地上权制度之历史研究——兼评我国地上权立法

地上权制度是用益物权制度框架内的一项基本制度,经济和社会的发展使地上权具有了崭新的内容,在我国土地所有权归国家和农村集体经济组织所有的条件下具有广泛的适用范围,尤其是有助于解决城市用地、工业用地、居民住宅建设用地,以及在他人所有的土地上下铺设管道等公共设施而产生的权利义务关系,从而促进社会经济的发展。     

Predicting Children’s Depressive Symptoms from Community and Individual Risk Factors

Community, demographic, familial, and personal risk factors of childhood depressive symptoms were examined from an ecological theoretical approach using hierarchical linear modeling. Individual-level data were collected from an ethnically diverse (73% African-American) community sample of 197 children and their parents; community-level data were obtained from the U.S. Census regarding rates of community poverty and unemployment in participants’ neighborhoods. Results indicated that high rates of community poverty and unemployment, children’s depressive attributional style, and low levels of self-perceived competence predict children’s depressive symptoms, even after accounting for demographic and familial risk factors, such as parental education and negative parenting behaviors. The effect of negative parenting behaviors on depressive symptoms was partially mediated by personal variables like children’s self-perceived competence. Recommendations for future research, intervention and prevention programs are discussed.

The Role of Perceived Parental Knowledge on Emerging Adults’ Risk Behaviors

The purpose of this study was to gain a clearer understanding of the relation between parents’ knowledge of their emerging-adult children and emerging adults’ risk behaviors. Participants included 200 undergraduate students between the ages of 18 and 25 (121 women, 78 men; M _age = 19.59, SD = 1.62) and both of their parents. Results revealed that knowledge of the emerging-adult child’s activities varied as a function of parent- and child-reports, and that child outcomes associated with parental knowledge were generally positive, including less drinking, drug use, and risky sexual behavior (although this varied as a function of reporter). The links between maternal knowledge and lower drug and alcohol use were particularly strong in the presence of maternal closeness. Implications for understanding the parent–child relationship during the transition to adulthood were discussed.

Doing Well vs. Feeling Well: Understanding Family Dynamics and the Psychological Adjustment of Chinese Immigrant Adolescents

Despite their average high levels of educational achievement, Asian American students often report poor psychological and social adjustment, suggesting an achievement/adjustment paradox. Yet, the reasons for this paradox remain unclear. Drawing on 5-year longitudinal qualitative interview data, this paper compares the family dynamics of two groups of adolescents from Chinese immigrant families: non-distressed adolescents (n = 20) who have high levels of academic achievement and high levels of psychological well-being; and distressed adolescents (n = 18) who have high levels of academic achievement but low levels of psychological well-being. Findings suggest that the two groups of families differed in parenting approaches after migration, parent–child communication, parental expectations, and parent–child relations. Implications for Asian American adolescent and youth development are discussed.

国家权利·国家被害·国家护卫需求

国家权利是国家就维持其存在和履行职能所应有利益而享有的一种支配自由。国家也会受到犯罪的侵害 ,国家被害的客体是国家权利。国家权利也有防御犯罪和利益补救的护卫需求。     

论全心全意依靠工人阶级根本指导方针的现实意义及其实现途径

全心全意依靠工人阶级是我们党的根本指导方针.为什么要坚持这一方针以及如何坚持这一指导方针,是我们在建设有中国特色的社会主义过程中必须搞清楚的问题.     

浅论隐私权的立法问题

随着市场经济的发展和人们文化观念的转变,我国隐私权纠纷案件呈上升趋势。其原因除人们的认识差距外,更重要的是我国法律对此无完整的规范。隐私权有明确的定义、特征、内容和构成要件。我国现行法律包括宪法、民法、刑法、行政法、诉讼法等对隐私权的保护主要采取了间接、分散的立法方式,建议关于隐私权的保护应在保护公民人身权的最主要、最基本的法律即民法通则中有所体现,使隐私权和公民的其他人格权一样,在立法上加以明确规定。     

Hukou and land: market reform and rural displacement in China

Scholarship about the Chinese hukou (household registration) system has focused on the advantages and entitlements associated with urban hukou. This paper shifts attention to the key entitlement provided by rural hukou – village land. While early hukou reforms were mainly designed to open up urban labor markets to rural migrants, recent reforms have also begun to open up rural land markets, by replacing hukou-based land rights with market-based rights. These reforms are designed to facilitate land concentration and the transfer of land to outside developers and agribusiness companies, which has been hindered by hukou-based land rights. Underlying the reforms is the government's agenda of promoting large-scale agriculture and urbanization, both of which require the removal of a large portion of the rural population from the land. By focusing on land rights rather than urban benefits, this paper provides a new perspective on the evolution of the hukou system, and highlights the negative implications of recent reforms for livelihood security in the countryside.     

Controlling land they call their own: access and women's empowerment in Northern Tanzania

Formal rights to land are often promoted as an essential part of empowering women, particularly in the Global South. We look at two grassroots non-governmental organizations (NGOs) working on land rights and empowerment with Maasai communities in Northern Tanzania. Women involved with both NGOS attest to the power of land ownership for personal empowerment and transformations in gender relations. Yet very few have obtained land ownership titles. Drawing from Ribot and Peluso's theory of access, we argue that more than ownership rights to land, access – to land, knowledge, social relations and political processes – is leading to empowerment for these women, as well as helping to keep land within communities. We illustrate how the following are key to both empowerment processes and protecting community and women's land: (1) access to knowledge about legal rights, such as the right to own land; (2) access to customary forms of authority; and (3) access to a joint social identity – as women, as ‘indigenous people’ and as ‘Maasai'. Through this shared identity and access to knowledge and authority, women are strengthening their access to social relations (amongst themselves, with powerful political players and NGOs), and gaining strength through collective action to protect land rights.     

小议侦查程序中的人权保障

侦查程序是刑事诉讼中非常重要的一个环节,然而,由于长期以来侦查机构权力过大,得不到有效制约,而屡屡发生侵犯公民权利的事件。为此,我们应当构建一种能够有效制约侦查权力的司法机制,以实现侦查程序中的人权保障。