WT0的理解与经济法改革

中国加入WTO,无论是对国际经济秩序还是国内经济秩序的发展都是一件重大事件。加入WTO要用尽WTO的权利才能尽最大可能促进我国的社会主义市场化改革的进行。而应对WTO挑战和抓住机遇的基础是对WTO有一个正确的认识。本文分析了对WTO的认识及国内经济法改革的必要性,并提出了相应的对策。     

SPARE THE CHILD AND HIT THE POCKET: TOWARD A JURISPRUDENCE ON DOMESTIC ABUSE AS A QUANTUM FACTOR IN FINANCIAL OUTCOMES ON RELATIONSHIP BREAKDOWN

Should domestic abuse, rightly condemned so often by the family courts, be a factor in the financial outcome on relationship breakdown? If so, how should it be taken into account? As a pure factor of economic loss? As part of either negative contribution by one or the greater positive contribution by the other? Only if exceptional violence? Or as part of society's condemnation of domestic abuse? What difference is there between abuse which has a direct financial impact, for example, on future earning or needs and abuse which has no obvious outward financial impact? If there were to be any compensatory element, how does this fit in with other quantum factors? This article looks at developments on this issue in a number of countries, to share lessons learned, consider some of the problems of introducing abuse as a quantum factor, and start to consider a jurisprudence on when it is and is not appropriate as a factor, with a view to encouraging a wider debate.     

Sociostructural Considerations of Domestic Femicide

Previous research on the domestic murder of women is relatively scant. Domestic femicide data collected from 32 state domestic violence coalitions was regressed on variables associated with three theoretical explanations: economic stress and inequality variables, criminal justice variables, and community variables. Findings suggest that state size has the largest impact on the number of domestic femicides, perhaps because of the relationship between state size and other variables such as poverty and public services. Not related to domestic femicide are variables such as the number of officers on the street, the number of violent crimes, or household income.     

Effects of Family Violence on Child Behavior and Health During Early Childhood

Looking at families where children have been abused/neglected in early childhood, this study examined measures of child behavior and health to see if they tended to be worse when domestic violence is or has been present in a family. Further, caregiver and family characteristics as well as other case factors were examined, as possible moderators or mediators of the effects of domestic violence. Results indicate that domestic violence, of the type and severity occurring in our sample, does not have a direct effect on child outcomes by Age 6, when other associated variables are taken into account, but has considerable indirect effects. There is a pronounced impact of domestic violence on family functioning, the caregiver's general health and well being, and the quality of the caregiver's interaction with the child, which in turn are significantly associated with decrements of child functioning related to behavior problems and health. Some implications of this study for research in the area of domestic violence and child maltreatment are discussed.     

Predicting the Use of Different Conflict Tactics Among Arab Siblings in Israel: A Study Based On Social Learning Theory

The article presents a study conducted among 832 Arab adolescents from Israel, in an attempt to predict their use of different tactics (i.e., reasoning, verbal abuse, and physical violence) to resolve conflicts with siblings from the perspective of social learning theory. Different forms of the CT Scales were utilized to elicit information on Arab adolescents' exposure to and experience with different conflict tactics in their families of origin, as well as on their use of such tactics with siblings. Results indicate that the more they witnessed reasoning in their families of origin, the greater the likelihood that they would use the same tactic to resolve conflicts with their siblings. At the same time, the more they witnessed or experienced verbal abuse and physical violence, the greater their use of verbal and physical violence against their siblings. A detailed discussion of different patterns of violence in Arab families as reported by the adolescents is presented, and several implications of the study are addressed.     

PROTECTING CHILDREN WHO WITNESS DOMESTIC VIOLENCE

This article argues that the Nicholson v. Williams case was decided wrongly because it does not adequately protect the interests and welfare of children who witness domestic violence. It contends that the legal system must do more to ensure the well-being of children who witness domestic violence before permitting them to remain in the custody of their mothers who were living in violent relationships. The article does not support the notion that victims of domestic violence should be prosecuted for failure to protect or child abuse but argues that evidence reveals how detrimental witnessing domestic violence is on a child and that this necessitates the need for stricter measures to be taken to protect children from this danger.     

中国粮食安全国内法保障研究

粮食安全不仅是国家安全的重要组成部分,而且是发展国民经济与构建和谐社会的根本物质基础。为维护粮食安全,中国必须采取、完善包括技术、经济、行政、法律等多方面的保障手段和措施。基于此,中国必须针对粮食安全国内法保障目前所存缺陷,采取切实有效措施建立健全粮食安全国内法保障。第一,高度重视粮食安全及粮食安全国内法保障工作,加强粮食安全国内法保障理论研究,切实把建立健全粮食安全国内法保障作为当前重要任务来抓;第二,重新定位粮食安全国内法保障指导思想,将科学发展观与粮食安全观彻底贯彻于粮食安全国内法保障中;第三,恰当确定粮食安全国内法保障目标,合理界定粮食安全国内法保障原则,优化粮食安全国内法保障框架;第四,抓紧制定与完善粮食安全立法规划,集合中央与地方力量建立健全粮食安全国内法保障;第五,严格粮食安全行政执法,加强粮食安全行政执法监督,确保粮食安全法律制度得以正确实施。     

无法分隔的公私领域--以下岗女性为例看职业地位和家庭地位的交织关系

传统理论将家庭视为独立于政治和经济等"公领域"之外的私人领域,是一个整体和独立的研究单位.女权主义者则认为家庭中的男性统治是广大的男性权力的一部分.通过对4位下岗女性的分析,本文力图揭示,在中国城市家庭中,女性的家庭地位和职业地位有着种种密切的联系.一方面,女性的家庭地位并不是凭空而来,它和其他领域,尤其是职业领域的发展紧密相联.另一方面,女性的较高家庭地位具有一定的意识形态作用,对女性的发展和劳动性别分工有较强的建构作用.     

新形势下邪教的特点、趋势与防范策略

随着我们与邪教斗争的不断深入，邪教组织也根据形势的变化不断改变和调整其活动方式和策略．因此，新形势下邪教的活动出现了一些与以往有所不同的新特点。关注邪教活动的新特点，预测邪教活动发展趋势，研究与邪教斗争的方法与策略，是取得与邪教斗争的最后胜利的重要保证。     

反对家庭暴力保护妇女合法权益——从完善妇女社会保障的角度审视

家庭暴力危害受害人的身心健康，危及社会的安定和谐。家庭暴力发生于有血缘、婚姻、收养关系生活在一起的家庭成员间，但妇女受丈夫的暴力侵害是最普遍的，她们受到的身心伤害也最大，家庭暴力尤其指丈夫对妻子施暴。鉴于我国家庭暴力的相关立法不完备和可操作性不强，应完善相关立法，充分利用现有的法律框架意识，执法部门分工合作，加大打击力度，建立长效维权机制，构建多层次社会防治体系。为预防和消除暴力侵害妇女现象，全社会应树立维护妇女权益的意识，国家应加强相关立法和执法力度。更为重要的是，防治对妇女的家庭暴力是一个社会系统工程，需要各方面协调配合，综合治理。