论地方事务设定的合法性要件

针对地方事务的初次分配(设定),长期由国务院等中央行政机关负责的实践传统不能取代有限制性规定的现行法律。按照这些合法性要件,在设定主体上,全国人大及其常委会和经授权的国务院有权设定地方事务。同时,为适应综合治理的需求,1985年关于经济体制改革的授权决定应及时增补其他领域。在规范形式上,只有宪法、法律与依行政法规程序制定的暂行规定或条例可以胜任;并且要以宪法为依据,以法律为主体,提高人大立法的比重,控制授权立法。在制修程序上,代表团得充分行使提案权,为地方事务的设定发声;“中央和地方协商办事”的治理原则须转化为法定程序,以便地方意见的收集。     

Failed States After 9/11: What Did We Know and What Have We Learned?

This paper addresses the relationship between accumulated knowledge and U.S. policy dealing with failed states and terrorism. The central thesis is threefold: (1) that more was known about the possible linkages between failing states and terrorism than appears in pre-9/11 U.S. policies; (2) that since 9/11 some important realignment of knowledge and practice has occurred, but it remains partial and incomplete; and (3) that new knowledge, especially about the policies to sustain and promote legitimate governance, needs to be generated in order to support an effective grand strategy for addressing the threats and challenges of the twenty-first century. The paper recommends such a grand strategy and, in addition to the required new knowledge, a significant reorganization of the U.S. national security policy-making apparatus. International studies curricula appear well suited for contributing to that new knowledge and the practitioners we require.     

Crime Victimization: Assessing Differences Between Violent and Nonviolent Experiences

Experiencing a criminal victimization is among one of the most stressful human experiences. A cross-sectional study of victims of violent crime and victims of nonviolent crime suggests that there are statistically significant differences in experiences in the initial aftermath of the crime event and a few common effects. This article describes the common effects that are associated with criminal victimization in the context of intense distress and discusses the theoretical implications of well-being in the coping process. One hundred seventy-five victims of violent or nonviolent crime were interviewed. Implications for social work practice and theory and future research are delineated.     

Gender and Gender-Role Orientation Differences on Adolescents' Coping with Peer Stressors

Gender and gender-role orientation differences were explored on adolescents' coping with peer stressors. Eighth-grade and ninth-grade public junior high school students (N = 285) completed the COPE, reporting the strategies they recently used to deal with a stressful peer-related situation. Measures of gender-role orientation (Bem Sex-Role Inventory) and demographic information also were obtained. Factor analysis of the COPE revealed 4 distinct coping factors: active, avoidant, acceptance, and emotion-focused. The most frequently reported stressful event was arguments/fights with same-sex friends. Girls reported more arguments/fights with opposite-sex friends. Boys reported more physical fights and threats. Students' ratings of how much the situation mattered were used as a covariate in a MANCOVA to compare coping by gender and gender-role orientation, to control for perceived stressfulness of situations. Significant gender-role orientation differences were found for active, acceptance, and emotion-focused coping.     

Coping with Concerns: An Exploratory Comparison of Australian,Colombian, German,and Palestinian Adolescents

Consistent with an emphasis on positive psychology, and on ability rather than deficit, this study of adolescents in 4 communities sought to examine how young people cope with their concerns. Samples of Australian, Colombian, German, and Palestinian students completed the general form of the Adolescent Coping Scale, an 80-item instrument used to measure coping. A comparison of young people's usage of 3 coping styles and 18 coping strategies within these communities indicated that Palestinian youth report greater usage of all but three strategies (namely, physical recreation, relaxation, and tension reduction), and German youth report the least usage of 2/3 of the strategies assessed. Both Palestinian and Colombian youth were noted to utilize more seek to belong, focus on the positive, social action, solving the problem, seeking spiritual support, and worry than were German or Australian adolescents. When the relative usage of coping strategies within national settings was considered, some noticeable differences were apparent. For example it was found that regardless of the national setting young people reported most frequent use of working hard and use of problem solving strategies. When it comes to more culturally determined activities such as physical recreation, the Australian and German students ranked this strategy more highly in their coping repertoires than do the Colombians, and more noticeably, the Palestinian students. For example, although physical recreation is ranked as the second most commonly used strategy for the German sample, it is ranked 16th by the Palestinians. The study demonstrates the importance of identifying coping strategies that are reflective of each community under investigation. Similarity in coping cannot be assumed across different student populations. Consequently caution needs to be exercised when importing coping programs from one community to another.     

陷害教唆与侦查圈套的可罚性探讨

陷害教唆与侦查圈套有着天然的伴生关系,但并非所有的侦查圈套都属于陷害教唆之情形。按我国教唆犯二重性的通说,陷害教唆行为应具有可罚性,但侦查圈套并不都具有可罚性。犯意诱惑型侦查圈套行为虽然有目的的正当性为支撑,但其手段的非正当性亦不能排除其可罚性;纯正的机会提供型侦查圈套因不符合教唆犯本质特征,不应受到刑罚的非难;不纯正的机会提供型侦查圈套应当作为刑法中正当化事由加以规定。     

陷害教唆与侦查圈套

陷害教唆与侦查圈套有着天然的伴生关系 ,按我国教唆犯二重性的通说 ,陷害教唆行为应具有可罚性 ,但并非所有类型的侦查圈套都具有可罚性。应根据不同类型作具体分析。     

公民权益保障建设研究

城市化进程的急速推进,打破了传统社会的利益格局,社会大转型引发了众多的社会问题,导致涉诉信访问题层出不穷。研究和解决公民合理的利益诉求表达、协调各方利益、畅通公民权益保障渠道建设尤为重要。本文从大连地区社会不稳定因素产生的原因入手,针对当前公民权益保障中存在的问题提出领导干部应提高认识,转变观念,树立公民权利至上理念,多方拓展保障公民合法权益的途径,使维权维稳工作健康有序。     

试论工会干部应对突发事件的能力提升

突发事件是指在一定区域内突然发生的,规模较大且对社会产生广泛负面影响的,对公众生命和财产构成严重威胁的事件和灾难。在应对突发事件的过程中,工会组织要正确定位与党委、政府、企事业行政的关系,工会干部要努力提升应对突发事件的能力。     

Resilience in the Face of Adversity: African Immigrants' Mental Health Needs and the American Transition

The aims of this qualitative study were to explore key sources of emotional distress and coping strategies among West African immigrants. Thirty-eight adult West African immigrants participated in six semistructured, open-ended focus group sessions. Focus group data were analyzed using a grounded theory approach. While participants reported high levels of psychological distress associated with racial/cultural discrimination, intimate partner violence, parenting, extended-family demands, and problematic immigration status, they demonstrated resilience and the ability to identify a range of coping strategies that draw on their cultural heritage. Only two of the participants reported having used psychological services; both outcomes were negative. The findings of this study are considered in terms of their clinical implications.