公权力与私权利关系的法理学思考

中国的法治意识土壤中存在公权力偏好,在公权力和私权利关系上存在倒置、虚化和随意化现象。这种意识在制度层面导致宪政政体中政府和社会关系界分和设置的混乱,在机制层面上导致司法不能成为政府和社会的中立裁判者,从而导致法治之"法"的权力依附性和法治之"治"的落空。作者认为对于后发性的政府推进型法治模式来讲,首先要树立现代的权力和权利观,在宪政体制中界定好政府和社会的制度关系,进而确立符合法治目的和运作特点的机制模式。     

A Longitudinal Investigation of the Development of Weight and Muscle Concerns Among Preadolescent Boys

The study examined the impact of body mass index (BMI), negative affect, self-esteem, and sociocultural influences in the development of weight and muscle concerns among preadolescent boys. Body dissatisfaction, importance placed on weight and muscles, weight loss strategies, and strategies to increase muscles were evaluated. Participants were 237 boys aged between 8 and 11 years who were tested at three assessment periods 8 months apart. The main predictor of boys’ body change strategies was their perceived pressures to modify weight and muscles from parents, peers, and the media. The other main predictor of boys’ body change strategies and the sole predictor of body dissatisfaction was BMI. Self-esteem and negative affect were found to be weak and generally nonsignificant predictors of boys’ body image concerns and body change strategies. Additional studies that examine the risk and protective factors associated with boys’ weight and muscle concerns are needed to assist in the development of prevention programs for preadolescent boys.Lina Ricciardelli is an Associate Professor at Deakin University. She received her PhD in 1990 from the University of Adelaide, Australia. Her research interests are body image concerns, disordered eating and substance abuse among youth.Marita McCabe is a Professor at Deakin University. She received her PhD in 1981 from Macquarie University, Australia. Her research interests are in body image across the lifespan, sexuality, and chronic illnessJess Lillis is graduate student at Deakin University, She completed her undergraduate work in 2000 at Deakin University, Her research interests are body image concerns and negative affect among youthResearch Fellow at Deakin University, She received her D Psych in 2000 from Deakin University, Her interests are in disordered eating and depression among adolescents     

Social-Demographic,School, Neighborhood,and Parenting Influences on the Academic Achievement of Latino Young Adolescents

Using data from a national sample of 388 Latino young adolescents, this study identified the social-demographic characteristics, influences in the broader social environment, and parenting practices that predict youth academic achievement. Youths who were Mexican American, older, and had an English language problem had lower levels of reading and mathematics achievement. Youths of mothers who began childbearing at older ages, had higher levels of intellectual abilities, and reported no English language problem scored better on both types of achievement tests, but poverty was related only to reading achievement. Attendance in higher-rated schools was associated with higher reading and mathematics scores, but residence in better quality neighborhoods was related only to reading achievement. Three parenting practices—providing cognitive stimulation, parent–youth conflict, and academic involvement—predicted both types of achievement. The effect of poverty on reading achievement was explained by residence in lower quality neighborhoods, lower levels of cognitive stimulation, and parent–youth conflict.Associate Professor, University of Illinois at Urbana-Champaign. Received PhD in Social Welfare from the University of Wisconsin – Madison. Research interests include examining the effects of poverty and other risk factors on the well-being of children, adolescents, and families.     

两岸"信心建立措施"(CBMs)的起步

有关两岸构建＂信心建立措施＂需要具备什么条件,看法并不一致。本文从世界各地的经验,说明：一、＂把高标准的政治互信作为协商军事互信机制的前提是一种过高的要求＂;二、只要双方都有＂谋求相对安全的需要＂,并有一定的互信基础,协商＂信心建立措施＂的前提就已存在;三、建构＂两岸信心建立措施＂是一件具有标志性意义的大事,应当及早策划、及早协商、正式起步。     

双重互构逻辑下中国城乡关系的演进规律与时代抉择--基于马克思恩格斯城乡融合思想的分析

新中国成立70余年来,城乡关系从分离、差别到二元结构的固化,再至城乡关系的融合发展,这个历史进程部分地践行了马克思恩格斯的城乡融合思想,二者在理论与实践层面实现了首次互构。新时代的城乡关系已然出现了新的变化,而新马克思主义学派也继承更新了马克思主义的理论和方法,重构了空间理论,进一步延展了马克思恩格斯的城乡融合思想,城乡关系的新变化与马克思恩格斯城乡融合思想的动态演进之间实现了二次互构。基于二者双重互构的逻辑,城乡关系的融合与创新发展应汲取马克思恩格斯城乡融合思想的时代精髓:尊重城乡发展的基本规律,规范资本与“人本”的界域;彻底翻转城乡不对等的理念,积极促成城乡资源要素的自由流动;变革城乡融合发展的相关体制与机制,致力于城乡公共服务的均等化及向乡村领域的延伸;实现乡村振兴战略、巩固脱贫攻坚成果及城乡融合发展的三元共振,推进城乡融合发展迈入新阶段。     

网络共同犯罪若干疑难问题探讨

网络空间中的共同犯罪,由于犯罪人之间往往是单纯的技术配合,彼此之间互不相识,甚至永生不会谋面,从而使该类犯罪在共同犯罪故意的认定上、网络单位犯罪与网络共同犯罪的区别上、共同犯罪的聚合形式上均产生了困难.犯罪方法和犯罪手段呈现出的网络化特征,使网络环境中的共同犯罪问题成为刑法理论急需给予关注并加以及时解决的一个重要问题.从计算机网络共同犯罪的含义及特点的分析入手,网络共同犯罪故意的认定网络单位犯罪问题网络聚合性犯罪的性质及其认定等几个方面展开了较为深入的探讨.     

遗赠扶养协议性质探析——我国继承法及其司法解释相关法条评析

从大多数遗赠扶养协议纠纷的判例来看,受扶养人的利益得到更多保护,其原因在于继承法侧重保护被继承人.但是,遗赠扶养协议之"协议性"也给合同法的适用提供可能,适用平等保护当事人的合同法会得出不同的结论.调和法律之间的冲突进而解决实践中的纠纷,需要以遗赠扶养协议的制度价值和社会需求为基础,明确遗赠扶养协议的合同属性,公平分配当事人之间的权利义务.     

关于祖国大陆与香港建立刑事司法互助关系的研讨(续)

香港回归加速了其与祖国大陆的联系。双方建立适当的刑事司法互助不仅能更有力地打击各种犯罪, 维护香港和内地的繁荣稳定,而且更可为澳门乃至台湾与内地刑事司法互助提供可资借鉴的良好模式。     

Merging with the metals: an analysis of the role micro-political relationships played in the merger of the Printing and Kindred Industries Union with the Australian Manufacturing Workers Union

ABSTRACT

In the spring of 1987, the Printing and Kindred Industries Union (PKIU), Federal Executive Committee, reluctantly concluded that membership decline and the resultant fall in income meant that the union needed to find an amalgamation partner. In common with many Australian unions, which felt similarly compelled to merge, there was initially a lack of consensus over a preferred merger partner. In most other unions these disagreements were eventually resolved, an amalgamation deal negotiated, and membership endorsement of the merger secured. This was not the case in the PKIU. Instead the union remained in intense internal conflict, throughout the seven-year amalgamation process. Scholars have suggested that the PKIU’s amalgamation fissures were caused by political, economic, industrial and institutional disagreements. Other authors have gone further and argue that dramatic shifts in the PKIU’s and other unions amalgamation policies, during the 1980s and 1990s, were the result of alterations in the strengths of different internal political factions, or the rejection of a union’s merger policy by the membership. This article, while accepting that political, economic, industrial and institutional factors all influenced the PKIU’s internal debate, puts forward an alternative hypothesis. It asserts that micro-political factors, specifically personal animosities, friendships and loyalties, played a significant role in determining the eventual choice of an amalgamation partner, and the contrasting results of its two merger ballots.     

Parental Aspirations for Their Children’s Educational Attainment: Relations to Ethnicity,Parental Education,Children’s Academic Performance,and Parental Perceptions of School Climate

This study examined parental aspirations for their children’s educational attainment in relation to ethnicity (African American, Asian, Caucasian, Hispanic), parental education, children’s academic performance, and parental perceptions of the quality and climate of their children’s school with a sample of 13,577 middle and high school parents. All parents had relatively high educational aspirations for their children, and within each ethnic subgroup, parental education and children’s academic performance were significantly and positively related to parental aspirations. However, moderating effects were found such that Caucasian parents with lower levels of education had significantly lower educational aspirations for their children than did parents of other ethnicities with similar low levels of education. Although the strength of the relationship between parental perceptions of school-related factors and parental aspirations for their children’s educational attainment was not strong, it was most predictive of non-Caucasian parental aspirations for their children.