行政诉讼履行法定职责实体判决论——以“尹荷玲案”为核心

“司法审查有限原则”是行政诉讼法的基本原则,这导致了“履行法定职责实体判决”存在争议。“尹荷玲案”不但证成了履行法定职责实体判决存在的正当性,而且明确了该判决适用的“双阶要件”,即“理由具备、事实清楚、法律规定明确”的一般要件,与“法效果唯一性”的特别要件。其中“法效果唯一性”分为两种情况:一是羁束行政行为,二是行政裁量收缩为零,这恰与《行政诉讼法》修改后“给付判决”与“履行判决”的规定相契合。纵观司法实践,重做判决、履行判决、给付判决形成了“程序性判决—提示性判决—履行法定职责实体判决”3种判决方式,体现了三者功能的相似性。作为实质化解争议的履行法定职责实体判决,也彰显了司法推动制度发展的功能。     

The politics of gender in the UN Security Council resolutions on women,peace and security

Women’s groups have worked diligently to place gender and women’s vulnerability on the transnational security agenda. This article departs from the idea that negotiating and codifying gender and women’s vulnerability in terms of security represent a challenge to mainstream security contexts. By contrasting the UN Security Council resolutions on women, peace and security with feminist theory, this article aims to analyze what is considered to be threatened when women’s vulnerability is negotiated. The article identifies two approaches to the gender/security nexus: gendering security, which involves introducing ideas regarding gender-sensitive policies and equal representation, and securitizing gender, which proceeds by locating rape and sexual violence in the context of war regulations. We demonstrate that, although these measures are encouraged with reference to women’s vulnerability, they serve to legitimize war and the male soldier and both approaches depoliticize gender relations.     

Erickson’s identity theory and the importance of ethnic exploration for transnational adoptees

In an effort to promote their child’s ethnic identity development, parents of transnational adoptees regularly engage in cultural exploration activities with their children. This practice is aligned with Erik Erikson’s identity theory and constructs of exploration and commitment. Using qualitative analysis of interviews with adult adoptees, this study identifies four themes common to participants including: (1) travel to one’s birth country is a transformative experience; (2) relationships with other adoptees are important; (3) adoptees feel differently about the importance of cultural activities during childhood; and (4) adoptees feel both unique in their personal ethnic identity and have feelings of marginality.     

中国大学英文简介的语言图式

中国大学英文简介的语言图式，即语言的背景知识，是通过简介中的语言内容激活并构建的。语言图式的构建，表明图式理论对中国大学英文简介的理解有帮助作用。对英文简介语言图式的研究，具有一定的理论意义和实践价值。     

胡塞尔“构造”概念的三种图式

“构造”概念是胡塞尔现象学的核心概念，它被用来刻画意义如何向我们显现。索科拉夫斯基认为，胡塞尔分别在静态现象学和发生现象学阶段采取了“静态构造”的形式-质料图式和“发生构造”的一元论图式。笔者将指出，随着后期胡塞尔现象学的推进，构造的含义将更加复杂，它同时指示了自我在世界视域之中的横向结构，以及绝对时间意识支持着世界经验、并与其相互交织的纵向结构。笔者也将在此基础上，提出第三种构造图式。     

Demands and Devotion: Cultural Meanings of Work and Overload Among Women Researchers and Professionals in Science and Technology Industries

How do cultural meanings influence how people experience work‐life demands? Much research, especially quantitative research, on the effects of structural work and family conditions does not account for employees’ cultural beliefs about the meaning of work in their lives. This article uses unique survey data to investigate the effects of employee embrace of elements of the “work devotion schema”—a cultural model that valorizes intense career commitment and organizational dedication—on their sense of “overload,” an experience that includes feeling exhausted and overloaded by all one's roles, net of actual hours on the paid job and family responsibilities. We argue that by cognitively, morally, and emotionally framing work as a valued end, the work devotion schema reduces feelings of overload. Using a case of senior women researchers and professional service providers in science and technology industries, we find that those who embrace work devotion feel less overloaded than those who reject it, net of work and family conditions. However, this effect is curtailed for mothers of young and school‐aged children. We end by discussing implications for flexibility stigma and gender inequality.     

论口译中翻译笔记的度的掌握

口译是翻译活动中的一项极其具有挑战性的工作，对译员的要求也非常高。论文在阐述了口译中翻译笔记的必要性和重要性之后，主要探讨了在连续传译中译员对翻译笔记所应该掌握的尺度：即既要认识到笔记的重要性，记好笔记；又要认识到笔记只是辅助，在翻译过程中，更应该注意在激活图式结构的帮助下开发大脑对讲话内容的整体把握和理解记忆。只有这样，在笔记的帮助下，口译员才更加有可能做到在理解之后更加准确、全面地翻译。     

Exit, Voice, Loyalty in Transition: A Theoretical Framework

On the grounds of borrowing and reforming Hirschman’s terminology, ‘exit, voice, loyalty’, we show both a conceptual and a methodological framework that can be used to raise questions in transitology studies. These issues include the following points: are there any models being developed concerning the transition countries?; are there any similar models in Western Europe?; is there any convergence between the models of both Eastern and Western Europe? If the answer to the last issue is yes, then in which areas? Or if it is a no, is it true that a special economic, social and also political system is developing in Eastern Europe? Another issue concerns how strong the growth potential of the different models is. It also examines which are the successful models and which are not, and what is the role of the economic and political elite in the development of these models. This study includes only the theoretical framework.     

Traditional versus Western perceptions of mental illness: women of Moroccan origin treated in an Israeli mental health center

This paper focuses on the problems encountered in providing Westernized psychiatric treatment to a population with traditional healing beliefs. The sample comprised women of Moroccan origin living in Israel undergoing treatment for psychiatric disorders (N=38), and their treating psychiatrists (N=9). Ethnographic interviews were conducted among both groups. The results revealed that the symptoms, perceptions of the illness, and problems encountered in the therapeutic relationship differed across three age groups, young women (20–30 years), more mature women (31–42 years), and older women (43–60 years). While cultural conflict appeared to affect the development of mental illness in each group, this was most pronounced among women in the middle age range. Moreover, problems in the therapeutic alliance were greatest in this age group. The data from the therapists indicated that they maintained a Western perspective in both their understanding and diagnoses of these patients' illnesses. The different perspectives of the therapists and each of the three groups of women are discussed. It is concluded that professionals treating traditional populations must avoid imposing Western standards, and consider the treatment in the context of cultural beliefs. The developmental stages of the individual, and the stage of acculturation must also be taken into account if treatment is to be effective.     

英语“花园小径”句的认知解读

"花园小径"现象是一种特殊的语言暂时歧义现象,整个句子是没有歧义的."花园小径"句常涉及有多重意义的词语或搭配复杂的结构,这样在理解过程中,人脑中的常规语言知识图式和世界知识图式被率先激活,导致误读,但在遭遇语义短路后读者会意识到原来的理解错误,需要构建新的图式以达到正确的认知.