股东同意与公司财产的刑法保护--被害人同意理论在公司制度中的运用

被害人同意是具体法益所有人对于他人侵害自己可以支配的权益所表示的允诺。被害人同意须具备相应的有效要件才能发生阻却刑法构成要件或阻却违法性的效力。股东同意基于股东在公司中的法律地位具有被害人同意的属性。公司业务执行人基于股东同意所实施的犯罪行为如果是在被害人同意前提下做出的,其行为的性质可适用被害人同意的一般原理予以评价和判断。股东同意是否是"有效"的被害人同意并进而具有排除刑法构成要件的效力则应具体问题具体分析。     

The circular construction of “risk” for children of oppressed groups: Israeli social workers' perspectives on children of Ethiopian origin

This article presents the findings of a research project that explored the perceptions and constructions of Israeli social workers, serving families of Ethiopian origin in Israel, regarding “risk” vis‐à‐vis the children of this community. Thirty semistructured in‐depth interviews with social workers of Ethiopian and non‐Ethiopian origin were conducted and thematically analysed. The study findings indicate that the risk posed to children from the Ethiopian community, as conceived by the social workers charged with their treatment, tends to emerge in the interface between four main contexts: the societal, the neighbourhood, the education system, and the welfare system. Resembling the cycle of poverty, in which a cyclical set of forces trap people in perpetual poverty, children from minority groups are often caught in a cycle of risk. In each of these four contexts, a circular movement was observed in the construction of risk. Breaking the circularity of “risk” requires a context‐informed approach that adopts the perspectives of critical theories, which consider structural factors, power relations, and sociopolitical context when assessing “risk” for children in general, and for children of oppressed groups in particular.     

Towards a language of sexual gray zones: feminist collective knowledge building through autobiographical multimedia storytelling

This article examines the narrative and discursive feminist labor of the Swedish 2010 Twitter-initiated #talkaboutit campaign focusing on sexual “gray areas.” The campaign sought to lessen the perceived gap between experience and discourse and work towards an adequate language encompassing difficult sexual situations presented as residing in the gray area between choice and coercion. Autobiographical narratives of negative sexual situations amounting to something less than rape were summoned, produced, and intensively disseminated online and in print media. I mainly analyze the autobiographical stories produced by what could be called the core members of the campaign as they signal the purpose of collective autobiographical storytelling as well as what is sayable and culturally exigent. I analyze how new grounds of contention in between sex and violence are staked out focusing equally on the feminist act of personal/political storytelling and on the story told about sexual “gray areas.” The article discusses the tension between the feminist collective, side-by-side, mode of storytelling and knowledge building and the equally present neoliberal narrative arc which culminates in a subject personally responsible for acting differently next time.     

论刑事被害人知情权之保障

作为刑事诉讼当事人之一的被害人,其知情权理应受到法律保护,以利于其更好地参与诉讼,实现其合法权益。但现行刑事诉讼法对被害人知情权的保护却存在诸多漏洞,不利于法治国家的建设。建议完善被害人知情权保障制度,使被害人行使其正当权利。     

‘All in all it is just a judgement call’: issues surrounding sexual consent in young people’s heterosexual encounters

In the UK, there has been growing concern about young people’s understanding of sexual consent, with the views of young people themselves often lost in academic and educational policy debates. However, the focus on high rates of sexual violence has meant a lack of attention on the everyday negotiation of consensual heterosexual activity, leading to assumptions being made regarding young people’s lack of understanding of sexual consent. This paper emerges from a wider study of over 500 young people which sought to uncover their understanding of the issues. Drawing on data from workshops and the open text responses to an on-line survey the findings presented in this paper show that the majority of heterosexual young people understood the complexity of sexual consent as an embodied process, which can be difficult to define, talk about or practice uniformly. This complex understanding, in which sexual consent is a continuum rather than a dichotomy, has implications for sexual education initiatives. We argue that it is only by providing a closer understanding of how – within consensual sexual activities – young people understand and enact sexual consent through a range of embodied communication strategies that education surrounding sexual assault will become meaningful.     

Informed Consent with Children and Young People in Social Research: Is There Scope for Innovation?

Over 20 years of research has enhanced our understanding about the methodological and ethical benefits and challenges of involving children and young people in research. Concurrently, the increasing bureaucratisation of research ethics governance within UK universities has reified expectations about the methods used to gain informed consent for research participation. This paper explores how social researchers in the UK are navigating this tension and whether there is any scope for innovation through the use of technologies in how children and young people provide informed consent to take part in research. We conclude there is a need for the co‐creation of research information with children and young people and greater transparency by sharing creative solutions.     

Midwives’ experience of personal/professional risk when providing continuity of care to women who decline recommendations: A meta-synthesis of qualitative studies

ProblemWomen’s autonomous choices in pursuit of physiological childbirth are sometimes limited by the midwife’s willingness to support those choices, particularly when those choices are contrary to recommendations or outside of guidelines.BackgroundWomen’s reasons for making such choices have received some research attention, however there is a paucity of research examining this phenomenon from the perspective of caseloading midwives’ and their perception of personal/professional risk in such situations.AimTo synthesise qualitative research which includes the voices of midwives working in a continuity of carer model who perceive any kind of risk to themselves when caring for women who decline current established recommendations.MethodsSystematic literature search and meta-synthesis were carried out following a pre-determined search strategy. The search was executed in April 2021 and updated in July 2021. Studies were assessed for quality using JBI Critical Appraisal Checklist for Qualitative Research. Data extraction was assisted by JBI QARI Data Extraction Tool for Qualitative Research. GRADE-CERQual was applied to the findings.FindingsEight studies qualified for inclusion. Five main themes were synthesised as third order constructs and were incorporated into a line of argument: Women’s rights to bodily autonomy and choice in childbearing are violated, and their ability to access safe midwifery care in pursuit of physiological birth is restricted, when midwives practise within a maternity system which is adversarial towards midwives who provide the care which women require. Midwives who provide such care place themselves at risk of damaged reputation, collegial conflict, intimidating disciplinary processes, tensions of ‘being torn’, and a heavy psychological load. Despite these personal and professional risks, midwives who provide this care do so because it is the ethical and moral thing to do, because they recognise that women need them to, because it can be very rewarding, and because they are able to.ConclusionMaternity systems and colleagues can be key risk factors for caseloading midwives who facilitate women’s right to decline recommendations. These identified risks can make it unsustainable for midwives to continue providing woman-centred care and contribute to workforce attrition, reducing options/choices for women which paradoxically increases risk to women and babies.