群体纠纷诉讼解决的公益性脉络及逻辑

群体纠纷公益性并不简单地体现在参与主体的多数上,而在于它影响社会的广度和深度。群体纠纷系争实体利益的属性,决定了它适用诉讼程序解决的逻辑,而诉讼程序解决群体纠纷,一方面表明了纠纷主体对于国家法律程序的认可和尊重,同时亦表明了社会所设立的纠纷解决机制运转的正常。     

Ⅰ群禽腺病毒抗体间接hexon-ELISA检测方法的建立

为建立一种检测Ⅰ群禽腺病毒(FAVⅠ)抗体的间接ELISA方法,以FAVⅠhexon重组蛋白作为包被抗原,优化反应条件,建立了FAVⅠ抗体间接hexon-ELISA检测方法。抗原最佳包被浓度为10.0μg/mL,最适包被条件为37℃2h加4℃过夜;最佳封闭液为50g/L脱脂乳;血清最佳稀释度为1∶100,最佳作用时间为75min;酶标二抗最佳工作浓度为1∶2 000,最佳作用时间为45min;hexon-ELISA阴性、阳性临界值为0.379。用建立的hexon-ELISA方法检测100份鸡血清样品,阳性率为45%。结果表明,建立的hexon-ELISA方法简便、快捷,可大批量检测,具有良好的特异性、敏感性和重复性,适用于FAVⅠ的诊断、抗体水平监测及流行病学调查。     

公民健康权利与义务立法研究——兼评《基本医疗卫生与健康促进法(草案)》第2章

综观世界各国的立法实践,公民健康权利与义务大致呈现出单独式、专章或专节式、分散式三种立法模式。在立法内容上各国更为侧重确立和保护公民健康权利,对公民健康义务的规定则相对粗疏简略,除医疗服务获得权、知情同意权、隐私权与尊重医务人员及他人的义务、支付医疗费用的义务等部分权利、义务类型没有较大争议之外,各国均保有较大的差异性。我国应当系统整理现有医疗卫生立法及其他相关法律文件,将公民健康权利与义务协调规定在未来的民法典和"基本医疗卫生与健康促进法"之中,同时借鉴国外的先进经验,增设投诉权、病历查阅权和复制权以及爱惜健康、支付医疗费用、遵守医疗机构规章制度等权利与义务,并对儿童等特殊群体提供特别保护。     

工会参与群体劳动争议处理的法律保障

群体劳动争议因其争议主体的集体性和组织性、争议内容的多元性和争议手段的集体对抗性而内在地需要工会作为劳方代表参与争议解决。然而,在行政主导的争议处理机制下,忽视了规范化的制度建设,工会的角色定位不明晰,再加上工会自身存在较大缺陷,集体劳动关系协调机制与群体劳动争议解决机制不衔接,造成了工会难以参与群体劳动争议处理的困境。因此,需要完善相关制度,确立三方机制的处理方式,明确工会在群体劳动争议处理中的法律地位,制定工会参与的具体形式、条件和程序,克服工会自身缺陷,构建群体劳动争议解决机制与集体劳动关系协调机制对接制度。     

Effects of judicial instructions and juror characteristics on interpretations of beyond reasonable doubt

The standard of proof, beyond reasonable doubt (BRD), serves as a threshold for reaching verdicts in criminal cases. Past research has demonstrated that factors such as the wording of judicial instructions defining the standard can influence people's interpretation of it. In addition, there is some concern that instructions may not be effective for the wider jury-eligible population. In an experimental study involving members of the general public, we examined the effect of two commonly used judicial instructions (i.e. sure and firmly convinced) against a situation when BRD was undefined, on people's quantitative interpretations of BRD as well as on their self-reported understanding of the standard and confidence in applying it. We also explored the effect of juror characteristics (i.e. gender, age and education). Compared to when the standard was undefined, the sure instruction helped to reduce inter-individual variability in interpretations of BRD and the firmly convinced instruction increased people's understanding of the standard. However, neither instruction was effective in increasing confidence in applying the standard or in reducing observed individual differences. These findings underscore the importance of developing evidence-based judicial instructions that can benefit the broad jury-eligible population equally and in a variety of ways.     

Race,Ethnicity and the Risk of Homicide Victimization in the United States

Abstract

Linked data from the National Health Interview Surveys and Multiple Causes of Death Use Files are used to estimate the individual level effects of race and ethnicity, and relevant controls on homicide mortality. African American and Hispanic race/ethnicity are found to be leading factors in homicide victimization. Following some previous work this research also finds that the gap between white and minority homicide victimization is attenuated but not explained by SES, contextual and marital status variables. It is hypothesized that the experience and perception of racism, and the frustration, anger and resentment that result produce an ideological climate that sustains high levels of violence among minority members beyond what concentration of disadvantage variables predict.     

Political Marketing Research in the 2000 U.S. Election

Abstract

It is not news that polls and other forms of marketing research are regularly employed to craft political strategy. What is new is that the 2000 U.S. election represented a turning point where political marketing research seems to take center stage. The print and broadcast media employed polls and other forms of research at levels far beyond anything ever seen before. At times, it appeared as if almost as much attention was being given to polls as was being given to the political candidates and the issues. This was clearly a new and important posturing of the role of political marketing research. With this as a backdrop, the current article compares polls and other forms of political research-focusing on what went wrong and what was right in terms of the use of polls, focus groups and Internet research during the 2000 U.S. election. The article ends with the presentation of some exploratory research that examines insights about respondents' opinions regarding the impact of political polls.     

Civic Involvement and Modernization

Abstract

This paper investigates how broad processes of modernization affect individuals' relations to the civil sphere. It first introduces a model of civic involvement as a system of expectations between participants and associations. Next, the issue of change is explored. It is argued that recent social transformations, such as individualization, globalization and technology changes, undermine classic notions of civil society participation. Old types of involvement vanish, while new ones emerge. We investigate in more detail how macro-changes affect three core models of civic involvement: as a member, a volunteer and a citizen. Each model holds particular relations between adherents and associations. The conventional understanding of each model is examined in the light of ongoing processes of dis- and re-embedment of civic involvement. The paper is based on secondary analyses of literature concerned with the issue of change within the civic field. The findings can be summarized in four points. First, we observe a shift from face-to-face interaction in long-lasting civic groups towards mediated interaction within networks in flux. Falling rates of participation seem to be followed by new types outside traditional measures of civic engagement. Secondly, individuals seem to move from value-based to consumer-based relations within the civic sphere. Associations, on her hand, increasingly present her activities as ‘products’. This means that civic engagement, more often than before, is mediated in ways usually associated with the for-profit market. Thirdly, civic engagement is shifting from diffuse horizontal involvement to centrally coordinated activities. ‘Amateurism’ gradually becomes replaced by professional standards, administered by staff-led bodies, in close connection with central authorities. As a fourth conclusion, we observe a shift from an engagement mediated by associations to a direct involvement, or engagement mediated by structures that usually are not defined as civic ones.     

铭记共青团组织的政治属性做好团员青年的思想政治工作

政治性是共青团有别于工会和妇联等一般群众性社会组织的根本属性,是共青团的立团之本。做好团员青年的思想政治工作是共青团组织政治性的必然要求。团员意识是团的政治属性的集中体现,应当成为共青团思想政治工作的着力点。