清末新政中行政审判制度的解读

行政审判作为宪政的根基,任何一个迈向宪政国家的改革都无法绕开.晚清的立宪改革无疑为行政审判在中国的落地生根提供了政治可能性.尽管清政府的政治改革未能如愿,但其中的行政裁判院与行政裁判院草案却开启了行政审判制度的中国之门.行政审判作为清政府政治改革的内容之一,其中的曲折见证了行政审判与政治改革互为彼此、相伴相生的关系.     

A Structural Model of Government Formation

In this paper we estimate a bargaining model of government formation in parliamentary democracies. We use the estimated structural model to conduct constitutional experiments aimed at evaluating the impact of institutional features of the political environment on the duration of the government formation process, the type of coalitions that form, and their relative stability.     

Changing Patterns of Religious Affiliation,Religiosity, and Marital Dissolution: A 35-Year Study of Three-Generation Families

This article examines multiple aspects of religion and the risk of marital dissolution with a life course lens. Relying on the Longitudinal Study of Generations (LSOG), 1971 to 2005, we explore the effects of religion on the risk of first marital dissolution. Using discrete time-logit analysis, we find that the effect of religion and religiosity on divorce and separation were not significant, after controlling for sociodemographic factors, such as gender, ethnicity, marriage cohort, education, presence of children, household income, and employment status. Our findings support exchange theory that emphasizes educational and financial resources as key factors in divorce rather than religion or religiosity.     

Changing compatibility of cohabitation and childbearing between young British women born in 1958 and 1970

We investigate the effect of parenthood on whether non-marital unions led to marriage or parting for two cohorts of British women when they were aged between 16 and 29. We compare the effect of conceptions leading to births and the presence and characteristics of children on the odds that a cohabitation was dissolved, or that it was converted to marriage, for women born in 1958 and 1970. A multilevel, multiprocess, competing-risks model allows for multiple cohabitations per woman and endogeneity of fertility status. We find that cohabiting couples’ response to impending parenthood and the presence of children changed over time. In particular, the proportion of cohabiting couples who married before a birth decreased and, in the 1970 cohort only, the risk of dissolution declined during pregnancy. There is also evidence that the presence of a child cemented a cohabiting union for women from the 1970, but not the earlier, cohort.     

论公司非破产清算僵局及其策略

公司因非破产原因解散后,必须经过清算、注销程序,其法人资格始得消灭.如果普通清算和特别清算程序都不能启动,公司即陷入非破产清算僵局.公司非破产清算僵局的原因主要表现在我国公司清算成本过高、法律规定的责任较轻、清算期限规定的疏漏等等.为此,要设定清算期间、简化清算程序、严格法律责任、扩大申请人范围、确立依职权启动清算程序制度,以克服公司非破产清算僵局.     

Gray divorce: Explaining midlife marital splits

Recent research suggests that one out of every four divorces in the United States is now “gray,” meaning that at least one half of the couple has reached the age of 50 when the marriage breaks down. To understand why this age group—the Baby Boomer generation—is splitting up, this study conducted 40 in-depth, semistructured interviews with men and 40 with women who have experienced a gray divorce in their lifetimes. Respondents’ beliefs in an expressive individualistic model of marriage, where partnerships are only valuable if they help individuals achieve personal growth, were compared against their potential adherence to what I call a commitment-based model of marriage, where binding, romantic love holds couples together unless there is severe relationship strain. The results demonstrated that the commitment-based model most strongly governs marriage and the decision to divorce among Baby Boomers for both sexes, although some specific reasons for divorce differ for men and women.     

A Research Note on the Stability of Coresidential Unions Formed Postconception

There is a large literature examining the stability of mid‐pregnancy unions, and parallel work on unions formed after a nonmarital birth, but research has yet to compare pre‐ and postbirth unions and simultaneously consider whether the union is with the father or a new partner. Using the National Longitudinal Survey of Youth, 1997 Cohort, the author compares the stability of coresidential unions (cohabitations and marriages) among three groups of mothers with nonunion first conceptions: those with a mid‐pregnancy union with the father (n = 203), those with a postbirth union with the father (n = 333), and those with a union with a new partner (n = 342). Compared to mid‐pregnancy unions with the father, postbirth father unions are 35% more likely to dissolve. New‐partner unions are more likely to dissolve than both types of father unions. These associations persist when accounting for union type and socioeconomic and demographic characteristics.     

Did Divorces Decline After the Oklahoma City Bombing?

The Oklahoma City bombing in April 1995 was an act of terrorism that had many potential influences on the city and state, including influences on families. We analyzed divorce data from 1985 to 2000 for all 77 counties in Oklahoma to assess the divorce response to the Oklahoma City bombing. Our prediction was that divorce rates in Oklahoma would decrease in response to the bombing, a prediction derived from two different theoretical orientations, terror management theory and attachment theory. We test this prediction in the context of two relatively powerful quasi‐experimental designs, an interrupted time series design, and a nonequivalent control group design. We analyze the time series data with polynomial regression. Results suggested that there were lower observed divorce rates following the Oklahoma City bombing than the prevailing 10‐year cubic divorce trend would have predicted, with the effect dampening over time. We analyzed the nonequivalent control group design using an analysis of covariance (ANCOVA) linear model to compare counties in and around Oklahoma City to those farther away, and to compare metropolitan to nonmetropolitan counties in Oklahoma. In each case, divorces were lower in the predicted directions.     

劳动合同协议解除制度的漏洞及其填补——以黄彩嫦诉日广电子厂案为例

劳动合同协议解除制度具有解决劳动争议、平衡劳资关系、倾斜保护劳动者合法权益等积极意义,然而实践中其因长期缺乏强行性法律规范而处于完全的“任性”状态,引发了用人单位滥用劳动合同协议解除制度的乱象。我国现行的劳动合同协议解除制度存在协议解除的适用要件不明,协议解除的程序规范缺位,劳动关系利益衡量错位,劳动立法表达模糊不清等缺陷。为填补劳动合同协议解除制度的诸多漏洞,有必要厘清劳动合同协议解除制度的适用条件及适用情形,设置协议解除的专门法律程序,坚持利益衡量原则,规范劳动立法用语表达,以期劳动合同协议解除制度的良性效应获得可持续发挥。