WTO背景下的我国监狱制度调适初探

加入WTO,对中国社会的影响是全面而深刻的;它不仅推进了中国的法制进程,提升了我国法制建设的水平,而且对我国的监狱制度产生了重大冲击。在这种情景下,我国监狱制度,要从深层次进行价值创新和观念调整,以构建我国全新的、适合WTO要求的监狱法律体系和监狱管理机制。     

“对赌协议”的裁判路径及政策选择——基于PE/VC与公司对赌场景的分析

PE/VC与目标公司对赌的司法裁判要点从合同效力转入合同可履行性后,需要面对两个层次的追问:一是以什么样的实体标准来判断履行障碍,二是由谁来判断是否存在履行障碍。华工案和"九民纪要"仅处理了第一个层次的问题,且主要以资本维持原则作为实体判断标准。然而,我国现行公司法资本维持原则过于粗疏,且缺乏"大分配"概念和底线规制的思路,导致"对赌协议"下的回购只能通过减资的途径,徒增成本。域外以清偿能力标准替代资本维持原则,体现了另一种以债权人利益为导向限制公司资产单向流出至股东的规制思路,但其商业逻辑上的合理性却无法掩盖更大的操作成本。就第二层次的判断主体而言,以美国特拉华州为代表,法官的商业判断逐渐让位于公司董事会的商业判断,却进一步凸显了公司、不同类别股东、债权人之间利益冲突的复杂状态。立法层面的价值判断与政策选择将最终决定司法裁判的走向,未来我国公司法的修订需要回应商业实践的诉求,同时PE/VC投资者也需要直面投资失败的风险承担。     

文化碰撞中的选择:中国传统礼仪法文化在近现代的变革

礼仪是中国古代文明的一种符号,礼仪法是中华法文化的一个标志性内容,是华夏礼仪之邦有别于其他民族的显著特征。法律近代化过程中,中国古老文化与西方外来文化的冲突,首先是围绕着礼仪而展开的;文化冲撞后的维新与变法,也将旧礼仪的改造作为要务。传统的礼仪法文化承载着中华民族生生不息的民族精神、民族品格,也凝结着浓重的尊卑等级观念、封建迷信色彩,充斥着铺张、奢华的繁文缛节。取其精华,弃其糟粕,将有助于当今的礼仪文化的建设。     

The benefits of being defended: Perceived bystander participant roles and victims’ emotional and psychosocial adjustment

Despite a wealth of knowledge for factors predicting adolescent defending behaviors, it remains unknown about victims’ adjustment resulting from experiencing the presence of different bystander roles in a victimization episode. This study analyzed 209 Taiwanese adolescents’ reports of school-based peer victimization, perceived bystander actions in the event, and the victims’ emotional responses (e.g., happy, sad), emotional status following the episode (e.g., feeling better, worse), and psychosocial maladjustment (i.e., depression, loneliness, anxiety). Our results showed that bystander participant roles varied by victimization types and that defended victims adjusted better than nondefended victims both emotionally and psychologically. Moreover, adolescent victims who reported the presence of an outsider during the victimization experienced more complex and negative emotional responses than victims who reported the presence reinforcer or assistant of the bully. Implications for interventions and prevention are discussed.     

Methodological Issues in Assessing the Effects of Maltreatment Characteristics on Behavioral Adjustment in Maltreated Children

This paper explored methodological issues in examining the impact of maltreatment characteristics on behavioral adjustment in a sample of maltreated school-age children. Different approaches to assessing the effects of maltreatment type were used to determine whether maltreatment characteristics differed by type of maltreatment and whether relationships between maltreatment characteristics and child behavioral functioning differed according to type of maltreatment. Results revealed several differences among the three types of maltreatment subgroups (physical abuse, neglect, and sexual abuse) on characteristics of maltreatment experiences. Correlations between maltreatment characteristics and outcome measures for the sample as a whole obscured findings that relationships were often specific to particular types of maltreatment. Developing generic definitions for maltreatment characteristics applicable to all forms of maltreatment is difficult because of differences in meaning across maltreatment types. Findings suggest that the role of maltreatment characteristics in children's behavioral functioning should be examined separately for each form of maltreatment.     

论外资国民待遇标准与中国外资立法政策的调适

随着经济全球化、投资自由化趋势的日益增强 ,外资国民待遇标准的处延有逐步拓展、并在形式上有专门多边条约调整的趋势。我国改革开放以来过分依赖给予外资优惠的立法政策已显现出负面影响 ,为因应国际投资自由化和我国经济转型的需要 ,我国的外资立法应采取以维护内外资公平竞争环境为价值取向的政策。     

Shock incarceration and positive adjustment during community supervision

This study examines the adjustment of offenders from shock incarceration programs (boot-camp prisons) during community supervision over a 1-year followup period in five states. Their performance is compared to comparison groups who were eligible for the shock program but did not attend. An index was used to quantify the positive activities of offenders. The results provide little conclusive evidence that the shock incarceration programs had a positive effect on offender behavior. The data do suggest that supervision intensity plays an important role in shaping offenders' activities during community supervision.This investigation was supported in part by Grant 90-DD-CX-0061 from the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice to the University of Maryland. Points of view in this document are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.An earlier version of this paper was presented at the Annual Meeting of the Academy of Criminal Justice Sciences, March 1994, Chicago, Illinois.     

论入世后我国企业竞争策略的调整

入世后我国企业面临着竞争环境的重大变化 ,针对变化了的竞争环境 ,企业必须从各个方面调整竞争策略 ,才能在国际竞争中立于不败之地。认真分析研究入世后企业面临的竞争态势的新变化及应对竞争的策略 ,意义重大     

Coparent Support and Conflict in African American Single Mother-Headed Families: Associations With Maternal and Child Psychosocial Functioning

This longitudinal investigation examined main and interactive effects of coparent support and conflict on mother and child adjustment in 248 low-income, African American, single mother-headed families. The findings indicated that coparent conflict was a more robust predictor of mother and child maladjustment both cross-sectionally and longitudinally than was coparent support. Moreover, findings revealed that coparent conflict and support interacted to predict one parenting behavior, monitoring, both cross-sectionally and longitudinally. Coparent relationships characterized by high levels of support and low levels of conflict were associated with the highest levels of parental monitoring behavior, whereas coparent relationships characterized by low levels of support and high levels of conflict were associated with the lowest levels of monitoring. The findings highlight the importance of examining both positive and negative aspects of coparent relationships in this at-risk, but understudied, group.     

Assessing the Behavior and Needs of Veterans with Traumatic Brain Injury in Washington State Prisons: Establishing a Foundation for Policy,Practice, and Education

Abstract

A growing awareness of justice-involved veterans is revealing how little is known about this population, to what extent they have experienced a traumatic brain injury (TBI), and how this may relate to institutional behavior, participation in programs, and use of institutional resources. The current study identifies the prevalence of incarcerated veterans in Washington State who have experienced a TBI and how a TBI history may affect their prison experience and use of prison resources. The results of our study show that incarcerated veterans in Washington State with a moderate-to-severe TBI are more likely to use medical services, commit violent infractions, be placed in maximum custody (solitary confinement), and less likely to complete vocational and job skills programs. The importance of these findings to policy and practice is discussed.