我国农村宅基地使用权流转的现状考察

农村宅基地是农村土地的重要组成部分,宅基地使用权是农民的一项最基本的财产权利,农村宅基地使用权是否可以流转的问题一直以来都是社会各界关注的焦点。本文主要考察了我国在立法上对我国农村宅基地使用权流转的规范与态度,以及我国的司法实务现状,并通过实证调查的方式考察了我国农村宅基地使用权流转在现实生活中的实际情况及其存在的问题与原因,旨在为宅基地使用权制度完善提供参考依据。     

Policy Alienation of Public Professionals: A Comparative Case Study of Insurance Physicians and Secondary School Teachers

Currently, there is an intense debate on the pressures facing public professionals in service delivery. Several studies show increasing discontent among professionals toward policies they have to implement. In this article, we aim to contribute to this topic by analyzing this discontent of public professionals in terms of “policy alienation.” The policy alienation concept is used to frame the experiences of professionals in a coherent theoretical framework. We have used a qualitative comparative case study of Dutch insurance physicians and secondary school teachers to study the factors that influence the degree of policy alienation across different domains. Our article shows that facets of New Public Management are important in explaining the pressures on public professionals implementing public policies. However, others factors are also prominent, and the degree of the implementers' professionalism seems especially important. These insights help in understanding why public professionals embrace or resist the implementation of public policies.     

转型社会中防范公共权力异化问题思考

在社会转型的大背景下,一些政府部门存在的公共权力异化现象,会在一定程度上影响现阶段民主政治建设和社会主义和谐社会的全面构建。公共权力异化的一大表现就是公共权力的滥用和私用,进而滋生腐败,损害公民的合法权益。针对这些问题,应从法制层面、制度层面、伦理层面以及文化层面,探讨公共权力的合理规制和有效运用,进而完善权力运行机制,促使政府部门"权为民所用,利为民所谋"。     

The fraying of the socio‐economic fabric of Hong Kong

Abstract

Since the 1980s, Hong Kong has undergone momentous socio‐economic changes, which in turn have greatly affected public attitudes toward society and the economy. Interpersonal trust and the sense of community have weakened. Hong Kong as a society is increasingly seen as unfair in the sense that it is not perceived as a land of opportunities for the hardworking. The capitalist rules of the game are increasingly considered by the people to be unacceptable. Public demands for more governmental intervention in the economy, particularly in the area of income redistribution, are increasingly raised. Nascent feelings of class antagonism are palpable as economic inequalities are getting worse. As social conflicts of various kinds proliferate, public anxieties about Hong Kong's fraying socio‐economic fabric have come to the fore. People expect the government and the legal institutions to strengthen social order. At the same time, however, public trust of all social, economic and social authorities is declining. Accordingly, as social discontent and anxieties accumulate, the socio‐economic system of Hong Kong will face serious challenge in the years ahead.     

Municipality size,political efficacy and political participation: a systematic review

ABSTRACT

It is an old adage that local government is a training ground for democracy. Its human scale means that political amateurs can contribute effectively and meaningfully to the politics of a state. But in a political climate seemingly driven to consolidate local government into ever larger units, can a not so local local government still elicit an efficacious and participatory citizenry? This paper explores the effect of municipality population size on two important aspects of democratic culture: political efficacy and political participation. Via a two-part systematic review, the paper examines how extant empirical literature bears on the relationship between size and both of these aspects, hypothesising that political efficacy plays a mediating role between size and participation. The findings are unequivocal: citizens of smaller municipalities feel a greater sense of political efficacy and participate to a greater degree in local politics.     

The legitimization and institutionalization of ‘parental alienation’ in the Province of Quebec

ABSTRACT

This article examines the legitimization and institutionalization of ‘parental alienation’ discourse in the Province of Quebec, Canada. It draws upon an analysis of 31 documents (legislation, research reports and articles, training documents, professional documents and media articles) and interviews with 13 key informants, who were selected based on their knowledge of ‘parental alienation’ in research, policies or practices. The research findings reveal that the legitimization and institutionalization of ‘parental alienation’ discourse is a more recent process than in other provinces and countries, but that it has now permeated child custody as well as child protection proceedings. Academic researchers and media have been instrumental in this legitimization and institutionalization process, while the role played by changes to child protection policies is more ambiguous. The findings reveal researchers’ and experts’ tendency to distance themselves from Gardner’s controversial work on ‘parental alienation syndrome’ and to address the critiques by proposing new approaches and new concepts. However, the terms ‘parental alienation syndrome’, ‘parental alienation’ and ‘alienating behaviours’ are often used interchangeably, and assessment practices tend to rely on similar indicators.     

A history of the use of the concept of parental alienation in the Australian family law system: contradictions,collisions and their consequences

ABSTRACT

This paper presents insights into the history and current deployment of the concept of parental alienation in the Australian family law system. It begins in 1989, when an article on parental alienation syndrome was first published in an Australian law journal. It then traces aspects of the socio-legal and social science research, gender politics, law reform and jurisprudence of the following 30 years, paying attention to moments of significant change. The impacts of major amendments that emphasise the desirability of post-separation shared parenting outcomes in 1996 and 2006 are specifically considered. More recently, in 2012, reforms intended to improve the family law system’s response to domestic and family violence were introduced. The history reveals an irreconcilable tension between the ‘benefit’ of ‘meaningful’ post-separation parent-child relationships and the protection of children from harm. When mothers’ allegations of violence in the family are disbelieved, minimised or dismissed, they are transformed from victims of abuse into perpetrators of abuse – alienators of children from their fathers. Their actions and attitudes collide with the shared parenting philosophy. This is arguably an inescapable consequence of a family law system that struggles to deal effectively with family violence in the context of a strong shared parenting regime.     

人性在权欲中的异化与权力中人性的无奈——电视剧《武则天》与《大明宫词》中“武则天”形象之比较

<武则天>、<大明宫词>是分别由陈家林、李少红导演的两部著名的历史题材电视剧,两者都以武则天传奇性的一生为刻画内容.仔细品味两部作品,我们能深刻体味到两位导演不同的主体意识在"武则天"这个人物形象中的渗透,前者着重描写的是人性在权欲中的异化,而后者表达的是权力中人性的无奈.     

当代公务员道德建设的视角、原则和路径

公务员的道德水平关系着行政活动的成效、经济社会的发展和全社会道德水准的提高。建设与中华民族伟大复兴的要求相适应的中国特色公务员道德体系,对当代中国公务员道德水平的提高具有重要的现实意义。     

论有限责任公司异议股东股份回购请求权

异议股东股份回购请求权发端于美国,为大多数国家的商事立法所采用,我国2005年《公司法》第七十五条也引入了该项制度。对于异议股东主体资格要件、适用情形、回购协议等问题,在适用法上,还有待斟酌,尚有深入研究的必要。可以通过设置相应的程序规定,引入豁免与转换机制,完善公示与监督制度,来防止异议股东股份回购请求权的异化。