我国自然人流动的法律现状及走向

立足我国现实国情,详尽分析我国自然人流动的动因,并从我国服务贸易的进出口两方面分别论述我国对自然人流动的GATS承诺及我国服务提供者进入外国市场的现状,最后,提出完善我国自然人流动的若干法律建议:建立支持和鼓励自然人流动的法律机制;积极参与国际服务贸易规则的制定和自然人流动的谈判;调整服务人员的输出结构并拓宽流动渠道;建立灵活高效的服务人员输出管理体制;严格自然人流动方面的法律规则;大力开展人才培训以提高服务人员的竞争力。     

FAMILY CARE COMMITMENT DISCRIMINATION: BRIDGING THE GAP BETWEEN WORK AND FAMILY

This Note discusses the pervasive problem of employment discrimination based on family responsibilities, or family care commitment discrimination. Employees with family care commitments often find themselves being pulled in opposing directions—between work and family. When an employee is forced to choose work, for financial reasons, over family, his or her family ends up suffering. The current state and federal statutes aimed at employment discrimination are insufficient to deal with family care commitment discrimination. This Note proposes a change to the current legislation and explains how this change will protect employees and families, while causing employers to internalize externalities by adopting more family‐friendly policies.     

Examining Organizational Commitment among National and Expatriate Employees in the Private and Public Sectors in United Arab Emirates

The indigenous manpower deficit in the United Arab Emirates (UAE) has resulted in hiring of millions of expatriate employees. In the past decade, this situation has led to many concerns for decision makers as organizational productivity declined. The present study aims at examining the relationship between employees’ nationality and their organizational commitment (OC), in addition to exploring the various forms of commitment exhibited in the workplace. Bivariate and multivariate analyses indicated that OC was multidimensional as employees have expressed differing types and levels of commitment. In addition, nationality of employees was significantly correlated with the level of their commitment. Thus, this study provides several recommendations for researchers and practitioners.     

Radical Islam and the struggle for influence in Central Asia

The threat of an Iranian‐style Islamic takeover of the newly independent states of Central Asia is currently more of a potential than actual threat to the secular rulers of these countries. Nonetheless, economic, environmental and nationality problems render these rulers vulnerable to a future Islamic potential challenge. The threat of Islam has been used by local leaders to justify dictatorships and intervene in neighboring countries, while foreign governments, such as Turkey and Israel, have sought to exploit the threat of Islam in Central Asia to strengthen their support from the United States. By contrast, Iran has downplayed the Islamic factor in its foreign policy toward these new republics and as a result has enhanced its relationship with Russia, which seeks to establish its hegemony over the region.     

Paradoxical and double-bind communication in treatment for people who sexually offend

Abstract

At its most fundamental structural level, treatment for people who sexually offend has inherently paradoxical elements. These involve questions about efficacy, the balance of community safety and client autonomy and responsibility for meaningful change. These elements can create further forms of paradoxical and double-bind communication within the treatment experience itself. This paper explores this communication and its potentially harmful effects on clients, therapy and community safety, particularly in light of the schemas, implicit theories and cognitive deficits exhibited by people with histories of sexually offending behaviour. It is intended to suggest topics for consideration in solving clinical dilemmas and preventing harm to therapeutic relationships.     

To be committed or not: examining effects of personal and workplace variables on the organizational commitment of Southern prison staff

This study examined how personal and workplace variables were related to organizational commitment among staff working at a large Southern prison. The personal variables were gender, age, position, tenure, educational level, and supervisory status. The workplace variables were assessment of training, job variety, role clarity, input into decision-making, and instrumental communication. The results indicate workplace variables play a greater role in shaping affective commitment of surveyed Southern prison staff than do personal variables. The personal variables explained only 10% of the variance in the commitment index, while workplace factors accounted for approximately 59% of the variance and were significant determinants of organizational commitment among the respondents. In the multivariate regression analysis, age, assessment of training, job variety, role clarity, input into decision-making, and instrumental communication all had positive associations with commitment. Educational level had a negative relationship with commitment. Implications of these findings for policy and future research are also discussed.     

试论持有的性质与持有型犯罪的特征

持有在法律性质上属于行为,在法律归属上既不属于作为,也不属于不作为,应属于独立的第三行为方式。持有型犯罪与其他类型犯罪相比具有双重法定性、犯罪客体的多样性、认定上的排他性等独特特征。     

担当:一种科层运作的效能转化工具

以形式理性著称的理性官僚制理论上并没有担当的价值空间,但当代中国科层制处于传统、现代、后现代交织的社会转型之中,处于从历史官僚制向理性官僚制对接的转型时期,有必要继承传统伦理精粹,发扬使命型政党的红色力量,以担当的价值理性驾驭官僚机器的形式理性,发挥国家治理制度优势,实现国家治理效能.这就需要实现政策民主化与政策科学化...     

论拐卖妇女罪中被害人承诺的刑法意义

法律只保护值得保护之权利,并且保护权利人人格自由权的价值远远高于干涉被放弃的权利的价值。被害人自愿放弃的利益应当排除在刑法的保护范围之外,在被害人对其能够自由处分的法益作出承诺放弃之时,应当阻却犯罪的成立。拐卖妇女罪所保护的法益是妇女的人身自由权与人格尊严权,所以在被害妇女自愿被拐卖以及拐卖过程中同意发生性行为等情形之下,行为人不应当构成拐卖妇女罪,更不能对其适用奸淫妇女的加重情节。