死者人格利益法律保护之构建

死者无人格权,但死者具有人格利益。为了维护社会利益和善良风俗,我国法学界和司法实务界对死者人格利益保护也达成了共识。完善死者人格利益应在保护范围、行使主体、法律责任、免责事由及保护期限等方面给予立法规制。     

Young people,social media and connective action: from organisational maintenance to everyday political talk

Social media is pervasive in the lives of young people, and this paper critically analyses how politically engaged young people integrate social media use into their existing organisations and political communications. This qualitative research project studied how young people from a broad range of existing political and civic groups use social media for sharing information, mobilisation and, increasingly, as a means to redefine political action and political spaces. Twelve in-person focus groups were conducted in Australia, the USA and the UK with matched affinity groups based on university campuses. The groups were of four types: party political group, issue-based group, identity-based group and social group. Our focus group findings suggest that this in-depth approach to understanding young people's political engagement reveals important group-based differences emerging in young people's citizenship norms: between the dutiful allegiance to formal politics and a more personalised, self-actualising preference for online, discursive forms of political engagement and organising. The ways in which political information is broadcast, shared and talked about on social media by engaged young people demonstrate the importance of communicative forms of action for the future of political engagement and connective action.     

What is Flint? Place,storytelling, and social media narrative reclamation during the Flint water crisis

ABSTRACT

The Flint Water Crisis became a national news story in January of 2016, when major publishers such as The New York Times began covering the story. In the same month, an influx of social media activism occurred in response to the crisis, with citizens developing hashtag campaigns such as #FlintFwd in order to disseminate news and stories from a citizen’s perspective; these campaigns often positioned Flint positively ? as a recovering community ? rather than a city in the middle of a public health crisis, and often addressed not a national public but a local audience. This paper considers Flint-based social media activity to investigate the emergence of place-based activism within the ostensibly global network of social media. In doing so, it identifies three key themes; 1) leveraging social media to forward a critique of deficient journalistic storytelling; 2) using the affective process of storytelling via social media to claim authority over their own material offline existence, and 3) using place-based storytelling to implicate others as witnesses via the global network of social media. These themes coalesce around a distinctly critical logic of connectivity. This logic extends the notion of connectivity articulated by Van Dijck and Poell [2013. Understanding social media logic. Media and Communication, 1(1), 2–14.] and the strategies of platform activism explored by Tufekci [2017. Twitter and tear gas: The power and fragility of networked protest. New Haven: Yale University Press.] to explain how social media works to expose discrepancies between the public story of the water crisis and material, lived conditions of Flint, rendering visible a discursive identity of Flint thus far unrecognized.     

“动物与人”：叙事伦理、悖反性与双重困境指向——论“抉择之痛”作为功能指涉的效力边际

对初始情境中受难者“陷困”功能的探讨，是“动物叙事”叙事语法研究中不容忽视的一环，其中贯穿了一个最为基础的叙事功能指向——“抉择之痛”。强调“动物与人”两类受难者角色在身体、心理抑或情感维度陷入某种矛盾与纠结的状态，并且彼此间时常呈现出一定的矛盾悖反性。这一角色身份由动物形象与人类形象分别或共同承担，均指向一种叙事伦理层面的现代境遇的表达。在题材范畴方面，这一功能指涉涵盖了家养类与野生类“动物叙事”各自的叙事范畴。其效力边际已不仅仅局限在单纯生态视域与人性指涉的层面，而是凸显现代语境下人类所面临的共通性的伦理困境：一种挥之不去的矛盾、困惑与不安的情感和心境的写照。     

Responsibilisation,social work and inclusive social security in Finland

ABSTRACT

In this article responsibilisation in social work is studied by analysing two Finnish state-level policy documents (called final report and research report) which concern a current activation initiative called inclusive social security (ISS). It is asked how social workers and clients are constructed as responsible subjects in these documents. Responsibilisation refers to the advanced liberal mode of governmentality, which aims to strengthen citizens’ abilities to self-governance through various techniques that include the intertwined elements of surveillance and empowerment. It is demonstrated that the policy documents construct the social workers’ and the clients’ responsibilities partly in different ways. The final report leads activation to be based on shared responsibility and social work to be more community-based, whereas the research report strengthens more individual-based responsibility of clients and social workers. For the clients, the interpretation of ISS based on shared responsibility would probably be less stigmatising and paternalistic than the one based on individual responsibilities, i.e. approaching long-term unemployed citizens as being personally ‘at risk’ and thus a justified target group of individualised techniques for activation. For social workers and clients, future activation appears to be a wide mix of different techniques, moral expectations and possible ways of being a responsible subject.     

制度风险的法律维度: 突破非物质文化遗产保护的瓶颈

以风险理论审视非物质文化遗产的现行法律制度,根据风险产生根源不同,非物质文化遗产保护的制度风险会表现为制度运转失灵风险、制度功能偏差风险和公平性缺失风险。化解制度风险,形成制度风险的维度,不可基于同一个标准,而是需要在大的框架之下论及制度风险的法律管控,需要有针对性地创构"建立私权,善用公权"的多元法律控制体系,并在体系内引入技术规制,创设"非物质文化遗产权",推动民间习惯法与法律制度、公法与私法的互动式发展。     

农村互助型社会养老:中国特色与发展路径

农村互助型社会养老是具有中国特色的社会养老的发展形式，是对农村传统家庭养老的重要补充。它扎根于农村传统的亲邻互助网络，其本质在于经济互助，表现为有组织地发动邻里、志愿等社会力量，充分利用以老年人为主的各类人力资源的闲置时间、资源低成本地相互帮助和服务。社会各界应将其作为重要实施方略，纳入积极应对人口老龄化战略和乡村振兴战略之中。其发展路径可以概括为：以资金互助为基础，以组织动员为抓手，以服务互助为重点，以社区居家养老为主要阵地，创新各类互助养老模式，着力形成稳定多元的资金来源，培育互助队伍，增加互助内容，从无偿到无偿、低偿相结合，探索建立标准规范的服务管理评估制度，机构养老与社区居家养老互联互通，最终尝试建立圈层化、整合化、网络化、制度化的农村互助型社会养老体系。     

China’s Choice of Analytical Models for Its Anti-Monopoly Law

Modern analytical models for anti-monopoly laws are a core element of the application of those laws. Since the Anti-Monopoly Law of the People’s Republic of China was promulgated in 2008, law enforcement and judicial authorities have applied different analytical models, leading to divergent legal and regulatory outcomes as similar cases receive different verdicts. To select a suitable analytical model for China’s Anti-Monopoly Law, we need to consider the possible contribution of both economic analysis and legal formalism and to learn from the mature systems and experience of foreign countries. It is also necessary to take into account such binding constraints as the current composition of China’s anti-monopoly legal system, the ability of implementing agencies and the supply of economic analysis, in order to ensure complementarity between the analytical model chosen and the complexity of economic analysis and between the professionalism of implementing agencies and the cost of compliance for participants in economic activities. In terms of institutional design, the models should provide a considered explanation of the legislative aims of the law’s provisions. It is necessary, therefore, to establish a processing model of behavioral classification that is based on China’s national conditions, applies analytical models using normative comprehensive analysis, makes use of the distribution rule of burden of proof, improves supporting systems related to analytical models and enhances the ability of public authorities to implement the law.     

Developing a Rubric for Supervision of Students Counseling LGBTQ Clients

More than 100 pieces of anti-lesbian, gay, bisexual, transgender (LGBT) legislation are active in 2018. In this current political climate of “conscience clause” legislation, counselor educators and supervisors are poised to adopt more holistic practices in assessing and evaluating student and supervisee readiness to work with LGBT queer (Q) clients. The purpose of this article is to present a dispositional framework for assessment and evaluation and introduce the flexibility, integrity, awareness, stability, compassion, and openness (FIASCO) rubric of professional counseling dispositions. Two court cases, Keeton v. Anderson-Wiley and Ward v. Wilbanks, are used as case examples for applying the FIASCO rubric to situations involving LGBTQ clients.     

On the estimation of non linear functions in stochastic volatility models

Abstract

This paper focuses on the inference of suitable generally non linear functions in stochastic volatility models. In this context, in order to estimate the variance of the proposed estimators, a moving block bootstrap (MBB) approach is suggested and discussed. Under mild assumptions, we show that the MBB procedure is weakly consistent. Moreover, a methodology to choose the optimal length block in the MBB is proposed. Some examples and simulations on the model are also made to show the performance of the proposed procedure.