海外中国公民安全问题与国籍国的保护

海外中国公民的安全问题已越来越引起人们的关注,而对其中所牵涉到的管辖权以及中国作为国籍国的保护等问题也是众说纷纭。本文以此为导引,围绕外国人的管辖、外国人的待遇、外交和领事保护等基本问题,从国际法和国内法两个不同的角度展开了全面而深入的分析。外国人合法权益的维护和保障必须按照国际法和国内法,并依靠国际社会的广泛合作才能取得良好的效果。     

Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.     

MCMI Results for Batterers: A Response to Gondolf

Gondolph [Gondolf, E. W. (1999). J. Fam. Violence 14: 1–17] recently published MCMI-III results on men in batterer treatment groups that appeared to indicate much lower levels of psychopathology than previous studies. Gondolph concluded from these results that the existence of an abusive personality was debatable. Gondolph is mistaken in drawing conclusions about the abusive personality based solely on MCMI results. The assessment of the abusive personality is not based on this instrument. Also, respondents in Gondolph's study had extremely high Desirability scores on the MCMI-III, so even his estimates of the incidence of personality disorder are questionable. Current assessment of personality disorder has begun to steer away from self-report instruments such as the MCMI-III; this practice should be utilized in assessing batterers.     

Injuries and Health Care Use in Women with Partners in Batterer Intervention Programs

Objective:To characterize injury frequency, injury patterns, and health care seeking behavior in women with intimate partners enrolled in batterer intervention programs. Methods: A standardized telephone interview was conducted on a sample of women with male partners enrolled in batterer intervention programs in four U.S. cities. Information on prior injuries and the utilization of health care services was sought. Results: Four hundred and eighty eight of the 648 women (75.3%) reported a history of prior injury as a result of abuse. Contusions were the most common injury. Of the women reporting contusions, 233 (51.4%) reported contusions as their only injuries. Another 220 women (48.6%) reported other injuries in addition to contusions. In the majority of cases (63.2%) the contusions were to multiple body parts. When the contusion involved only one anatomical region, it was mostly to the face. A total of 192 of the 488 injured women (39.3%) reported ever seeking medical care for injuries caused by their intimate partner. Twenty-three women (4.7% of the injured cohort or 3.5% of the total cohort) reported having ever been hospitalized for injuries sustained from abuse.     

经济全球化条件下的国企改革与发展

中国加入WTO标志着中国经济融入了国际主流经济,这将加快我国国有企业市场化改革的进程。国有企业在现代市场经济条件下有着特殊的职能、任务和特殊的利益,具有不可替代的特殊作用。但加入WTO后,对国有企业原有的优势造成了巨大的冲击。我国国有企业在经济全球化条件下,要加快战略调整,加快建立现代企业制度,培养一批具有国际竞争力的跨国公司。     

网络诱致突发事件:概念、特征和处置

近年来网络诱致突发事件已成为政府应急管理实践中的重要课题。本文主要基于该类事件的本质特征,提出了网络诱致突发事件的概念,分析了其生成机理。在此基础上总结了目前该类事件应急处置中的几种消极行为模式及其处置困境,提出了提高该类事件应急处置能力的建议。     

Drug Abuse and Partner Violence among Women in Methadone Treatment

This study aims to (1) describe rates of lifetime and current partner abuse among women on methadone; (2) examine the relationship between partner violence and demographics, substance abuse, and drug risk behaviors; and (3) explore the association between a victim's current use of crack/cocaine, heroin, marijuana, and drug risk behavior after controlling for demographics, household composition, history of victimization and sex trading. Approximately three-fourths of the women ever experienced physical, sexual, or life-threatening abuse and slightly less than one-third experienced at least one type of abuse during the previous year. A history of childhood victimization was reported by more than half of the women and one-third witnessed her mother being abused. Risk of partner violence was associated with victim's current drug and alcohol use, visiting shooting galleries, and living with someone with drug or alcohol problems. The study discusses the implications of the findings for research and intervention.     

谈国民待遇原则与外国人在华的法律援助

2 0 0 3年 9月 1日施行的《法律援助条例》是我国走向文明与法治社会的重要一步 ,但该条例对在华外国人是否适用法律援助没有明确规定 ,笔者从WTO的国民待遇原则以及其他法律的有关原则和规定 ,谈该条例对在华外国人有条件适用的问题。     

The Personality Assessment Inventory (PAI): Treatment Scales and Interpersonal Characteristics in a Sample of Men Charged with or Convicted of a Sexual Offense*

An individual's interpersonal features are pertinent to treatment within clinical populations. The Personality Assessment Inventory (PAI) contains two scales that assess the interpersonal features of warmth (WRM) and dominance (DOM), as well as two additional measures to assess to treatment prediction, process, and rejection (RXR; TPI). The current study examined associations between these PAI scales in a sample of 92 men who underwent comprehensive evaluations of sexual behavior after being charged with or convicted of a sexual offense. Analyses indicated that RXR was positively associated with WRM and DOM, TPI was negatively associated with WRM, and the two interpersonal scales of WRM and DOM were positively correlated with each other. A significant inverse relationship was found between the two treatment scales RXR and TPI indicating that motivation for treatment may have a limited relationship with the treatment process. WRM significantly predicted scores on the TPI, and both WRM and DOM predicted individual scores on RXR. Higher scores on positive impression management (PIM) were predictive of lower TPI and higher RXR, as individuals with higher stakes cases may score higher on PIM and underreport obstacles within treatment or be unwilling to accept the need for treatment. Overall, findings suggest that interpersonal characteristics identified by the PAI scales may be advantageous in approaching treatment within this population.     

Sustained Outcomes? an Exploratory Study of Juvenile Drug Courts and Long-Term Recidivism

This exploratory study examined juvenile drug courts’ effect on adulthood recidivism. Utilizing a twelve-year average follow up time, adult recidivism rates were compared between previous juvenile drug court participants and a comparison group of juveniles who participated in traditional probation. Linear regression models indicated limited recidivism effects of drug court on arrests or convictions into adulthood. The findings suggest that gender and race may play a role in how justice-involved juveniles interact and experience juvenile drug court, highlighting the need for gender-responsive and culturally responsive policies, practices, and programs within juvenile drug courts. Recommendations are made regarding future research areas and ways to potentially improve long-term juvenile drug court outcomes.