同性婚姻与我国区际私法中的公共秩序保留

目前国际社会中同性同居者争取合法地位的运动已经在一些国家或地区取得成功.各国面临是否承认外国或外法域同性同居关系的局面.随着我国对外开放的深入,我国法院将来也会面临这些问题.如果一概拒绝承认基于外法域法律成立的同性同居关系,可能不利于保护依附该关系而成立的其他民事法律关系,因此,应当区分不同情况.区际私法中尤其需要慎用公共秩序保留制度,当同性同居关系仅仅是作为其他问题的先决问题时,我国大陆法院可考虑适当承认该关系的有效性.     

How Surrogate Impact Panels Function in the Context of Intimate Partner Violence: A Mixed-Methods Study

ABSTRACT

Intimate partner violence (IPV) continues to be an urgent social problem, despite decades of intervention and prevention efforts. Restorative justice programs (e.g., victim impact panels) may be a useful addition to intimate partner violence (IPV) intervention, but it is unclear how these panels operate and to what extent they are consistent with restorative justice models. This naturalistic study of IPV surrogate impact panels used ethnographic observation of panels (n = 18), archival analysis of audience responses to the panel (N = 287), and focus groups and interviews (k = 4) with IPV survivors, an audience member, and batterer intervention providers to investigate these gaps. Findings suggest the panels manifest interactional processes consistent with restorative justice principles. Implications, limitations, and future aims of research on these panels are discussed.     

有限合伙章程比较研究

有限合伙在美国风险投资中取得的巨大成功 ,使得近年来我国建立有限合伙制度的呼声愈来愈高。国内相继有关于有限合伙的地方规章出台。通过对依地方规章成立的有限合伙的章程与公司、一般合伙的相关章程规定 ,以及不同地方规章的不同规定的比较研究 ,认为 :在有限合伙中 ,应该允许法人成为普通合伙人 ,并对合伙人数量做出限制 ;取消对于出资额及出资形式的限制 ;对合伙人的权利义务作出明确规定 ;对有限合伙组织的运作进行特殊限制 ;在章程中具体约定有限合伙的解散与公司化转化等。并指出地方规章这种立法形式的不足之处 ,对这种地方规章超越法律的做法提出质疑     

论同性婚姻合法化

随着医学、伦理学和社会学对同性恋现象的深入研究,对同性恋者婚姻家庭权利予以法律保障的全球化立法运动此起彼伏。同性恋者追求永久结合的诉求具有正当性,应当予以立法保护。鉴于同性婚姻和异性婚姻毕竟存在着很多不同,应当区别对待。借鉴世界上其他国家的立法模式,结合我国的具体国情,我国同性恋者的结合宜采"同性伴侣"的立法模式,其成立要件、效力、同性伴侣财产制度也有别于婚姻制度。     

Heterosexuality and Race in the Australian Same-Sex Marriage Postal Survey

ABSTRACT

This article argues that race and class are central aspects of sexual citizenship in a Australia. It does so by investigating representations of heterosexuality that were produced and circulated during the 2017 same-sex marriage postal survey. Engaging with feminist and critical race theorists, we position same-sex marriage as not exceptional but part of a wider distribution of sexual citizenship within Australia's ongoing settler colonial history. We do so by introducing a number of illustrative examples of representations of heterosexuality produced during the survey. These representations reveal how same-sex marriage perpetuated heterosexual authority by asserting claims to authenticity and the occupation of space. We observe how heterosexuality in the survey material reproduced fantasies linking these three themes, for example, in an authentic white heterosexual family who speaks from their suburban backyard. It reveals that ceding to a bifurcated view of either progressive or conservative voices forestalls rather than advances other visions which may exceed the limited imaginings of sexual citizenship offered by the white liberal settler colonial state.     

工会领袖们的困惑:劳动关系面临的挑战

经济全球化向世界各国工会提出严峻挑战,工会必须进行相应变革,重新审视自己的战略目标,建立新的伙伴关系,协调劳资矛盾,以应对经济全球化和跨国公司的挑战。     

Love and the State: Gay Marriage in Spain

On 30 June 2005, the Spanish Parliament approved Law 13/2005, which amends the Civil Code to permit same-sex marriage. This formal equality measure put Spain in the spotlight of the international media. It is the culmination of a series of developments spanning from the last years of the Franco regime (which ended in 1975), through the enactment of anti-discrimination measures in 1995, to the recent fight for kinship recognition. It also follows a recent shift, from 1998 to 2005, towards the enactment of same-sex partnership laws at regional level, the approval of same-sex marriage and finally, the approval of a ‹gender identity law’ (2007). This legislative note assesses the context in which the new law on same-sex marriage has been enacted. I argue that although same-sex marriage has been represented by many activists and politicians in Spain as a gender neutral contract, it has the potential for differential impacts on lesbians and gay men, and further research and debates are needed in this area.     

Is Partner Aggression Related to Appraisals of Coercive Control by a Partner?

Research and clinical reports on men who are aggressive towards their intimate partners find that these men tend to behave in highly controlling ways towards such partners (e.g., restricting their social interactions, monitoring of activities, and reducing decision-making power). This study tests the hypothesis that men and women in violent dating relationships appraise such behaviors differently than individuals in nonviolent relationships. Based on clinical and empirical partner abuse literature, 119 college students rated the extent to which they perceived hypothetical behaviors towards a partner as controlling. Results suggest that individuals who had either engaged in or received partner aggression appraised restrictive, domineering, and coercive behaviors from a male to a female partner, and from a female to a male partner as less controlling than individuals who had neither perpetrated nor received partner aggression. Men also viewed those behaviors as less controlling than did women. Generalizability, clinical implications, and directions for future research are discussed.     

Assessing Readiness to Change among Perpetrators of Intimate Partner Violence: Analysis of Two Self-report Measures

Recent interest in the construct of motivation to change among male perpetrators of intimate partner violence (IPV) has led to development of two self-report measures of this construct: the University of Rhode Island Change Assessment for Domestic Violence (URICA-DV; Levesque et al. 2000) and the Safe at Home Inventory (SAH; Begun et al. 2003). We examined the internal structure of these instruments using confirmatory and exploratory factor analyses in a sample of 199 male IPV perpetrators waiting to begin court-mandated batterer intervention programs. Results indicated that the scales had adequate internal consistency. However, using confirmatory factor analyses, the hypothesized structural models of each instrument fit the data poorly. Subsequent models suggested by a series of exploratory factor analyses failed to improve model fit substantially for both scales. For the URICA-DV, a 3-factor model including items from the Precontemplation, Contemplation, and Action subscales fit the data adequately. No acceptable model fit could be found for the SAH. Intercorrelations among similar subscales across the two inventories suggested only a modest degree of intercorrelation (r’s = 0.16–0.52), and a factor structure more dependent on scale of origin than item latent content, suggesting that the scales assess different facets of the readiness to change construct. These results suggest that before the stages of change construct can be fully applied to the IPV area, more research and evaluation are needed on how to accurately assess abuser readiness to change.