浅析表见代理制度

表见代理制度在我国新《合同法》上的确立,反映了我国市场经济体制运行过程中对交易安全保护的重视。法律设立表见代理制度旨在保护善意相对人的合法权益,维护交易安全,建立安全、高效的经济运行机制。本文阐述了表见代理的概念、表见代理的构成要件及表见代理的法律后果,对如何完善我国表见代理制度进行了思考。     

IS ALL CORRUPTION DYSFUNCTIONAL? PERCEPTIONS OF CORRUPTION AND ITS CONSEQUENCES IN PAPUA NEW GUINEA

Many anti‐corruption organisations work from the notion that both petty and grand corruption axiomatically results in negative consequences. However, few studies have asked citizens to evaluate the effects of different scales and types of corruption. This article investigates how rural people in Papua New Guinea associate dysfunctional or functional consequences to different types and scales of corruption. It draws on findings from focus groups conducted in four provinces of the country. The article finds that most examples of corruption considered by respondents were perceived as dysfunctional; however, marginalised respondents considered small‐scale corruption as functional—if the acts described benefitted marginalised people. These findings suggest that it is critical that anti‐corruption organisations understand and respond to the constraints faced by poor and marginalised people when operating in weak states. Copyright © 2012 John Wiley & Sons, Ltd.     

Unintended Consequences of EU External Action

ABSTRACT

There is a gap in IR and EU scholarship concerning unintended consequences in an international context, leaving this important phenomenon understudied. To fill this gap, a conceptualisation of unintended consequences is offered, and a set of common research questions are presented, highlighting the nature (what), the causes (why) and the modes of management (how) of unintended consequences of EU external action. The Special Issue contributes to the study of the EU as an international actor by broadening the notion of the EU’s impact abroad to include the unintended consequences of EU (in)actions and by shedding new light on the conceptual paradigms that explain EU external action.     

Antecedents and consequences of interpersonal trust： An empirical study

The main purpose of this paper is to explore the effect of empowerment, participation and feedback as antecedents of interpersonal trust and organizational commitment and productivity as consequences of interpersonal trust. This study also attempts to find the influence of empowerment, participation and feedback on positive organizational outcomes such as organizational commitment and productivity. A quantitative research design was employed. Data were collected through survey instrument from 186 participants comprising professional, administrative and support staff working in one municipality of Istanbul （Turkey） government. The research results indicate that interpersonal trust is vital to positive organizational outcomes such as organizational commitment and productivity and to enhance the interpersonal trust and positive organizational outcomes, which are characterized by empowerment, participation and feedback are very important.     

The 2008 Election

The 2008 presidential election will be significant both for domestic and for foreign policy. Issues of security in domestic policy will continue to trump issues of freedom. The difficulties of resolving our military presence in Iraq will be the first among many important issues the new administration must confront. In both domestic and foreign affairs the new administration will have to deal with the unanticipated consequences of inherited policies even as it creates its own agenda and its own set of unintended consequences.

司法裁决的后果主义论证

后果主义论证是法律论证的一种形式,是实现合理的司法裁判和证成裁决结论的重要要素。司法中后果主义论证关注不同裁判方式所带来的可能后果,通过评判不同的后果来选择裁决结论。与一般情境中的后果论不同,司法裁决的后果主义论证主要出现在法官为正当化案件裁判所进行的二次证明中,它是基于可欲后果的证立,这种可欲后果是裁决的逻辑后果或一般后果。     

论注册商标的合理使用

随着市场经济的发展,法律对商标权的保护日益增强,但是这种保护的程度并非绝对的、不受任何限制的。因为任何权利都是有界限的,没有限制的权利就会被滥用,从而威胁公共利益。应确立商标合理使用制度,加强对商标滥用制裁,限制商标人的权利,维护他人正当合理使用“注册商标”的利益。     

Heterogeneous effects of adolescent violent victimization on problematic outcomes in early adulthood*

Violent victimization—particularly when it happens to young people—can inflict a wide array of negative consequences across the life course. Nevertheless, some victims are more likely to suffer these consequences than others, and we do not have a very good understanding of why that is. One promising avenue of research is to examine how individuals’ differential risks of being victimized affect the extent to which they experience negative outcomes. By using propensity score matching and data from the National Longitudinal Study of Adolescent to Adult Health (N = 8,323), in this study I estimate the heterogeneous effects of adolescent violent victimization on several problematic outcomes in early adulthood (violent and property offending, subsequent violent victimization, depressive symptoms, hard drug use, and low educational attainment). Individuals’ differential risks of adolescent violent victimization are estimated with a host of personal, social, and contextual factors, including prior experiences with crime and violence. The results show that the consequences of adolescent victimization in early adulthood are more pronounced for youth with the lowest risks of being victimized. These findings have important implications for theory, research, and practice, and they emphasize that the consequences of victimization cannot be understood separately from the sources of victimization.     

Beyond the dichotomy: Incarceration dosage and mental health*

The findings from a growing body of research reveal that incarceration is detrimental for both physical and mental health. Incarceration, however, is typically conceptualized and operationalized as a dichotomy; individuals either have, or have not, been incarcerated. Considering that incarceration can range from one day to several years, a dichotomous measure may be overlooking important variations across lengths of exposure. In addition, most inmates are incarcerated more than once. In this study, we help to fill this gap by examining the relationship between incarceration dosage, measured as time served and number of spells, and mental health among a sample of young adults from the National Longitudinal Study of Youth 1997. By using fixed‐effects modeling, we find that the number of spells and the months incarcerated are positively related to mental health symptoms and the likelihood of depression. The association, however, is contingent on whether a respondent is currently or formerly incarcerated. Among current inmates, more time served is expected to improve mental health and the number of spells is unrelated to either outcome.     

An overview of the literature on antecedents,perceptions and behavioural consequences of sexual harassment

Abstract

The detrimental effects of sexual harassment have been documented in the literature over the past 35 years, and recognized as a serious problem for all working women. In this paper, we review the existing research surrounding the phenomenon of sexual harassment, focusing upon the factors that may facilitate its occurrence. We also provide an overview of the differences in perceptions of what constitutes sexual harassment according to gender, organisational power and context. The negative impact of sexual harassment on its victims is also reviewed. Finally, the relatively new research on victims' responses to sexual harassment experiences and the link between this work and the stress and coping literature is recognized. Several suggestions are made for future research, policy making and treatment avenues.