WTO体制内国内法的可诉性问题

在一般国际法理论与实践中,国内法本身可以单独构成国际争端解决程序的诉因。WTO体制内国内法可诉的法律依据是GATT1994第23条、DSU第3.8条以及《WTO协定》第16.4条。在WTO争端解决实践中,专家组和上诉机构的裁决呈现出一个重要的趋势:在美国“301条款”案前,遵循GATT1947时期专家组所确立的“裁量性立法与强制性立法之区分”的习惯性做法;在美国“301条款”案后,不再严格遵循这一习惯性做法。WTO体制内国内法之可诉性问题目前尚没有一个统一、明确的答案。     

Evaluation of a Health Care Provider Training Program to Identify and Help Partner Violence Victims

This study tested four hypotheses about the impact of a 3-h domestic violence training program with 752 health care providers on attitudes and values related to screening and helping partner violence victims. Hypotheses 1, 2, and 3 were that training would be related to: 1) increased self-efficacy to identify and help partner violence victims, 2) increased endorsement of the role of health care providers and settings for helping partner violence victims, and 3) increased comfort making appropriate community referrals to help partner violence victims. Hypothesis 4 was that training effects would be moderated by prior training and by prior experience with helping a victim. Following training, health care providers reported increased self-efficacy, increased comfort making appropriate community referrals, and increased valuation of health care providers and the health care system as having an important role in stopping domestic violence. Hypothesis 4 was also supported. Prior training and/or experience with an abuse victim predicted smaller changes in the dependent variables. These gains held at a 6-month follow-up. Implications for training curriculum design are discussed, in addition to institutional policy implications for determining the benefits versus costs of universal training, including staff who demonstrate prior training or experience with battered victims. Study limitations and future research directions, including the need to measure performance and policy compliance will also be outlined.     

可操作性家庭暴力概念入法之理由分析

家庭暴力在古代社会体现的是男性家长的特权和权威,通过家礼由家长在家庭内部自行解决。由于当代社会男女两性平等和人权理念的影响颇深,人们已经意识到家庭暴力并非家庭内部纠纷,而是侵犯人权的社会问题,仅靠道德是无法解决的。同时,家庭暴力是世界范围内普遍存在的问题,因此,从国际公约禁止针对妇女的暴力开始,到目前为止已有40余个国家颁布了反家庭暴力法。我国2001年修订的《婚姻法》虽然明确规定"禁止家庭暴力,"可并未给予定义;随后《最高人民法院关于适用〈婚姻法〉若干问题解释(一)》虽对"家庭暴力"给予定义,但与国际公约等法律文件相比其先天存在许多不足。这不仅削弱了反家庭暴力的力度,而且也不利于保护受害者的权利。可操作性概念入法尤为必要。     

The New Chum girl: Upending Colonial Clichés in Lilian Turner's Emigration Novel

This essay analyses Lilian Turner's Three New Chum Girls (1910) to show how settler authors played with colonial clichés as part of a critical reaction to shifting imperialist and nationalist ideologies at the turn of the century. In particular, Turner redefines the derogatory colonial term “new chum”—commonly used to describe a recent emigrant in the settler colonies—to suggest what the welcome of new arrivals ought to be like. Yet if her deliberate reworking of stereotypes consequently contains an element of wish-fulfilment, the narrative also offers a startlingly stark portrayal of settler life. Emigration, Turner contends in the novel, is neither easy nor a solution to problems at home. Nor does settler Australia provide a convenient space for fortune-seeking sojourns. Turner thus dismantles two clusters of common clichés: emigration as a pat ending in fiction and settlers' return to the homeland as an equally expedient plot twist. The self-irony that runs through much of her intertextual rewriting of both metropolitan fiction and male-coded settler writing reveals how emigration and return were being imagined and written about differently in the settler colonies and how Turner was utilising the exposure of false expectations to promote her vision of a welcoming settler community.     

Under the radar: policing non-violent domestic abuse in the US and UK

Physical violence is but one of many tools that may be used to gain greater power within intimate relationships, yet the legal response has been critiqued for failing to recognise and respond to the full spectrum of abusive behaviours, such as coercive control. Using a sample of police officers from the United States (US) and the United Kingdom (UK), the current study utilises hypothetical vignettes to assess police officers’ perceptions of domestic abuse, including those incidents that are not necessarily physically violent, but involve stalking and other coercive, controlling behaviours that are harmful and require intervention. Within- and between-country similarities and differences were analysed. Findings revealed that the majority of officers in both countries possessed a good level of understanding of domestic abuse and how they should respond to it – amidst and beyond the physical violence. However, our analysis of both quantitative and qualitative data also showed that the use of physical violence is at the forefront of many officers’ expectations about domestic abuse, and that when physical violence is absent, the police response is less proactive. Our study finds some support for the idea that non-physical abuse does go “under the radar” to some extent for some officers, and that this is more the case for American officers than their British counterparts. Findings are discussed in terms of context of the research sites and implications for policy, practice and future research.     

The police patrols and children experiencing domestic violence

Using data from a study on police officers’ encounters with domestic violence victims and a study on children experiencing domestic violence, this article examines how officers decide whether and how to communicate with children in emergency situations, and how children experience these encounters. Officers’ views on such communication diverge; usually, communication is motivated by the need to determine next actions. Children recall little communication and describe officers as faceless, nameless and genderless. The authors argue for recognizing the preventive role of officers on emergency calls. Official policies and guidelines should formally acknowledge and clarify the importance of communication with children.     

创新发展思路，实现我国经济社会可持续发展

2010年要根据中共中央经济工作会议的总体部署，继续坚持创新驱动、内生增长、调整结构、扩大内需的发展思路。在保持总量增长与提高质量上要更加注重质量，在保持增长速度与提高效益上更加注重效益，大力促进经济结构调整和发展方式转变，从而继续保持我国经济持续平稳较快发展。具体建议是：一、立足国情，积极应对全球气候变化；二、着力调整结构，大力培育发展战略性新兴产业；三、改善民生，扩大内需，促进经济社会和谐发展。     

Needs Assessment and Services for Drug-Abusing Women Offenders

The debate over the abortion law resurfaced in Italy in 1988 after seven years of silence. Unlike the debate in 1981, in 1988 the feminist front was more diversified and abortion was discussed in ethical terms rather than in social and political terms. This paper describes and discusses the current debate on abortion by making reference mainly to the feminists' positions.     

内国综合自由贸易区的构建与立法指导原则考

在全球经济自由化和区域经济一体化的浪潮下，冲破经济的藩篱，推动现有形式各异的自由贸易区向着综合性自由贸易区方向发展已成当今世界各国或地区发展经济与自由贸易的重要思路与途径。结合我国“长三角”、“珠三角”、“环渤海经济区”和“台海经济圈”等区域经济的发展，中部的崛起、西部的大开发和东北老工业基地的振兴等问题，对内国综合自由贸易区的构建与立法原则展开了探讨。