试论悬赏广告的法律性质

悬赏广告的法律性质,历来有契约说和单独行为说两种不同的学说,本文试从各国立法的比较研究为视角,对悬赏广告的法律性质进行了细致的梳理,并阐述采单独行为说的理由。     

论我国的法人人格否认制度

法人人格否认的本质是通过否定特定法律关系中的法人特性,追究法人人格滥用人的法律责任,以维护法律的公平正义。法人人格否认的适用条件:一要有滥用法人人格的行为存在,二要造成实际的民事损害,三是法人人格滥用行为与实际民事损害之间存在因果关系。至于法人人格滥用行为人的主观心理状态可以在所不问。法人人格否认的民事责任应具体情况具体分析。我国现阶段尚未确立完整的法人人格否认制度,对于我国现行法律法规中有规定的,可以直接援用;对于我国现行法律法规没有规定而又需要否认法人人格的,可以直接援用诚实信用原则。     

When Loving Means Hurting: An Exploration of Attachment and Intimate Abuse In a Community Sample

Intimate relationship abuse can be understood by considering two critical tenets of attachment. First, attachment fulfills a basic need for survival. Thus, the tenacity of the attachment bond is independent of relationship quality. Second, individuals whose attachment needs have been frustrated may strike out violently to regain proximity to the perceived loss of an intimate partner. We examined how individual differences in attachment were associated with women's and men's relationship abuse. A telephone survey assessed levels of psychological and physical abuse in 1249 Vancouver residents. Of these, 128 completed an attachment interview exploring their interpersonal relationships. Hierarchical regressions revealed that attachment variables contributed significant variance to prediction of both receipt and perpetration of psychological and physical abuse, with preoccupied attachment acting as an independent predictor. There was no evidence that gender moderated these associations. The findings suggest that attachment preoccupation in either partner may increase likelihood of abuse in couples.     

台湾“立委”选举中的配票行为研究——以2004年第六届“立委”选举为例

配票行为是台湾复数选区制度下特有的选举行为.配票的方式多种多样,但是配票的成功是有条件的.2004年"立委"选举,台湾蓝绿两大阵营均把席位过半作为选举的主要目标,为此,泛蓝和泛绿两大阵营均进行了大规模的配票操作,成为影响选举结果的重要因素.     

Does Body Image Play a Role in Risky Sexual Behavior and Attitudes?

Body image and sexuality, both physically-oriented domains of the self, are likely linked, but few studies have examined their associations. In the present investigation, we studied emerging adult undergraduates (ages 17–19), focusing specifically on risky sexual behaviors and attitudes. Participants (N=434) completed a survey on body image, lifetime sexual behavior, sexual double standard attitudes, and attitudes about condoms. Males who evaluated their appearance more positively and who were more oriented toward their appearance were more likely to report risky sexual behavior, yet females who evaluated their appearance more positively were less likely to report risky sexual behavior. For most sexual attitudes, patterns did not differ by gender. Individuals who were more oriented toward their appearance believed more in the sexual double standard, and those who had more positive evaluations of their appearance perceived fewer barriers to using condoms. Intervention implications are discussed.An earlier version of this paper was presented at the 2003 Emerging Adulthood Conference, Boston, MA.Doctoral candidate in the Department of Human Development and Family Studies at the Pennsylvania State University. Her research interests include body image, sexuality, and gender in adolescence and emerging adulthood.Associate Professor in the Department of Human Development and Family Studies at the Pennsylvania State University. She received her PhD in developmental psychology from the University of California, Los Angeles. Her research interests include sexuality, interpersonal relationships, and gender role development during adolescence and emerging adulthood.Doctoral candidate in the Department of Human Development and Family Studies at the Pennsylvania State University. Her research interests include gender, adolescent development, and family relationships     

Heterogeneity of Girls’ Consensual Popularity: Academic and Interpersonal Behavioral Profiles

The present study explored the heterogeneous nature of popularity by investigating subgroups of popular girls (N = 365) in their first year of secondary school (mean age  =  13.05). Cluster analysis revealed the presence of five subgroups based upon sociometric popularity (i.e., those considered likeable by peers) and consensual popularity (i.e., those considered popular by peers), and academic behavioral indices. Two of these groups contained girls who were all nominated as “popular” by classmates, yet the girls in one group displayed very positive academic behaviors (Popular Studious); girls in the other popular group displayed extreme antiacademic behaviors (Popular Disengaged). The remaining groups were Average Popular, Unpopular Disengaged, and Unpopular Studious. External validating measures confirmed the existence of the subgroups, that is, Popular Studious girls were judged by classmates to behave in a prosocial fashion, whereas Popular Disengaged girls exhibited many antisocial behaviors, and were often nominated as bullies. Unpopular Studious girls were often nominated as victims. These findings confirmed the hypothesis that consensual popularity is a heterogeneous concept, and that antiacademic and antisocial girls may still be among the most consensually popular students in secondary schools.Lecturer at the Department of Educational Sciences, University of Amsterdam, Wibautstraat 4, 1091 GM Amsterdam, The Netherlands. His interests include the academic and social behavioral correlates of consensual popularity in adolescence.Associate Professor and Head of Developmental Division, Department of Psychology, University of Connecticut. His interests include peer relations, social behavior, and social cognition in middle childhood and early adolescence.     

Middle School Aggression and Subsequent Intimate Partner Physical Violence

This study examined the relationship between middle-school aggressive behaviors and young adults’ experiences as victims and perpetrators of intimate partner physical violence. As part of the Reach for Health longitudinal study, surveys were conducted with 977 8th graders who were resurveyed as young adults, when lifetime partner violence was assessed. In this economically disadvantaged sample, the prevalence of middle-school aggression and subsequent partner violence are high among both males and females. In middle school, 32% of girls and 42% of boys reported being in a recent fight and 12% of girls and 17% of boys had threatened another with a weapon. By the time they were 19–20 years old, about 35% of females and males reported being the victims of one or more forms of partner violence; 35% of females and 22% of males reported one or more forms of perpetration. Controlling for socio-demographic characteristics, middle-school aggression is a significant risk factor for partner victimization and perpetration. Early aggression remains an independent predictor of partner violence perpetration and victimization for males and perpetration for females when other middle-school risk behaviors and exposures to physical aggression in the childhood home are taken into account. To reduce partner violence through young adulthood, findings suggest the importance of early interventions that help adolescents learn non-violent strategies for resolving conflicts in cross-gender relationships.Principal Investigator for the study.Co-Principal Investigator and Senior Methodologist.Responsible for developing the survey instrument.Responsible for pilot testing the survey instrument and overseeing field operations.Responsible for data management and conducted statistical analyses.Responsible for convening the Community Advisory Board and developing the survey instrument.     

论寻衅滋事治安违法行为

新颁布的《治安管理处罚法》规定了寻衅滋事治安违法行为。与《治安管理处罚条例》的规定相比,新法对寻衅滋事行为作了更为科学、合理的修改、补充。文章主要探讨寻衅滋事治安违法行为的客体特征、客观方面以及与刑法中寻衅滋事罪的区别,由此加深对治安违法行为的认识。     

构建和谐海西与新型行政行为法律体系

政府职能及其行为方式成为当前我省建设海峡西岸经济区过程中一个突出的"题域".构建新型行政行为法律体系来规范政府行政行为和行政程序,是提高政府生产力的必由之路,也是构建和谐海西的前提基础.突出福建沿海和对台区位优势,依据合法性、可行性和人权的尺度为标准来完善行政行为法律体系,既是建立服务型政府的客观需要,又是"筑巢引凤"、构建和谐海西的的必然要求.     

论道路交通参与主体安全行为塑造

首先分析了我国道路交通安全所面临的严峻形势以及人的因素在事故形成中所占据的重要地位,然后分析了基于行为塑造理论的道路交通参与主体安全行为改善的理论基础,最后提出了道路交通参与主体安全行为塑造的途径.