触电人身损害案件法律适用争议问题研究——基于对若干典型案例的梳理

在人身损害案件中,触电引起的案件具有一定的特殊性,该类案件的诱因与归责方面也存在诸多不同理解。最高人民法院司法解释基本明确了触电人身损害案件的审理原则,但实践中还有不少问题引发了法律适用方面的争议。基于对若干典型案例的梳理和对相关类型化问题的分析,希望能有助于廓清有关理论问题的认识,提高司法操作上的统一性、科学性。     

Home and the materialization of the divergent subjectivities of older women in Hong Kong

Although the social status of women in Hong Kong has changed significantly in recent decades, Hong Kong women continue to perform mothering, caregiving and homemaking tasks into late adulthood. Employing an agential realist approach to analyse the homes and discursive–materialist practices of three older women, this paper explores how the entanglement of materialities, discourses and subjectivities at home as a site of cultural action contributes to the ongoing enactment of divergent subjectivities of older Hong Kong women. The structural–spatial configurations of the three homes manifest the patrilineal and male-dominated family system in Hong Kong, and such older women perform a set of ‘normal’ (house) wifely and motherly duties linked to the maintenance of the male-dominated family system. Nevertheless, these older women’s subjectivities and their domestic worlds evolve through ongoing discursive–materialist practices. This paper further argues that, even if such factors as materialities, structures and practices either are neutral or indeed reinforce existing power imbalances, the dynamic and ongoing intra-action of these factors results in exclusionary but open conditions that may stabilize or subvert social phenomena, such as the ones discussed in this study: patriarchal domestic practices in Hong Kong homes.     

冷却期制度研究

随着众多新型的非典型买卖的兴起,消费者权益比以往更容易受到侵害,冷却期制度应运而生。该制度在境外立法中早已有之,对非典型买卖中处于不利地位的消费者的权益具有特殊保护功能。在当前市场经济得以充分发展的情况下,我国应当在已有的“三包”制度和《直销管理条例》的基础上,适度修正法律,完善冷却期制度,以更好地保护消费者的利益。     

Who Am I and Where Am I From? Substitute Residential Home Children’s Insights into Their Lives and Individual Identities

Abstract

Decisions regarding children’s residential care reorganisation are primarily based on an adult’s perspective of children’s wellbeing and care. While these adults tend to be well-intended and base their decisions off relevant evidence, the children’s perspectives ‐ which reflects their actual lived experiences ‐ is almost never considered. However, since children are experts of their own lives, they should have the right to participate and express their opinion: Their point of view could be of great value in developing residential child care. In this article, we provide SOS children’s insights into their own life experiences and individual identities. The data was collected during an ethnographic research in one of Estonia’s SOS Children’s Villages (SOS CV). This article aims to answer to following research questions: 1. What are the main topics in SOS children’s stories when they talk about themselves and their everyday lives in substitute homes? 2. What kind of identity can be determined from children’s stories? 3. How can the subtext within the children’s stories be used to develop a child-centred residential care? In this article, we present and discuss several key-findings. First, it is important to note that there are gaps in the children’s life stories, as they sometimes lack information about important people and events in their lives. Second, this lack of adequate information can damage the children's identities and, in turn, undermine their development. Third, the opportunity to talk about important life events encourages the children to ask questions, as they are interested in obtaining additional information to complete the gaps. Fourth, the children’s stories indicate the shortcomings of substitute homes, related to both culture and communication.     

Identifying Barriers to Permanency: The Recruitment,Selection, and Training of Resource Parents

Staff and resource parents in the public child welfare agency and private child care facilities were invited to participate in research in one state to examine the barriers surrounding resource parent recruitment, training and selection, and strategies for achieving more timely permanency. Issues identified included the need for a shared vision among all stakeholders and the need to focus more on developing public and private agency partnerships. Data-driven strategies were then designed to address identified barriers. This process can serve as an example of how systems may use solicited input from the field to develop interventions or modify casework practice in an attempt to improve child and family outcomes as needed.     

陕西关中地区新农村建设构想

新农村建设是关乎中国未来命运的大事。陕西关中地区实施新农村建设,其核心是确保国家粮食安全,发展高产、优质、高效、生态、安全农业,消除"二元"经济结构带来的弊端,增加农民收入,逐步转移消化农村人口,建设绿色、整洁、和谐、生态家园。     

Is a Fixer-Upper Actually a Downer? Homeownership,Gender, Work on the Home,and Subjective Well-being

This article investigates whether homeownership provides psychological benefits, particularly as mediated through the act of working on the dwelling. It examines whether work on the home potentially increases subjective well-being (SWB) for home occupants because such work improves the dwelling or because the work is fulfilling and promotes feelings of mastery and control. It also investigates whether homeowners are more likely to perform such work compared with renters. The article finds that homeownership is associated with somewhat elevated life satisfaction, but that homeowners tend to experience less intense positive affect than renters. Homeowners spend much more time working on the home than renters. Strong links between work on the home and life satisfaction are not found, but certain types of home work activities—such as interior or exterior decoration and repairs and yard work—tend to be experienced as psychologically meaningful. Gender also plays a role in the division of home labor and the psychological costs and benefits of homeownership and work on the home. Women are much more likely than men to clean the interiors of dwellings, an activity associated with poor affect. Men perform more of most of the other types of work on the home; in homeowning households these burdens tend to balance each other out, but in renting households there tends to be a dramatic disparity in terms of work on the home, raising concerns about gender inequity.     

The pastoral home school: rural,vernacular and grassroots literacies in early Soviet Mongolia

Literacy before and after the 1921 People's Revolution in Mongolia has been largely represented by socialist historiography and post-socialist urban perspectives, which have rendered unofficial and non-pragmatic literacies invisible. This study explores rural, vernacular and grassroots literacy theories to recontextualize the pre-revolutionary category of Mongolian home schooling and to offer a new perspective – pastoral literacy – which enables historians and other researchers of Central Asia to represent the literacy practices of non-urban semi-nomads more accurately and vividly. This study applies the pastoral literacy perspective to literacy narratives extracted from University of Cambridge Oral History of Twentieth Century Mongolia interviews and demonstrates that pastoral home schooling was a socially and culturally salient domain for acculturating young Mongolians into the 1960s. Mongolian pastoral home schooling consisted largely of personal, male teacher–student relationships, authoritative teaching models, alphabet-based curricula, as well as texts and materials adapted from dominant religious and state literacies.     

The Home Maintenance and Improvement Behaviors of Older Adults in Boston

Prior studies have found that older homeowners spend less money maintaining and improving their homes, which may reduce their quality of life and eventually pose larger, more costly housing problems. Delayed repairs and improvements may also have adverse spillover effects on neighborhoods. We explore the home maintenance expenditures, housing conditions, and credit access of older homeowners in Boston, Massachusetts, where many aging adults have limited incomes and live in older structures but also have substantial home equity that could be used as a financial resource. We find evidence that older homeowners spend less on home maintenance, and many live in low-income areas with high numbers of constituent complaints about housing conditions and less access to cheaper forms of credit. A particular policy intervention, the Boston Senior Home Repair Program, helps by providing home repair assistance to low- and moderate-income older homeowners.     

黑龙江省对俄家电出口策略分析

黑龙江省作为我国与俄罗斯拥有最长共同边界的省份,有史以来就是我国与俄罗斯进行经济贸易往来的主要平台。由于俄罗斯轻工业基础薄弱,俄罗斯国内对高档家电的需求只能依靠进口满足。我国家电产品无论从生产数量和质量均属国际先进水平,但由于国内市场趋于饱和,家电出口显得尤为重要。黑龙江省应积极运用自身对俄贸易优势,成为对俄家电产品出口的大平台,进而使产业结构顺利升级。