论我国行政侵权精神损害赔偿的基本原则

世界上许多国家都在法律上对因国家侵权(包括行政侵权)造成行政相对人精神损害做出了经济赔偿的规定。在行政赔偿中增加有关精神损害赔偿的规定,是时代发展的需要。行政侵权精神损害赔偿应遵循以下原则:法官的适当自由裁量原则,惩罚性赔偿原则,禁止滥用原则,数额适当原则,关注个体公平的差异性原则等。     

Trait Expressiveness and Marital Satisfaction: The Role of Idealization Processes

This study examined the processes that underlie the association between trait expressiveness and marital satisfaction. A total of 168 newlywed couples participated in a four‐wave, 13‐year longitudinal study of marriage. Cross‐sectional and longitudinal path analyses suggested that expressiveness promotes satisfaction by leading spouses to engage in affectionate behavior and by leading them to idealize their partner. Expressive people formed idealized images of their partner because they brought out the best in their partner's behavior and because they interpreted their partner's behavior in a favorable light. The study extends previous research by showing that the benefits of trait expressiveness extend into the second decade of marriage and by providing a plausible explanation of the connections between trait expressiveness and marital satisfaction.     

Religious affiliation and the family

The process of religious affiliation is mediated by institutions such as the family, which provide a network of ties to the public sphere. Variations in the likelihood of those with no religious affiliation in high school (N=900) becoming church members by the time they reach 30 are explained in terms of a combination of individual attributes, such as educational and spatial mobility, and changes in structural location, such as the transition to marital and parental status. Panel data from the Career Development Study show that women's chances of affiliation are more affected than are men's by parents' religious homogamy, getting married, and having children.     

从"苏丹红"案看惩罚性赔偿与责任竞合

通过分析全国首例“苏丹红”案所涉惩罚性赔偿的适用及责任竞合问题,认为惩罚性赔偿责任的构成要件为经营者提供商品、服务时有欺诈行为及消费者受有损失。法律应就经营者的欺诈行为作出举证责任倒置的规定。消费者要求经营者承担惩罚性赔偿责任的基础关系为合同关系。“苏丹红”案中,原告诉请涉及侵权责任与违约责任竞合问题。责任竞合时,权利人最迟应在一审开庭前作出选择,如果不作选择或者放弃选择权,应由法院依据有利于维护权利人权益的原则,作出适用违约责任或侵权责任形式的判决。     

试论适航责任

自《海牙规则》采用恪尽职责使船舶适航的责任以来,该责任已被大多数国家所采纳。适航责任的概念、构成、举证与责任承担等问题对认定承运人是否违反适航义务非常重要,《海牙规则》部分地解决了关于适航责任的争议问题。     

共同侵权行为有关问题浅议

共同侵权行为作为一种特殊的侵权行为形态,是理论上争论较大的问题,同时也是审判实践中在认定和处理上都存有很大分歧的问题。但不可否认,共同侵权行为是侵权行为法的重要内容。本文通过对共同侵权行为进行比较研究,试图对共同侵权问题有更深入全面的理解和认识。     

对医疗侵权诉讼中实行举证责任倒置的思考

根据最高人民法院《关于民事诉讼证据的若干规定》,对由医疗行为引起的侵权诉讼,医疗机构应就医疗行为与损害结果之间不存在因果关系及不存在医疗过错承担举证责任。分析医疗侵权诉讼中的举证责任倒置制度;指出我国的举证责任倒置制度有待进一步完善。     

国家赔偿责任归责原则之回归

归责原则作为侵权行为类型化的根据,具有统领侵权行为法其他规范的作用。国家公权力侵权行为,虽为一种特殊的侵权行为,但仍属侵权行为法总的归责原则之统辖范围。因此,“违法责任归责原则”的提法在理论上是不成立的,有必要回归到“无过错责任原则”的正确表述上来。这种回归不仅仅是法律术语规范的需要,更为重要的是,它可以引导我们把国家赔偿法的研究重心放在公权行为的违法特性方面。     

Sexual Coercion in Marriage: Narrative Accounts of Abused Mexican-American Women

Intimate partner sexual violence (IPSV) has been relatively understudied particularly from the perspective of women of color. This study documents the experiences with partner sexual violence of ten Mexican-American women. Qualitative interviews were conducted using snowball sampling with women that had been in abusive marital relationships. A phenomenological approach was used and through a thematic analysis, participant narrative responses were synthesized into themes. All participants reported sexual coercion and violence in their marriages, yet most did not label those experiences as “rape” despite the threatening context in which these incidents occurred. Tacit, but not always explicit acceptance of machismo, patriarchy, and male dominance were common themes possibly increasing IPV risk. Results highlight the complex interaction between upholding cultural values on the one hand, and preserving individual well-being and safety, on the other, underscoring the need for more extensive culturally sensitive research, prevention and intervention efforts for abused Mexican-American women     

Integrative and Masking Emotion Work: Marital Outcomes Among Dual-Earner Couples

This study redresses a gap in the literature concerning the outcomes of emotion work by exploring how both integrative and masking emotion work relate to marital quality and marital conflict. Using data from a random sample of dual-earner couples in a northeastern city in an upper Midwestern state (n = 99 couples), this study explores the emotion-work performance of each partner. The findings show that men’s integrative emotion work is only significantly associated with men’s marital quality, whereas men’s masking emotion work significantly predicts their partner’s marital quality, men’s marital quality, and men’s marital conflict. Women’s integrative emotion work is significantly associated with women’s marital quality and their partner’s marital conflict, whereas women’s masking emotion work predicts women’s marital quality and marital conflict. Altogether, the findings suggest that considering both masking and integrative emotion work helps gain a fuller understanding of how emotion work shapes marital outcomes.