论纵向非价格限制的反垄断规制

纵向非价格限制是市场竞争中的常见形式,但主要法域的法律实施对现实回应缺乏有效性和连贯性,中国《反垄断法》亦未对其作出明文规定而使法律实施处于不确定状态。比较分析欧盟法和美国法就纵向非价格限制的规制发展出来的逻辑与经验类型,可以确立:以品牌内竞争限制为起点从而影响品牌间竞争的经销限制应为纵向非价格限制反垄断规制的规范类型。进而,对其实施反垄断规制的进路,应以“品牌内-品牌间”竞争为分析主轴,考察规制的结构性因素和规制区间,分析反竞争影响与层次、确认效率及其促进竞争转化。最后,至关重要的是,要明确纵向垄断协议作为独立规范类型的内在逻辑、形成区格于横向垄断协议和滥用市场支配地位的分析方法。     

劳动争议调解制度的重构

和谐劳动关系是和谐社会的重要组成部分,劳动争议调解制度是和谐劳动关系的重要组成部分,也是社会主义和谐社会的必然要求。基于时代的发展和当前我国劳动争议处理制度的现状,重构劳动争议调解制度已成为必然。     

我国行刑社会化进程中存在的问题及完善对策

近年来,我国一直在探求和实践着行刑社会化理念,虽然取得了一定成效,但与行刑社会化较发达的国家相比尚存在差距。因此,应当在刑法人道性、谦抑性等价值理念的指引下,准确把握我国行刑社会化进程中的突出问题并有效地予以改进和完善。     

网络传销犯罪的司法认定逻辑及其修正

基于传销犯罪的诈骗本质以及网络传销所衍生的诸多形式,原有的组织、领导传销活动罪的界定已经无法适应惩治网络传销犯罪的需要,应当基于体系与实践的双重考量,对网络传销犯罪的立法和司法作出相应的调适。组织、领导传销活动罪与集资诈骗罪系交叉竞合关系,两者在量刑上应保持平衡。网络传销犯罪在法益侵害程度方面未必高于传统传销犯罪。司法解释性文件对于网络传销犯罪的认定不应囿于组织内部参与传销活动人员30人三级的标准。网络团队计酬不应当构成犯罪。对于混合型传销,则应当结合"骗取财物"的要件予以全面判断。对为网络传销犯罪提供网络服务的行为,应区分情况适用共同犯罪、非法利用信息网络罪与帮助信息网络犯罪活动罪。对网络传销犯罪作证据综合认定时,应优先客观性证据,确立互联网电子数据的中枢证明作用,修正逐一收集参与传销活动人员的言词证据规则。     

体面劳动视域中的工会工作

体面劳动是涉及世界所有劳动者的、具有普遍性的问题.体面劳动是对劳动就业质与量的要求,是劳动就业质与量的统一.体面劳动的主旨和内核是劳动者的权益问题.促进体面劳动的实现,是工会的职责.工会要在多维视野中开展工作,完善三方协商机制,并以工会工作的社会化来促进体面劳动的实现.     

The Intergenerational Transmission of Values in National and Immigrant Families: The Role of Zeitgeist

Correspondence in value orientation between parents and their offspring may be due to actual transmission processes between generations, but it may also be due to influences from the general value context in society that are common to parents and their offspring. This common value context is referred to as Zeitgeist. The present study deals with one family relationship value (i.e., parents’ and adolescents’ obligations toward the family). Participants were 1,252 immigrant and 726 national adolescent–parent dyads from 10 Western countries. There were significant relationships between the value placed on family obligations among parents and offspring, and these were independent of gender. Zeitgeist effects, both intergenerational and intragenerational, were found. The strength of these Zeitgeist effects depended on the basis for defining Zeitgeist, either a person’s own ethnic group or the wider community including both nationals and immigrants. For explaining national adolescents’ acceptance of their family obligations, both the ethnic and the national Zeitgeist played a role, whereas in the immigrant groups only the ethnic Zeitgeist played a significant role. In short, in an immigration context it makes sense to distinguish the influence of a person’s own ethnic group from the influence of the wider community, including other ethnic groups. Explanations are suggested and implications are discussed.

A Qualitative Analysis of Vietnamese Adolescent Identity Exploration Within and Outside an Ethnic Enclave

Focusing on identity development explorations enables a greater understanding of contexts that affect immigrant adolescents. Utilizing thematic and grounded narrative analysis of 46 journal writings, during a one-month period, from first and second generation Vietnamese adolescents ranging in age from 15 to 18 (26 residents of a culturally and politically active ethnic enclave in Southern California; 20 adolescents living outside the enclave), this study establishes ways in which a focus on social context and exploration processes illuminates the complexity of immigrant adolescents’ identity formation. The two groups shared many similarities, including precipitants to exploration and steps undertaken to explore identity. However, two factors—social and cultural influences and emotional reactions—revealed interesting contrasts distinguishing enclave from non-enclave dwelling Vietnamese adolescents. Data also suggested that immigrant adolescents strive to integrate different domains of identity (ethnicity, gender, career) both with one another and with the historical, social, and cultural contexts they occupy.

Chinese American Adolescents’ Perceptions of the Language Brokering Experience as a Sense of Burden and Sense of Efficacy

Children of immigrants who do translations and who interpret for others using their heritage language and English are known as language brokers. Although prior research suggests that children of immigrants’ perceptions of the language brokering experience vary greatly—from feeling a sense of efficacy to feeling a sense of burden—what remains unanswered in the literature is identification of the antecedents and processes that help to explain the varying psychological experience of language brokers. Using data from a two-wave prospective longitudinal study of 256 Chinese American adolescents, the present study tested potential mechanisms that may be responsible for adolescents’ perceptions of the language brokering experience as a sense or burden or sense of efficacy. The results demonstrate that adolescents’ Chinese orientation sets in motion a family process that is linked to variations in the perceptions of adolescents’ language brokering experience. Adolescents who are more Chinese oriented have a stronger sense of familial obligation, and these adolescents are more likely to perceive that they matter to their parents. Adolescents’ perceived sense of mattering to parents, in turn, is associated positively with a sense efficacy, and negatively with a sense of burden as language brokers. Those adolescents who are less Chinese oriented have a weaker sense of familial obligation, and these adolescents are more likely to feel a sense of alienation from their parents. Adolescents’ sense of perceived alienation from parents, in turn, is associated with a sense of burden as language brokers. Implications for developing interventions for children who act as language brokers for their parents are discussed.

Associations Between Smoking and Extreme Dieting Among Adolescents

This study examined the association between cigarette smoking and dieting behaviors and trends in that association among US adolescents in grades 9–12 between 1999 and 2007. Youth Risk Behavior Survey datasets were analyzed using the multivariable logistic regression method. The sample size of each survey year ranged from 13,554 to 15,273 with girls representing 49–51% of the sample (N = 71,854). About 62% of the entire study participants were whites and 14% were blacks. Prevalence estimates of current smoking and corresponding 95% confidence intervals were computed across four comparison groups formed by gender and body weight. Extreme dieting was an independent predictor of smoking. Extreme dieters showed a higher variability of smoking behavior than their peers. The magnitude of the association between smoking and extreme dieting became smaller in recent years among adolescents but remained unchanged among non-overweight girls over that same time period. When adolescent smoking behavior is examined, the intensity of dieting behavior should be considered within its association with other co-occurring unhealthy behaviors.     

Perceptions of Problem Behavior in Adolescents’ Families: Perceiver,Target, and Family Effects

Considerable research has focused on the reliability and validity of informant reports of family behavior, especially maternal reports of adolescent problem behavior. None of these studies, however, has based their orientation on a theoretical model of interpersonal perception. In this study we used the social relations model (SRM) to examine family members’ reports of each others’ externalizing and internalizing problem behavior. Two parents and two adolescents in 69 families rated each others’ behavior within a round-robin design. SRM analysis showed that within-family perceptions of externalizing and internalizing behaviors are consistently due to three sources of variance; perceiver, target, and family effects. A family/contextual effect on informant reports of problem behavior has not been previously reported.