关于农民职工问题的调查与思考

农民合同工、劳务工的大量出现,是我国城市化、现代化的一个必然趋势.由于各工业企业经营绩效、文化背景、用工政策和管理方式等方面的差异,因而在农民合同工、劳务工的劳动用工、福利待遇、参加工会等方面存在的问题也参差不齐.要推进工业化和现代化,就必须在政治上、经济上和精神文化利益上对农民工、劳务工采取有效的维权措施,以维护工人阶级队伍的团结统一.     

关于国内客运航班延误的几个法律问题--兼及相关法律的完善

在航空运输中,由于多种原因,航班延误难以避免,因航班延误引起的纠纷时有发生.现行的民航法及相关法规对于航班延误的定义、承担延误的责任原因、承担责任的方式、延误赔偿限额等问题或者没有规定,或者规定太原则、笼统、不统一,缺乏可操作性.时至今日,关于航班延误的诸多问题仍然不能"依法解决".有关部门应当尽快制定并完善相关法律法规,使航班延误的处理工作步入法制化的轨道,依法解决航班延误的有关问题.     

公共服务：在执政能力建设中的功效及其发展对策

公共服务在提升执政能力方面具有极其重要的功效,这是由公共服务的职能所决定的。加强公共服务有利于提升政府驾驭市场经济的能力和参与国际竞争的能力,有利于提升政府发展民主政治的能力,有利于提升公民素质和解决社会问题的能力,有利于提高应对公共危机,抵御各种风险的能力。因此,探讨增强公共服务职能,引导公民参与公共产品的供给,不断提升执政能力建设等问题就显得十分重要。     

Asian Male Domestic Violence Victims: Services Exclusive for Men

The main reasons abused men do not seek social services include their strong endorsement of social/cultural values and avoidance of gender role conflict. Through internet-based service connections, we did not find sources in Asia, Australia, or New Zealand that advertised programs exclusively for male victims of domestic violence (DV). Nine social services in Hong Kong and Singapore describe their work with men in DV situations, but the main focus is “men as perpetrators.” Targeting men as victims, 32 sources in Canada, the United States, and the United Kingdom describe services designed especially for male DV victims. Findings demonstrate that services for male victims must address such factors as secretiveness, cultural values, masculine identity, tolerance, shame, and loss of face.     

WT0框架下我国服务贸易救济制度的构建

贸易救济的范围不仅适用于货物贸易,还应适用于服务贸易。尽管《服务贸易总协定》中规定了一些对服务贸易进行救济的措施,但由于这些规定的模糊性以及我国服务贸易救济体系的缺失,使得在服务贸易领域进行贸易救济非常困难。在当前服务贸易迅速发展和发展中国家服务贸易相对较弱的背景下,应该在WTO框架内着力构建我国服务贸易救济制度,即服务贸易反倾销、反补贴和紧急保障措施制度。     

WHEN IT HAPPENS IN A FAMILY: AIDING PARENTS OF SUBSTANCE‐ABUSING ADOLESCENTS*

This article first summarizes key data on the scope of teen substance abuse and the lack of teen access to needed treatment services. It then describes how and why attorneys may be helpful to parents who discover their teen's drug or alcohol problem and seek advice and counsel about the legal implications of various actions that can or may be taken. The article explores such issues as parents finding illegal drugs in the house or on their teen's person, various modalities of treatment and how family members are involved, how parents might secure residential evaluations for their youth without the necessity of juvenile court involvement (and why this is important), concerns about placing youth in unlicensed residential treatment facilities, health insurance coverage issues, home drug testing, and how past American Bar Association (ABA) policy on youth drug and alcohol abuse is being followed up with a new ABA project to aid parents of substance‐abusing teenagers and their families.     

THE EMERGENCE OF TRIAGE IN FAMILY COURT SERVICES: THE BEGINNING OF THE END FOR MANDATORY MEDIATION?*

Mandatory mediation has, since its inception in the 1980s, been at the heart of family court service agencies. However, changing times, more complex family problems, and a lack of court resources have created significant service delivery challenges. This article examines the emergence of variations of triage processes in family court service agencies as a response and contends that it is time to consider replacing the tiered service delivery model.     

Revisiting country of origin principle: Challenges related to regulating e-commerce in the European Union

The article analyses the country of origin principle of information society services in the light of harmonisation and unification efforts undertaken by the European lawgiver. Although the country of origin principle remains the key element of the construction of freedom to provide information society services, the principle itself suffers a number of both explicit and implicit restrictions which render its practical application a serious challenge. The difficulty is posed by the fact that the Electronic Commerce Directive fails to expressly specify both the scope of harmonisation as regards the principle, and the level of harmonisation of the directive itself. Furthermore, it is understood differently by private international lawyers. In the eDate Advertising case the ECJ ruled that the principle is not a conflict-of-laws rule, neither does it require implementation to the national legal systems in this shape. This is not to mean, however, that the debate over the function of the country of origin principle in private international law is over. Last but not least, there are many different types of country of origin principles applicable to various types of services provided via the Internet. This multitude of country of origin principles is perhaps the greatest weakness the regulatory approach adopted by the European lawmaker.     

Russian data retention requirements: Obligation to store the content of communications

This paper presents an analysis of Russian data retention regulations. The most controversial point of the Russian data retention requirements is an obligation to keep the content of communications that is untypical for legislation of European and other countries. These regulations that oblige telecom operators and Internet communication services to store the content of communications should come into force on July 1, 2018.The article describes in detail the main components of the data retention mechanism: the triggers for its application, its scope, exemptions and barriers to its enforcement. Attention is paid to specific principles for implementation of content retention requirements based on the concepts of proportionality, reasonableness and effectiveness.Particular consideration is given to the comparative aspects of the Russian data retention legislation and those applying in different countries (mainly EU member states). The article focuses on the differences between the Russian and EU approaches to the question of how to strike a balance between public security interests and privacy. While the EU model of data retention is developing in the context of profound disputes on human rights protection, the Russian model is mostly concentrated on security interests and addresses mainly economic, technological aspects of its implementation.The paper stresses that a range of factors (legal, economic and technological) needs to be taken into account for developing an optimal data retention system. Human rights guarantees play the key role in legitimization of such intrusive measures as data retention. Great attention should be paid to the procedures, precise definitions, specification of entitled authorities and the grounds for access to data, providing legal immunities and privileges, etc. Only this extensive range of legal guarantees can balance intervention effect of state surveillance and justify data retention practices.