论保险法上代位求偿权的正当化基础

代位求偿权正当化基础是构建保险人代位求偿权制度的基本出发点,已有的理论解释包括防止被保险人不当得利等。本文认为代位求偿制度其正当化基础可以从损害赔偿原则本身求得,而无需借助民法不当得利。文章以此为基础进一步解析了保险合同代位求偿权的适用范围,以及保险人向第三人主张的赔偿范围和诉讼时效等保险法实践层面的问题。     

政法工作如何以关注民生为重点

政法工作要坚持以人为本、执法为民,把维护人民权益作为工作的根本出发点和落脚点,着力解决人民最关心、最直接、最现实的利益问题,为人民安居乐业提供有力的法治保障和法律服务。     

比较视野中的公民政策参与

公民政策参与公共政策过程不仅能够为行政机关建构新的合法性来源,也可以为行政权力的理性化行使配置新的制约力量,这是公民政策参与受到世界各国普遍重视的原因所在。但是,基于不同的体制和制度安排,公民参与的效果又存在着较大的差异。我国公民政策参与表面轰轰烈烈、实际效果不彰的原因在于缺乏合适的权力体制的配合。因此,赋予公民以实体性的参与权,同时对国家权力的分配格局做出一定程度的调整,是摆脱公民参与困境的一个可能出路。     

The connection of police strategies for coping with workplace problems to stress in two countries

This research examined the direct effects of coping strategies on stress and the moderating effects of coping strategies on the associations between workplace problems experienced by police and stress in South Korea and the United States. Data revealed that coping strategies did not change the strength of connections between workplace problems and stress. Especially in the United States, the use of escape as a coping strategy was related to high stress. Findings were most consistent with the use of organizational-level interventions to increase police officers' job control and advancement opportunities, and pointed to the need to consider support as a way to limit stress.     

论当前行业协会应对贸易摩擦的不足及其完善

自我国加入WTO十余年来,我国的对外贸易额飞速增长,现已成为世界第二大经济体。但是这一辉煌的进程却同时伴随着我国遭遇了众多的贸易摩擦并损失惨重的历史教训。中国制造在占据世界重要一席之地的同时也一直饱受诟病。其他国家相继实行各种类型的贸易摩擦给中国企业和商品贴上各种“标签”,使我国企业出口背上了沉重的包袱。因此,如何积极应对贸易摩擦,给出口企业营造良好的发展环境和公平竞争空间,就需要我国政府、企业和行业协会的共同努力。本文着重从行业协会的角度来探讨应对贸易摩擦的方式和方法。     

Managing Public Accountability: How Public Managers Manage Public Accountability

Accountability is of growing importance in contemporary governance. The academic literature on public accountability is fraught with concerned analyses, suggesting that accountability is a problematic issue for public managers. This article investigates how public managers experience accountability and how they cope with accountability. The analysis highlights a number of ways in which public managers do indeed “suffer” from accountability, although, conversely, most of the respondents were able to identify strategic coping mechanisms with which apparently problematic accountability requirements can be converted into practically useful procedures.     

Chapter 7

Abstract

This study investigated ethnic and gender differences in reported resource losses and gains for recovering substance abusers living in Oxford Houses (OH). Participants (n= 829) completed a version of Hobfoll's (1998) Conservation of Resources (COR) Evaluation. Results indicated significant individual differences in resources, based on gender, ethnicity, and the length of OH residential stay. Men reported fewer resource gains and losses than women. With respect to ethnicity, African-Americans reported greater gains and losses in resources than European-Americans. Individuals with less time in an OH also reported having experienced more losses in the past three months.     

Pupil Insights into Bullying,and Coping with Bullying

Abstract

We report a bi-national study of children's perceptions of bullying and coping with bullying in Japan and England. The study focused especially on the children's opinions about coping strategies for different types of bullying, why victims of bullying often do not/cannot tell others about their being bullied, and what bystanders might do and why bystanders might not help the victims. Two hundred and seven pupils aged 13-14 years from one junior high school in Tokyo and one secondary school in London completed a questionnaire. Bullying (ijime) in Japan was seen as relatively more often characterised by larger groups of bullies, mostly in the same grade and “friends” of the victim, compared to bullying in England which was more often by a smaller number of bullies, often from a higher grade, and often not friends of the victim. Children of both countries were found to have a certain idea of coping strategies for different types of bullying. Problem-focused coping skills were considered more useful than emotion-focused coping skills. Most victims were, however, thought not to be able to actually use these coping skills, but too often do nothing and put up with it because of the fear of the bullying getting worse or of having not enough support from others. Pupils seemed to think they should actively intervene to help victims; however, most bystanders were actually thought to try not to be involved because of the fear of getting attacked by the bullies or of becoming the new target of bullying. Some national and gender differences were also examined.     

刑事简易程序出庭应对机制研究

应新刑诉法要求基层检察机关公诉人全面出席简易程序案件庭审,这虽是刑诉法中程序公正的必然要求,但公诉人该如何兼顾公正与效率,却是一道亟待解决的难题.通过对重庆市南岸区人民检察院受理的案件数量、公诉人办案情况以及出庭经验的分析、总结,对建立科学合理的简易程序出庭应对机制进行了研究.     

关于河南省私营企业工会组建和维权情况的调查报告

在党的十五大精神指引下 ,河南省各级工会组织 ,在探索私营企业工会组建、建立私营企业工会领导体制、工作机制、努力提高工会工作水平、维护私营企业职工合法权益、不断开创工会工作新局面方面取得了显著成绩 ,基本形成了“党委领导、人大立法、政府支持、工会主抓、社会各界配合”的工作格局。