对商业秘密权的初步研究

商业秘密权是一种有别于传统知识产权的较新知识产权。商业秘密权自身有着鲜明的特征．其内容和法律保护也同样很有特点。对商业秘密权的研究应当深入．完善商业秘密权的立法规定和司法程序,加强对商业秘密权的法律保护。     

论公诉案件被害人刑事和解权的法律保障

刑事和解发端于20世纪中叶,是西方国家刑事政策和法律价值观变化的产物。随着我国轻微犯罪所占比例的逐年上升,当事人双方有和解意愿的越来越多,建立刑事和解制度是司法实践的需要。平衡理论、叙说理论和恢复正义理论是西方学界对刑事和解理论基础的解说。在我国创建和谐社会的背景下,对刑事实体法与程序法理论的友思使被害人的刑事和解权寻找到了自身存在的合理根据。被害人刑事和解的需求最终要通过立法给予其制度上的保障,为此要合理确定我国刑事和解的案件范围并建立被害人帮助制度。     

国家粮食核心产区的保护与建设——黑龙江调查报告

该文通过对东北地区的调研,提出了建设国家粮食生产核心区的构想。黑龙江省是中国重要的粮食生产基地,农业基础雄厚,拥有大量的耕地后备资源以及现代农业基础,具备了高标准增加粮食产量的潜力。在世界粮价日趋增长的阶段,加大对黑龙江地区的农业扶持,建立国家粮食核心产区,对中国保障十八亿亩耕地红线以及确保国家粮食安全,具有重大的意义。黑龙江省目前土地整理标准低、种粮农民收入增加缓慢,制约了黑龙江省成为中国粮食核心产区的进程。作者提出了黑龙江粮食核心产区保护与建设工程,以及加快农民增收的建议。     

中国海岛的保护开发与管理

中国海域辽阔,海岛众多。海岛在资源、权益、国防等多个方面都有着极其重要的地位。另一方面,在中国经济高速发展的今天,海岛渔民的的生活与沿海有很大的差距。关注民生,海岛需要发展;关注国家安全与长远利益,海岛需要保护;要做好保护与开发,需要立法。该文总结海岛保护与利用的现状、成就,分析问题,提出设想,就海岛的利用、保护与管理立法向全国人大提出建议案,推动海岛立法。     

论生育权的性质及其法律保护

生育是人类种族繁衍的本能需求,生育权是自然人与生俱有的一项基本人权,也是自然人所固有、专属和必备的人格权。自然人均平等享有生育权,法律对自然人的生育权应予以普遍的确认和保护;同时,也应关注男性、无配偶者和罪犯（包括死刑犯）等争议主体的生育权保护问题。     

Making Child Protection Policy: The Crime and Misconduct Commission Inquiry into Abuse of Children in Foster Care in Queensland

Internationally as well as in Australia, public inquiries have become one of the dominant means of scrutinising child protection services. As such, inquiries have become a policy mechanism for defining the problem of child abuse, and developing possible solutions. This article examines the 2004 Crime and Misconduct Commission Inquiry into the Abuse of Children in Foster Care in Queensland. It discusses both the problems and potential of public inquiries in promoting positive change in a contested policy field like child protection.     

Intergenerational Cultural Dissonance,Parent–Child Conflict and Bonding,and Youth Problem Behaviors among Vietnamese and Cambodian Immigrant Families

Intergenerational cultural dissonance (ICD)—a clash between parents and children over cultural values—is a frequent issue for Asian American youth. Using longitudinal data from the Cross Cultural Families Project, this study examines the mechanisms by which ICD contributes to problem behaviors, including whether ICD predicts parent–child conflict, whether parent–child conflict then has a direct effect on youth problem behavior, and whether positive bonding with parents mediates the effects of such conflict on youth problem behaviors among Vietnamese (n = 164) and Cambodian (n = 163) families with adolescents [average age = 15.2 years (SD = 1.05)]. The results from the path analyses show that, in both groups, ICD indirectly predicts problem behaviors by increasing parent–child conflict, which in turn weakens positive parent–child bonding. Interventions that target youths’ perception of intergenerational cultural gaps, help them manage conflict, and help strengthen bonds with parents may prevent problem behaviors among Cambodian and Vietnamese families. This study contributes to inform how to effectively prevent problems and difficulties among these families.

Parent–Child Relations,Conduct Problems and Cigarette Use in Adolescence: Examining the Role of Genetic and Environmental Factors on Patterns of Behavior

This study investigated genetic and environmental influences on the associations between mother–child relationship quality (warmth and hostility) and adolescent conduct problems and cigarette use. Participants included 601 mothers and adolescent twin pairs (aged 12–17 years). Mothers and adolescents provided separate reports of mother-to-child warmth and hostility. A combined measure of mother and adolescent reported conduct problems was used while adolescents provided reports of their cigarette use. Analyses were conducted using bivariate genetic analyses of correlated factors models and regression analyses of monozygotic twin differences. Genetic influences were found for most ratings of the parent–child relationship, with evidence of gender and/or rater-specificity for some measures. The relationship between mother–child hostility with adolescent conduct problems and cigarette use was influenced by genetic and environmental effects. Evidence was found for shared environment effects on the relationship between mother–child warmth and conduct problems. Examining monozygotic twin differences provided further support for non-shared environmental influence on the relationship between mothers’ expressions of hostility and low warmth and adolescent adjustment. Findings are discussed in relation to the interplay between genetic and environmental effects underlying links between parent–child relations and adolescent behavior problems.

Seed wars and farmers’ rights: comparative perspectives from Brazil and India

Drawing on interviews with Indian and Brazilian farmers’ rights activists, lawyers, agronomists and plant breeders, this article aims at better understanding how farmers’ rights are protected on paper and implemented on the ground in these two countries. Brazil and India offer important case studies because they are biologically megadiverse countries, and because small farmers represent an important segment of the rural economy. In this article, I show that India has adopted an ownership approach to farmers’ rights, while Brazil leans towards a stewardship approach. Based on an examination of the progress made in enforcing these rights, I further argue that the stewardship model adopted by Brazil is more conducive to the realization of farmers’ rights, and I explore why this is the case. Finally, I show how farmers’ rights provisions in the Brazilian and Indian legislations represent fragile gains that could be curtailed by several bills currently under discussion in the field of seed and plant variety protection.     

Can the best interests of young people be met in residential care? An Ireland case study

The search for factors essential to the achievement of congruence in residential youth care services in Ireland led to the discovery of five critical success factors, each of which affects all three organizational levels of such services. These critical factors included: needs-led, not regulation-driven, care; senior managers with workforce responsibility require domain expertise; shared vision and purpose across three organizational levels; practice-led planning and service development; and bureaucratic policies and practices that are congruent with corporate parenting obligations to provide developmental care that serves each child's best interests.