破产程序中劳动债权的法律保障

破产企业职工劳动债权的保护问题，是破产法理论和司法实践中的重要问题之一，我国与企业市场退出相配套的社会保障机制尚未建立，破产企业职工生活尚缺乏足够的社会保障，为此研究职工劳动权益的保护问题有着重要的意义。本文以中国现代法制人道关怀、救助社会弱者为出发点，对政策性破产中劳动债权的破产优先权、一般企业破产中劳动债权的优先受偿权及劳动债权的参与权等问题作了初步探讨。     

驾驶模拟器用于驾驶员安全教育的研究

本文简要介绍了我国交通事故和驾驶员安全教育现状以及驾驶模拟器用于驾驶员安全教育的前提条件,提出了驾驶模拟器用于驾驶员安全教育的虚拟道路交通视景系统的组成及设计方法,分析了驾驶员安全教育的虚拟道路交通视景特征及驾驶模拟器用于安全教育的可行性。     

The fair process effect and procedural criteria in the resolution of disputes between intimate same-sex friends

This series of studies extended procedural justice research to the informal domain of dispute resolution in intimate same-sex friendship. The first study identified the types of disputes that occur between friends and the concerns that friends have when choosing dispute resolution procedures. Seven dispute types and 11 procedural criteria were found relevant to dispute resolution in friendship. Study 2 assessed the importance of procedural criteria for resolving several dispute scenarios. As expected, ratings of criterion importance were affected by subject and disputant sex. Females rated four criteria as more important than did males, and one criterion was rated as more important in disputes involving a male and a female than in disputes involving two females. The importance of procedural criteria was also influenced by the type of dispute, but this effect was qualified by an interaction with the dispute version. It was suggested that the importance of procedural criteria is generally defined by the context of friendship and specifically defined by the dispute topic. In Study 3, the relations among subject sex, traditional fairness variables, and criterion-based measures of process control were examined. Consistent with studies in other domains, process control predicted procedural justice, and decision control predicted distributive justive. Moreover, the hypothesized fair process effect emerged as a function of speed, a criterion-based measure of process control.     

Drugs in motorists traveling Swedish roads: on-the-road-detection of intoxicated drivers and screening for drugs in these offenders

This paper deals with the police officer's or police doctor's ability to find drivers under the influence of drugs. We have also studied whether the protocol on the driver's previous histories of drug intake is useful for directing the chemist in his analytical approach to revealing intoxicants in the suspects' body fluids. A comprehensive procedure for screening traffic-hazardous drugs in the urine was found necessary and is described. By using this method, we have studied the incidence of drunken drivers with detectable medicinal or illicit agents. The results demonstrate that 91% of those drivers found by the officer or doctor of the police to be on intoxicants other than ethanol, carried some kind of traffic-hazardous drug in their body fluids, and that the doctor was a better judge than the police in identifying these offenders. By using a series of chemical methods for drug screening, we found that every third driver suspected of drunken driving due to ethanol, but not to other intoxicants, held some kind of a traffic-hazardous drug substance in his urine; benzodiazepines and cannabinoids were the most common findings. The data imply that 34% of these suspects revealed their intakes of traffic-dangerous intoxicants. We conclude that the judgements of both the officer and doctor of the police are needed for an efficacious detection of drivers under the influence of drugs. Moreover, the results infer that the chemist has to screen for intoxicants to reveal these in a suspect driver. We also conclude that drugs, particularly the benzodiazepines or cannabinoids, may be commonly encountered in drunken drivers, suspected of being inebriated by ethanol but no other toxicants.     

The Role of UNEP and UNDP in Multilateral Environmental Agreements

This study examines the role of the UN’s programmes for environment and development (UNEP and UNDP) in the genesis and implementation of multilateral environmental agreements (MEAs). This is set in the wider context of the changing dominant focus of the international agenda, from ‘environment’ at the Stockholm Conference in 1972, to ‘environment and development’ at Rio in 1992, and ‚sustainable development’ in Johannesburg in 2002. UNDP is a development organisation strongly rooted in its country office network. Its role is becoming increasingly normative however, particularly since 2002 when UNDP opted to root most of its activities on the Millennium Development Goals. UNEP, as an environmental organisation has been successful at catalysing MEAs at the global and regional level; but without a significant increase in its budget over 30 years, its capacity has been spread very thinly. Many of the institutional arrangements for MEAs have effectively become independent of UNEP resulting in a very loosely and sometimes poorly coordinated network. Two case studies are used to illustrate the current institutional arrangements: UNEP’s Regional Seas Conventions and Protocols, and the Convention for Biological Diversity. These illustrate the fragmentation of current institutions, the need for strengthened technical and scientific support, the importance of addressing problems at their root causes and the need to increase the devolution of global governance to the regional level. Satisfying the identified needs requires actions within the remit of both UNEP and UNDP. It is argued that current institutional arrangements have not kept pace with the requirements of evolving policy. As part of a reform process, one option may be to merge the two programmes into a single structure that conserves and strengthens vital technical functions but enables a balanced and integrated approach to sustainable development.     

“正当程序”作为行政程序司法审查标准的立法建议

《行政诉讼法》第54条规定,具体行政行为违反法定程序将导致撤销或部分撤销,并可以判决被告重新作出具体行政行为。《行政诉讼法》对行政程序的要求改变了"重实体、轻程序"的执法模式。把"法定程序"作为司法审查标准有很大局限性,本文建议将司法审查标准提升为"正当程序"标准。     

The Role of Policy Brokers: The Case of Biotechnology in Kenya

Debates about biotechnology continue to be polarized despite its potential to improve the living standards of the poor in Sub‐Saharan Africa. In the backdrop of this polarized scenario, this paper asked, is there a place for brokers in bringing about a productive debate that is pro‐development? The paper argued that if potential intermediaries are analyzed from the perspective of understanding their role and stakeholding in the regulatory change process, this may help breakout the current polarized anti‐ and pro‐biotechnology debates and thereby focus on how to enable productive biotechnology development. Informed by insights from innovation brokering, the functions of brokers in biotechnology regulation are analyzed through the lens of organizations involved in agricultural biotechnology debates in Kenya. The analysis found that policy brokering function attracts varying opportunities and challenges appropriate for informing relevant policy. The paper drew lessons from Kenya's experience to inform a productive policy brokering model for biotechnology regulation.     

城市化过程中的农民工市民化问题

本文认为,目前官方的关于2009年城镇化水平达到47.6%的结论,只是一种表象,原因在于官方城镇人口统计中的农民工群体,其目前的生存状态无法与作为城市化主体的市民相称。农民工市民权的缺失表现为非正规工作、社会保障的有限性与不平等性、政治参与和利益代表不足、家庭分离的居住形式、平等教育权的缺失。文章从历史的视角考察了国家发展战略及其制度安排和结构性压力的相互作用及其对农民工市民化进程的影响,指出农民工市民化的出路在于外部"赋能"与自身"增能"。为此,需要:(1)国家在制定发展战略时对农民工的市民化予以高度重视,对农民工的城市化进程、定位、路径安排等要有整体性的规划与布局,要将农民工看作是公民而不仅仅是城市经济发展所需要的劳动力;(2)国家全面、系统地改革现行的社会政策体系,而不仅仅是考虑改革户籍制度甚至取消户籍制度本身;(3)让农民工获得足够的收入并拥有支付城市生活费用的能力,特别是组织能力和市场能力。     

危险驾驶案件办理初探

为了解决因为酒后驾车、超速驾驶等不文明驾车行为引发交通事故的问题,《刑法修正案(八)》将危险驾驶行为纳入刑法调整范围,即危险驾驶行为构成刑事犯罪。"酒驾入刑"自实施以来,此类犯罪的案件数量激增,并引发了定案证据单一、强制措施适用不当等问题。本文将从案件办理现状入手,通过分析办案难点及其成因,提出加强宣传教育、提高办案能力、全面收集案件证据、搭建案件信息网络平台、完善法律规范等对策,以期达到完善危险驾驶案件办理工作现状的目的。