日本中小企业法治建设的特点及其借鉴

二战结束以后 ,日本十分重视中小企业的发展 ,从制度环境、金融财政、社会化服务体系等方面给予了大力支持 ,使其迅速发展。本文针对我国中小企业立法大大滞后于中小企业发展的实际情况 ,借鉴日本立法的经验 ,提出完善我国中小企业立法的建议。     

促进企业技术创新的政策支持研究

企业技术创新能力是区域经济可持续快速发展的重要决定因素,实践证明:政府的宏观政策是促进企业技术创新的有效手段。政府可采用的政策手段包括财税政策、政府采购、信息服务、产学研合作、人才开发、法律法规等。     

INTERNATIONAL PARENTAL CHILD ABDUCTION: WHY WE NEED TO EXPAND CUSTODY RIGHTS PROTECTED UNDER THE CHILD ABDUCTION CONVENTION

The Child Abduction Convention, an international treaty, protects custody rights internationally among its member states by providing a remedy of return in cases where a child was wrongfully removed in violation of a parent's custody right. There is no such remedy for the violation of a parent's access (or visitation) rights. A ne exeat clause in a child custody agreement restrains a custodial parent from removing a child from a predetermined jurisdiction (such as a particular country) and can be issued when there is a risk that the custodial parent might flee to another country with the child(ren). Currently there is a circuit split within the United States as to whether a ne exeat right coupled with the right of access should equal a protected custody right under the Convention. Most international courts protect the ne exeat right under the Convention; however some do not. A ne exeat right should convey a protected custody right for policy reasons. The beneficial implications of a ne exeat right creating a protected custody right under the Child Abduction Convention clearly outweigh the detriments. While there is no instant solution to the inconsistencies among various courts in interpreting the Child Abduction Conventions’ scope in regard to a ne exeat right, there are ways to resolve the problem. If consistency in judicial interpretation cannot be achieved, a movement needs to be initiated to create a protocol to the Child Abduction Convention to further explain the scope of custody rights and ne exeat rights under the Convention.     

正确认识党的阶级基础和群众基础

增强党的阶级基础和扩大党的群众基础 ,必须澄清人们在这个问题上的思想疑虑 ,如正确认识党的阶级基础和群众基础 ,明确工人阶级作为党的阶级基础的地位没有改变 ;扩大党的群众基础不是把党变成“全民党” ,也不是向社会民主党演变 ;新的社会阶层也是党的群众基础     

Sex differences in the experience of child sexual victimization

This study analyzed 390 (303 girls and 87 boys) cases of child sexual abuse to understand sex differences in child sexual victimization. Analyses focused on three domains that have received considerable empirical attention: victims' relationships with the offender, type and extent of abuse, and disclosure. Findings largely replicated previous efforts that reported sex differences in terms of victims' relationships with offenders. Although results also replicated previous findings about sex differences in disclosure patterns, these sex differences were minor in comparison with similarities in the way most instances of abuse were eventually identified. In terms of type and extent of abuse, results were the opposite of previous findings: girls, not boys, were the victims of more physical injury, violent threats, and use of force; and girls, not boys, were more likely to have physically resisted abuse. Divergences in findings were interpreted in terms of memory biases and social forces operating differently on the sexes.     

Linking marital violence,mother-child/father-child aggression,and child behavior problems

Previous research indicates that observation of marital violence has a deleterious impact on children's adjustment. However, little is known about the mechanisms underlying this relationship. The present study examined the relationships between observation of marital violence, mother-child aggression, father-child aggression, and child behavior problems in a sample of 185 children (ages 7 to 13) and their mothers who were residing at battered women shelters. A significant positive association was found between amount of marital violence witnessed and father-child aggression. However, the correlation between the amount of marital violence witnessed and mother-child aggression was not significant. Hierarchical regression analyses revealed that both the amount of marital violence witnessed as well as mother-child aggression were significantly related to child behavior problems, even when controlling for the effects of child age, race, and father status (i.e., whether the mother's partner was the biological father or stepfather/cohabitee). Family violence variables were better predictors of girls' rather than boys' behavior problems, particularly externalizing behavior problem scores. The lack of significance between father-child aggression and child behavior problems, as well as the implications of the findings, are discussed.     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

试论内部行政处分行为的可诉性

《行政诉讼法》的受案范围长期以来颇有争议,内部行政处分行为的可诉性是其争论的焦点之一。从目前我国内部行政处分行为不可诉的现状来看,应给予内部行政处分行为的相对人以司法救济的途径,并将内部行政处分行为纳入行政诉讼范围,接受司法审查。     

EXPENDITURES ON CHILDREN AND VISITATION TIME

In their critique, Garfinkel, McLanahan, and Wallerstein raise concerns about the representativeness of the authors' sample, benchmark approach methodology, and historical review of guidelines, all of which lead them to discount the evidence presented opposing the cliff-model assumption of father expenditures on children, and to laud instead child support guidelines that give little monetary credit or adjustment for visitation. This article presents evidence that (a) this sample is at most little biased, and remains trustworthy for the main implications presented; (b) although only a beginning, the benchmark approach is highly useful and most of the concerns raised about it are ill founded or implausible; and (c) the historical review suggesting that current guidelines assume zero visitation expenses is indeed accurate for the vast majority of states, according to the foremost authority. Thus, notwithstanding the critique, these findings have merit and importance and should be considered by policy makers. The authors also comment on the additional arguments against continuous and generous adjustments for visitation, finding them based on a weak foundation of evidence and reasoning.