适用于税收司法的悖论。鉴于税收法定原则与罪刑法定原则的亲缘性,发展相对成熟的罪刑法定原则可以为完善税收法定原则的内涵构成提供三点启示。同时,结合税收法定原则的固有内容,税收法定原则的司法化应当在适用范畴上向司法原则扩围,价值层次上向实质正义升华,法定程度上向相对法定适当松动。据此,三路并进,税收法定原则的司法内涵得以全面、系统的补漏。税收法定原则司法内涵的完善将有助于打破税收法定原则司法化的理论困局,助推“全面落实税收法定原则”法治图景的实现。     

A view from the policy community: a new strategic narrative for Europe?

ABSTRACT

Reflecting on the results presented in articles in this special issue, European leaders should take greater account of external perceptions in crafting the European Union's strategic narrative and guiding its actions. Failure to do so has impaired external policies like the Euro-Mediterranean Partnership, the European Neighbourhood Policy and Eastern Partnership. Leaders emerging from the Arab uprisings perceived the EU as complicit with their countries’ former anciens régimes and Russian leaders see EU support for democracy and the market economy in former Soviet states as duplicitous and instrusive. Awareness of such perceptions should be filtered into EU decision-making, without validating views that European officials and diplomats consider misleading.     

CSR and social conflict in the Brazilian extractive sector

ABSTRACT

Corporate social responsibility (CSR) is an important means to address conflicts, support local development and build trust between businesses and civil society. Yet CSR often fails to live up to its ambitions and can even exacerbate conflicts between companies and communities. In this article we consider how changing CSR strategies over the past four decades between Brazilian company Vale to Norwegian company Hydro have fomented or mitigated company–community conflicts in Northern Brazil. We find that paternalistic and philanthropic approaches of Vale over time led to deep resentment and mistrust due to underdevelopment and environmental damages. Moreover, while Hydro’s more modern CSR strategies sought to deepen community engagement and build legitimacy, the company has struggled in addressing the legacies inherited from Vale and past and current civil society grievances. The case suggests that even forward-thinking CSR approaches are vulnerable to failure where they prioritise business risk over community engagement, neglect to account for past legacies in areas of operation, and fail to create a shared vision of future development. It suggests that EI companies should both understand and engage with their social and environmental impacts in the past, present, and future and create shared economic benefits in the short and long term in order to address social conflicts.     

An analysis of the fundamental tensions between copyright and social media: the legal implications of sharing images on Instagram

ABSTRACT

Copyright is inherently intertwined with the development of technology and none more so than the advent of the Internet and sharing technologies. More recently, social media platforms have become the latest challenge for copyright law and policy. This article builds on the literature that recognises the underlying conflict between copyright and social networking sites (SNSs); namely that the basic implication of copyright is the restriction of copying, whereas the ethos of social networking is the promotion of sharing. In particular, this article focuses on the disparity between the restricted acts of copying and communication to the public under copyright law and the encouragement of sharing on SNS Instagram. In doing so, it contextualises the debate surrounding copyright and social media and provides an understanding of the legal implications of using Instagram. As such this paper analyses (1) the infringement of copyright protected work on Instagram, and (2) the user-agreement and licensing of copyright material on Instagram. This study concludes that the disparity between the principles of copyright and social media lead to confusion and vulnerability of users. Therefore, it is suggested that Instagram should better inform its users of the implications of sharing third-party content as well as the terms of its user agreement. This could be done by implementing a copyright strategy, which includes a notice and takedown system as well as investing in producing educational content for users. Perhaps SNSs, such as Instagram might be more motivated to take steps to recognise intellectual property rights if they were considered Internet Services Provides such as YouTube.     

Articulating the threatened suffragette body: suffragette embroidered cloths worked in Holloway Prison, 1911–1912

ABSTRACT

In public archives there are a number of hand-embroidered cloths worked by suffragettes incarcerated in Holloway Prison between 1911 and 1912. Denied political status, some of the embroiderers used the hunger strike as a political tool and were forcibly fed. In this paper the embroideries are reframed as material and discursive evidence of suffragette prison experiences. The material narratives of the embroidered cloths are traced, drawing on a dialogue between critical theory, material object enquiry, practice as research and the work of contemporary textile practitioners. Embroidering by suffragettes is explored as an embodied and situated ‘thread act’ that materialised the making of networks, the need for protection of the body and mind, the powers and dangers of boundary crossing, and proto-political thinking.     

孝女与虎患--以明清长三角地区方志记载为中心的讨论

明清时期长三角地区方志中的遇虎孝女给人以女德化身的印象。然而细细考量,可以发现虽然国家话语体系认同此孝,但因为统治阶层(男性)对典范女性的塑成寄予更多期待,女孝的边界亦随之延展。本文通过对相关文献的钩沉与梳理,着重分析女性遇虎行孝的数量、类型及对象,进而对这一特殊女孝文本所隐涵的教化目的与性别含义进行探讨。文章指出,兼具凶猛和灵性的"山兽之君"不过是检验女德的一剂良方,以身代亲的行为不仅被着上了道德和功利的双重色彩,而且被用来移孝作忠、移孝守节甚至是移孝替孝,女性只能也必须依赖自己在家庭中所扮演的角色获得更多的道德肯定。     

Defenders of Freedom or Perpetrators and Facilitators of Crimes? Beyond Progressive Retreatism in the Trump Era

ABSTRACT

Heavily influenced by broad definitions of crime developed by a few pioneering critical criminologists, the main objective of this article is to provide evidence showing that the current Trump administration is a regime that commits crimes of the powerful and facilitates some types of interpersonal violence in private places. Special attention is devoted to direct and in-direct state-perpetrated violent crimes against women.     

仪式与暴力——论卡夫卡《在流放地》

卡夫卡的《在流放地》展示了新旧时代交替过程中，仪式与暴力的运行方式的变迁。在古旧的刑罚体系中，绘制仪、耙等工具以不同的功能在十二个小时的行刑仪式中展演暴力；而人则在仪式化的暴力下，被降级为动物性、工具性的存在，丧失反抗能力，臣服于暴力。作品中新指挥官上任后的新时代，仪式式微，权力空间从公共景观转向封闭场所，惩罚对象从肉体转向灵魂，暴力隐匿。但是，式微的仪式仍有着潜在的力量，暴力终会以某种形式复归。