论两岸保护台湾海峡水下文化遗产之合作机制的构建

台湾海峡内存在丰富的水下文化遗产。但由于长期政治割裂,无论大陆还是台湾,目前都无法独力完成对这些遗产的普查、勘探、保护、发掘和研究等工作。两岸应搁置政治分歧,构建一套合作机制以保护这些遗产。目前,两岸可以由海峡会和海基会牵头,达成一份《两岸合作保护台湾海峡内水下文物的协议》。该合作协议至少应明确合作的目标,合作的原则,合作的内容,合作的机构以及争端解决等问题,以期推动台湾海峡内水下文化遗产的保护。     

思维性创意与微型产品化刨意脚本法律保护探析

思维性创意是创意产生的基础，是以新颖独创的方法解决问题的思维过程，存在于文化创意思维和整合两个阶段，具有作为作品的不完整性、价值的潜在性等特性，对其保护有重要意义与价值；由于其内隐创新性与不完整性使得现行法律的保护不周延性，将思维性创意转化为微型产品创意脚本，是符合产业发展趋势和适应现有法律规定的较优创意保护方式。     

‘IF I FEEL LIKE THIS,HOW DOES THE CHILD FEEL?’ CHILD PROTECTION WORKERS,SUPERVISION, MANAGEMENT AND ORGANISATIONAL RESPONSES TO PARENTAL VIOLENCE

This study analysed workers’ experiences of supervision following interactions with hostile and intimidating parents. This analysis examined management and organisational responses to worker stress, and assessed the adequacy of support that workers received. An online survey was designed to collect data on workers’ experiences and free text responses were qualitatively analysed for references to the supervision they received in response to working with parents. 590 participants responded to the survey. 402 were qualified social workers, and 423 worked in child protection. Participants had experienced a range of violent behaviour from parents. The overwhelming theme in responses was the lack of support and supervision workers received, often in stressful and frightening circumstances. Approximately one quarter of participants only used organisational procedures, guidelines or protocols on dealing with hostile parents. Workers reported that mismanaged parental hostility affected their practice and the quality of protection that children received. The violence experienced had a significant negative impact on their personal and professional lives. Organisational responses in the form of supervision and education were often inadequate and resulted in children receiving reduced quality of protection. Recommendations for policy and practice change are discussed, with the aim of caring for workers and the children they protect.     

土地调查是依法保护耕地的现实基础

土地调查是一个具有确定内涵的法律概念，《土地调查条例》为确保调查数据的真实准确性提供了法律支持，土地调查应当与土地登记同步进行。第二次全国土地调查是在特定的历史背景下展开的，必须为全国土地调查建立坚实的保障体系，必须形成全国土地调查权威的调研成果，必须执行全国土地调查严格的责任追究制度。     

农民工入城就业及其法律保障

农民工入城就业既是城市化的必然伴生结果，也是从根本上解决城乡差别的主要途径。目前困扰我国农民工入城就业问题的主要障碍是没有在制度层面获得公平分享城市资源的权利。因此，如何从制度上保障农民工从事体面劳动的权利以化解来自城市的社会屏蔽，是经济学界和法学界共同面临的重大任务。功能主义所揭示的社会阶层向上流动，暗示了农民工入城劳动的可行能力以及自由选择权的问题。而城市劳动规则系统、劳动身份平等、劳动权利启蒙、职业工作能力提升和多元劳资纠纷解决，是当前农民工体面劳动和就业保障的核心制度设计。     

建设海南国际旅游岛 信息化必须先行

海南国际旅游岛建设是海南省贯彻中央领导重要指示，构建具有海南特色的经济结构和更具活力体制机制的重大举措。对国际旅游岛的内涵进行了阐述，分析了旅游信息化在促进国际旅游岛建设中的地位和重要意义，提出了建设海南国际旅游岛，信息化必须先行的观点，并提出了推进海南旅游信息化、建设海南国际旅游岛的几点对策建议。     

Traditional kinship foster care in northern Ghana: the experiences and views of children, carers and adults in Tamale

Surveys were employed to explore the experiences of children in care and their carers about traditional fostering. They also examined the perspectives of randomly selected adults in the community about the practice of traditional foster care in the Tamale area of northern Ghana. The 74 participants responded to closed- and open-ended interview questions about traditional foster care. Frequencies and thematic grouping of qualitative responses showed that the need to keep family ties alive was the key reason for placement of children with family and kin. Majority of the children expressed satisfaction with living in foster care, even though they had experienced physical and emotional abuse and intimidation. Although most carers were not formally employed and had little personal income, they were positive about having the care role, but faced challenges in providing for many children in a difficult economic situation. The report highlights the role of reciprocity, altruistic and socio-cultural factors in quality of care, and the potential for the traditional kinship foster care to provide suitable avenues of placement for children as recommended by the Ghana child rights law. It also identifies the need for education for carers around children's needs and Ghana's child rights law.     

Resource Distribution in Multiple Attacks Against a Single Target

A target is protected by the defender and attacked by an attacker launching sequential attacks. For each attack, a contest intensity measures whether the agents’ efforts have low or high impact on the target vulnerability (low vs. high contest intensity). Both the defender and the attacker have limited resources. It is assumed that the attacker can observe the outcome of each attack and stop the sequence of attacks when the target is destroyed. Two attacker objectives are considered, that is, to maximize the target vulnerability or to minimize the expected attacker resource expenditure. The article addresses the following three questions: whether the attacker should allocate its entire resource into one large attack or distribute it among several attacks; whether geometrically increasing or decreasing resource distribution into a fixed number of sequential attacks is more beneficial than equal resource distribution; and how the optimal attack strategy depends on the contest intensity.     

Adult protection and ‘intimate citizenship’ for people with learning difficulties: empowering and protecting in light of the No Secrets review

The government are consulting on the introduction of legislation to give professionals powers to enter the homes of ‘vulnerable adults’ where abuse is suspected and remove the ‘victim’ without their consent . This article considers the consequences of such legislation for the ‘intimate citizenship’ of people with learning difficulties who have capacity to consent to sexual relationships. Proposals of the consultation are considered in terms of their practical relevance, finding that changes can be made with better guidance, resources, policy implementation and a sound evidence base for adult protection. A case is made that proposals contravene human rights, mental capacity laws and the ethos of personalisation, increasing the focus on risk in practice. An ecological model of vulnerability is supported, which offers an approach that can prevent sexual abuse through empowerment without the need for new legislation.     

欧洲中世纪有宪法吗

谈到近现代欧洲各国的宪法或民主政治,人们宁可到古希腊和古罗马的民主政治中寻找根源,而不愿将之与近代毗邻的"黑暗的"中世纪相联系.人们概念中的等级、特权和专制的欧洲中世纪是没有宪法的.但果真如此吗?本文以有别于传统宪法定义的方式,在对欧洲中世纪宪法进行科学界定的基础上,通过理论论证和实证分析,得出欧洲中世纪有宪法的结论.