中国国际私法立法的理想与现实——《中华人民共和国民法（草案）》第九编评析

中国国际私法立法的理想模式是采取法典形式,这样才能将我国国际私法的立法内容与立法形式有机结合起来,更好地调整国际民商事关系,促进中国对外经济交往.民法草案第九编的立法工作,有利于我们认识我国国际私法立法模式、内容与结构上的不足,是中国国际私法立法从现实迈向理想的必然步骤.     

The reduction of male abusiveness as a result of treatment: Reality or myth?

A 6-month outpatient treatment program for male abusers emphasized honesty, shame reduction, and group support for change. Ratings on the Abusive Behavior Inventory (ABI) obtained before and immediately after treatment demonstrated a significant decrease in physical and psychological abuse as rated by both the abusers and their female partners. This decrease in male abusiveness was maintained 6 months and two years after completion of treatment for those couples who cooperated in followup. No decrease in male abusiveness was observed during treatment, however, for those couples who did not cooperate in the followup. The authors suggest that the noncooperative female partners may have been afraid to rate their partners because of continued abuse. Therefore, the selective attrition of subjects who did not improve is a major problem in evaluating the apparent long-term success of treatment.     

关于中俄经贸合作战略升级问题的现实论证

从区域经济学的角度出发认定:中俄两国地缘关系优势明显,为双方经贸合作实现战略升级目标提供了客观依据;中俄两国关系进入可操作的发展新阶段,为双方经贸合作实现战略升级目标提供了历史机遇,所以双方应当据此有所作为。     

马克思的虚空与人的本质实在

根据哲学研究问题的基本环节,对马克思主义进行考察试着理解马克思主义整体性的基本方法。通过考察马克思与人的本质是什么的问题的初始关系、问题演进以及研究问题的方法的确定直至问题解决等三个基本环节的分析,发现马克思主义的整体理论过程是以马克思与传统世界的观念决裂开始直至马克思的死亡为结束的以通过人并且为了人而对人的本质的真正占有为主旨的人的解放和发展的人类哲学。     

从《分》看冰心小说创作风格的转变

《分》是冰心创作突破青春期的感伤,开始走向社会直面人生的标志。其创作风格也由早期的热烈率真而趋向宁静沉潜。而《分》的文本价值不仅在于它的现实性和阶级性,更在于其独特的儿童视角和温柔细腻的母性风范。     

Book Review

During George Bush's presidency the Cold War drew to a close and his administration triumphed in the Gulf War. Some viewed these events as a harbinger of a new world order. Basking in the success of the Gulf War, Bush's approval ratings soared, and prominent Democrats reconsidered challenging him in 1992. Foreign policy themes might have seemed a natural emphasis in campaign rhetoric. Yet, on the eve of the election, Bush abandoned efforts to rally the public with such appeals.

This article identifies primary metaphorical themes employed by Bush to define foreign policy reality. Bush's rhetoric was fundamentally ordered by the orientational metaphor of war. Other themes reinforced central premises of the war metaphor and reflected enduring premises of American exceptional ism. However, critical constraints blunted Bush's rhetorical intentions, and perhaps nullified constraints presidents traditionally have harnessed to define rhetorical situations to fit a preferred world view.

A disjuncture between rhetorical expectations and intentions beset the administration as the 1992 election approached. The electorate turned an anxious gaze to domestic politics and the condition of the economy. Furthermore, the war metaphor met a public demonstrably leery of U.S. meddling in the internal politics of other countries. Preference for the war metaphor, finally, represented a significant challenge to the political identity of Bush and the Republican Party.     

Privacy,the news media,and the courts

Abstract

This article is concerned with the conflict between the news media's position that the public has a ‘'right to know'’ under the free press provision of the First Amendment and the right to privacy under the tort law. The constitutional issue is raised whenever the media print or broadcast accurate, but often embarrassing, facts about a person, or whenever personal information is publicized which an individual prefers not to share with the general public.

In unwanted publicity and public disclosure cases, the courts have accorded greater weight to the defendant defenses of consent, news‐worthiness, and media privilege than to the plaintiff's invasion of privacy claim. To remedy this inequity, a two‐tier judicial model is proposed that would have courts balance the two competing interests in such a manner as to enhance individual privacy without diminishing the informational function of the news media.     

The building of the democratic tradition in South Africa's trade unions after 1973

This article traces the emergence of the democratic union tradition in the trade union movement that emerged in the wake of the 1973 strikes in South Africa. Contrary to the conventional wisdom that attributes the emergence of this tradition solely to a generation of young white union activists and labour-supporting intellectuals, the article argues that this tradition owes its origins to a multiplicity of sources. The article emphasises the social character of trade unions and how they bear the imprint of the historical and cultural heritage and social experiences of their members and leading activists. Thus the article challenges the notion that a social group enters into new associational forms as a tabula rasa. Instead, it claims that the building of the democratic union tradition in South Africa is not just an outcome of intellectual influences but significantly was shaped by the workers' ‘lived experiences’.     

“未成年人前科消灭“的理论与实践探讨

建立"未成年人前科消灭"制度具有重要的理论和现实意义,它既符合法的正义价值,又有利于实现刑罚的目的,同时还有利于撕掉犯罪标签和完善我国现有的未成年人保护法律体系.但目前在我国实施还面临一些困境,即该制度与我国现行相关法律冲突,制定主体不适格,缺乏相应的法律支持和配套实施机构,极易导致司法腐败.因此,只有在充分的法律准备下才能在全国推广和实施.     

试论民事诉讼中的证明标准

我国民事诉讼法对于民事诉讼的证明标准没有明确规定,长期以来理论界一直有“客观真实”和“法律真实”两种证明标准之争,随着法学理论研究不断深入,人们从民事诉讼证明的相对性、“客观真实”标准的局限性、“法律真实”标准的可行性,重新认识,逐渐接受“法律真实”标准。