论中国民法典婚姻家庭编的立法理念与制度新规

《民法典》婚姻家庭编的编纂,根据加强国家对婚姻家庭的保护、倡导重视家庭文明建设、尊重婚姻家庭当事人的意思自治、注重夫妻婚姻家庭地位的平等、注重儿童最大利益原则的贯彻、注意保护婚姻家庭弱者的权益等立法理念,新增或修改补充了24项制度或规则,主要包括:在"一般规定"章中,新增婚姻家庭受国家保护原则,增设婚姻家庭文明建设的倡导性规定,确立最有利于被收养人原则,界定亲属的种类、近亲属和家庭成员的范围;在"结婚"章中,减少禁止结婚和无效婚姻的法定事由,修改补充可撤销婚姻制度,新增重大疾病的如实告知义务、婚姻无效或被撤销无过错方的损害赔偿请求权;在"家庭关系"章中,新增夫妻家事代理权及其限制规则、夫妻共同债务认定规则、婚内析产规则、亲子关系的确认与否认之诉规则;在"离婚"章中,新增离婚冷静期、婚姻关系解除的时间,补充诉讼离婚准予离婚的法定事由、离婚时处理子女抚养问题规则、离婚夫妻共同财产分割原则,修改离婚经济补偿、离婚经济帮助的适用条件,增加离婚损害赔偿法定事由的兜底条款;在"收养"章中,放宽被收养人的年龄和收养子女的人数限制,修改收养人的条件,增加收养评估规则等。     

略论刑事诉讼中的公正与效率——以不起诉制度为范本

现代法治国家,公正与效率无疑是刑事诉讼法追求的两种价值,刑事诉讼的基本制度无不体现着此两种价值的冲突与融合.中德两国的刑事诉讼法均将公正摆在优先于效率的位置,但我国刑事诉讼法却更加突出了实体公正的重要性,忽视了诉讼效率的因素.文章以中德两国的不起诉制度为比较范本,进一步分析刑事诉讼中公正与效率的关系,从而在刑事诉讼的制度构建与实践中实现两者关系的合理定位.     

Regional standardization in the age at marriage

Age at marriage is an important issue in family, population, and socioeconomic history as well as in cultural anthropology. In preindustrial Japan, regional differences in inheritance customs determined the regional diversity of marriage patterns. The age at marriage in preindustrial Germany also showed a regional diversity, but compared to Japan, it was standardized within the European marriage pattern. The author contends that there were two different patterns of standardization in marriage behavior in Germany, one being the historical consequence of official institutionalization and the other occurring as a process on a macroeconomic level and resulting in a concentration of age at marriage around a mean age. The distribution of the ages at marriage and its historical change in this context is an important variable for the analysis of marriage behavior.     

Poor relief and families in nineteenth-century Ireland and Italy

This article examines the extent to which poor relief supported families and households in two contrasting European (and predominantly Roman Catholic) countries, Ireland and Italy, over the long nineteenth century. The main focus of the article is on the poor law in Ireland and the extent to which it provided support to families and households. While nuclear and extended families dominated household structures in late nineteenth-century Ireland (at least in rural areas), we show that by 1900, the majority of persons supported in workhouses were single. However, outdoor relief also formed an important part of the Irish poor law system and data on the household composition of persons supported is not available from official sources. Drawing on a data-matching exercise for one poor law union, this article suggests that the household structure of persons on outdoor relief may have been more complex than the official data would indicate and, in contrast to indoor relief, much more representative of overall household structures. In order to put these findings in context we compare the Irish approach with that adopted in Italy.     

“We weren't the sort that wanted intimacy every night”: Birth control and abstinence in England,c.1930–60

This article presents an exploration of qualitative evidence on the relationship between birth control and abstinence from an oral history project, which interviewed middle and working-class English men and women, who had married between the late 1920s and the early 1950s. Among the working classes the assumption that men were responsible for birth control choices and the disadvantages that contraceptive methods of all types posed, combined with the fear of pregnancy, acted as a disincentive to have sex and resulted in forms of partial abstinence. Among the middle classes, women had much more access to birth control information and as a consequence a greater range of methods was used, including more female methods. However, the reluctance of couples to discuss sexual matters, and some continued preference for male methods meant that while condoms were the most regularly used middle-class male method, both withdrawal and abstinence were also in evidence. Moreover, although partners were more likely to discuss birth control at the start of their marriages, they were less likely to agree that contraception was a male responsibility and there was greater potential for conflict over contraceptive methods, not infrequently resulting in abstinence. The evidence suggests that sexual and contraceptive practices in marriages in England at the end of the secular fertility decline do not present a picture which straightforwardly correlates with the assumptions represented by the popular thesis that this period of increased fertility control was closely associated with the rise of companionate marriage.     

Marriage systems and remarriage in 19th century Hungary: a comparative study

The paper tries to examine the intensity and possible influencing factors of remarriages in two distant communities of historic Hungary during the 19th century. It uses longitudinal data gained from parish registers and family reconstitution method and event history models for the analysis of remarriage. Having only incomplete information on the social status of widowed persons, we used sex, age at widowhood, period, duration of widowhood and family composition as independent variables in the models. The analysis could prove that there were considerable differences within the ‘Eastern marriage pattern’: the analysed Transylvanian community showed a higher propensity to remarry than the West Hungarian one. This result fits well into the differing demographic patterns of the two communities. The most probable causes of these differences were better mortality and differing social composition in the Hungarian village. High propensity to remarry and the high proportion of widower/widow marriages stress the unique character of the Transylvanian community. Otherwise the role of sex was decisive in remarriage, that of age and duration of widowhood were also considerable, while period effect could not be observed. The presence of working-age sons decreased the relative risk of remarriage significantly. In this respect there were no considerable differences between the studied communities, and the results are similar to those of other research.     

Just trust me and you’ll make a fortune – relationships between offenders and victims of human trafficking

ABSTRACT

Despite the increasing amount of research on human trafficking, certain aspects of the phenomenon have remained less studied. For many years, research had focused on trafficking for sexual exploitation and men-exploiting-women cases. Recently, the body of literature has become more diverse, and different forms of trafficking have been recognised. However, the trafficking research has largely ignored the notion of intersectionality, although intersectionality has been applied in several studies, for example, on domestic violence. This article deals with the relationships between offenders and trafficked persons. The study asks what is the nature of the relationships between them. Furthermore, the intersectional approach is applied to analyse what factors make trafficked persons prone to exploitation and, on the other hand, keep them in the exploitative situation. The study also focuses on the power relations between the parties involved. The data consists of trafficking in human beings court judgments from the Finnish courts. The intersectional analysis focuses particularly on the close reading of two cases. The analysis shows that many intersecting factors are linked to the victimisation of trafficked persons. Furthermore, the exploitative relationships between offenders and trafficked persons display many features of unequal distribution of power.     

Employer–employee relationships at Lonmin Platinum: A developing South African perspective

Abstract

More than ever, companies are confronted with the importance of developing and maintaining relationships with their strategic stakeholders, such as employees. These relationships should be aimed at balancing the interests of the company with the interests of said stakeholders. Managing relationships with stakeholders is difficult in itself and even more so within the complex context of the South African mining industry. The aim of this article is to determine guidelines that could be used to ascertain employer–employee relationship type and relationship quality in the mining sector. In 2004, a quantitative questionnaire survey was conducted with a stratified quota sample of 508 company employees as part of a commissioned stakeholder perception survey. In addition, qualitative focus-group sessions were conducted to contextualise and clarify the quantitative results. The research indicated that the employer–employee relationship at Lonmin Platinum could be classified as an exchange, rather than a communal relationship. Employees generally perceived the quality of their relationship with the company in a negative way. Employees from all job levels had low levels of trust in the company. This study contributes to a growing body of research aimed at trying to understand the nature of employer–employee relations within large companies in a developing society, where companies are faced with the challenge of communicating to and managing diverse workforces.     

An integrated crisis communication framework for strategic crisis communication with the media: A case study on a financial services provider

Abstract

In order for organisations to survive in an ever-changing milieu in the current business environment, sufficient crisis communication and management practices need to be in place. Despite this, organisational crises are often inefficiently managed, which could be ascribed to the lack of strategic management of crises (Kash & Darling 1998: 180). This article explores the lack of strategic crisis communication processes to ensure effective crisis communication with the media as stakeholder group. It is based on the premise that the media are one of the main influencers of public opinion (Pollard & Hotho 2006: 725), thereby necessitating the need for the accurate distribution of information. Furthermore, the study focuses specifically on the financial industry, which is arguably more sensitive and thus more prone to media reporting because financial services providers manage people's money (Squier 2009). A strategic crisis communication process with the media is therefore proposed, facilitated through an integrated crisis communication framework, proposing a combination of integrated communication (IC) literature, with emphasis on Grunig's theory of communication excellence, to build sustainable media relationships through two-way communication; and a crisis communication process that has proactive, reactive and post-evaluative crisis communication stages, thereby moving away from seeing crisis communication as a predominantly reactive function.     

论刑法学中“条件关系”的引入

＂条件关系＂是对应着＂因果关系＂而提出来的。行为与某种损害结果构成＂条件关系＂需要具备主客观两个方面的条件：客观上行为人没有实际预见,主观上行为人没有掌控某种损害结果的意志自由。＂条件关系＂的构成条件反面地说明着＂因果关系＂的构成条件,故＂条件关系＂的引入是对传统刑法因果关系理论的一种深化。＂条件关系＂能够＂阻却＂结果犯或结果加重犯的成立,即＂阻却＂刑事责任的形成或升级,从而成为刑事责任的一种分析工具。