章公祖师佛像跨国追索诉讼国际私法问题研究

从章公祖师佛像跨国追索诉讼主体资格问题切入,分析佛像的法律性质,探讨涉案物权准据法的确定及适用问题。该案原告应由阳春村全体村民担任。涉案佛像属于文物,建议村民在荷兰法院提起原物返还之诉。受案法院应当适用物权冲突法确定准据法,即可能适用中国内地、中国香港或荷兰法律。被告在购买时应当对涉案佛像来源产生合理怀疑,因此不构成“善意”;原告应尽可能搜集证据证明《荷兰民法典》规定的20年消灭时效因起诉而中断。依据《香港货品售卖条例》和中国内地物权法理论与实践,被告均不能取得系争佛像的所有权。     

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.     

虚拟社会分层——兼与现实社会分层比较

人类历次科技革命都对社会形态产生了巨大影响,今天信息技术革命对社会形态的显著影响表现为虚拟社会的兴起,使得社会存在两副社会结构:现实社会结构与虚拟社会结构。论题基于社会分层视角,对虚拟社会结构展开实证研究,将虚拟社会结构分为五个阶层,并对照其现实社会分层位置,研究发现虚拟社会分层将那些现实社会底层推向虚拟社会上层,而现实社会上层则处于虚拟社会底层。这种阶层位置倒置对现实社会秩序产生强烈的冲击,这也正是今天社会治理的重要面向。     

Psychological Distress,Couple Interactions,and Parenting: A Dyadic Analysis of African American Couples

Parental depression is a well‐established risk factor for couple conflict and ineffective or hostile parenting (M. C. Lovejoy, P. A. Graczyk, E. O'Hare, & G. Neuman, 2000; L. M. Papp, M. C. Goeke‐Morey, & E. M. Cummings, 2007). Although research suggests that caregiver depression may impact parenting indirectly via increased conflict between couples (e.g., R. D. Conger et al., 2002), few studies take into account the behaviors of both caregivers in exploring these relations. The goal of the current study is to employ an actor–partner mediator model to examine the complex relations among psychological distress, negative couple interactions, and parenting. Using a sample of 162 African American couples with children, we find evidence that the psychological distress of each caregiver has an effect on couple interactions for both men and women. The effects from each caregivers' distress to parenting are mainly indirect through the interactional behaviors of the mother toward the father, consistent with the father vulnerability hypothesis (e.g., E. M. Cummings, M. Goeke‐Morey, & J. Raymond, 2004).     

Rational-experiential thinking style and rational intergroup cooperation: the moderating role of intergroup conflict / Estilos de pensamiento racional-experiencial y la cooperación intergrupal racional: el rol modulador del conflicto intergrupal

Cooperative relationships between groups are difficult because of the high human capability to differentiate between in-group vs. out-group members. This obstacle exists even when the groups can obtain benefits for themselves from cooperation with other groups (rational cooperation). Based on an interactionist approach, the authors propose that personal (individual differences) and situational (conflicts) factors contribute to rational intergroup cooperation. The authors conducted a preliminary correlational study (Study 1) and an experimental investigation (Study 2). In Study 1, the authors examined, with 105 participants, the psychometric properties of the Spanish version of the Rational–Experiential Inventory (REI), measuring individual differences in information processing. In Study 2, the authors conducted an experimental investigation with 141 participants, testing the role of individual differences and conflict in intergroup rational cooperation. Findings of Study 1 showed that the scale has adequate psychometric properties. Results of Study 2 confirmed that the existence of both manipulated and perceived intergroup conflict reduces the magnitudes of the relationships between rational ability and rational cooperation. In addition, perceived intergroup conflict increased the magnitude of the links from experiential ability and experimental engagement to rational cooperation. Both individual differences and previous conflict have a role in predicting rational intergroup cooperation. According to the interactionist approach, personal and situational factors should be considered in the understanding of intergroup relationships.     

Stressors beget stressors: The effect of passive leadership on employee health through workload and work–family conflict

The current study examined passive leadership as a potential antecedent of two commonly studied workplace stressors (i.e. workload and work–family conflict), and investigated its negative effect on employee burnout and physical symptoms via these stressors. We collected two waves of data from 274 focal participants, and one wave of data from their co-workers. Results showed that both self-reported and co-worker-reported passive leadership was positively related to employee burnout and physical symptoms, as well as workload and work–family conflict. Additionally, workload and work–family conflict partially mediated the effects of passive leadership on burnout and physical symptoms, respectively. Our findings support the notion that passive leadership can create a stressful workplace and have a detrimental effect on employees’ health.     

Shared Parenting After Parental Separation: The Views of 12 Experts

ABSTRACT

This article summarizes panel discussions that took place at an international conference on shared parenting (SP) held in May 2017. The panelists were internationally recognized experts on the legal and psychological implications of custody arrangements and parenting plans. Seven broad themes dominated the discussions: whether or not there was persuasive evidence that SP provides real benefits to children whose parents separate; what specific factors make SP beneficial; what symbolic value SP might have; whether there should be a legal presumption in favor of SP, and if so, what factors should make for exceptions; whether high parental conflict, parents’ failure to agree on the parenting plan, or dynamics of parental alienation should preclude SP; and what should happen when a parent wants to relocate away from the other parent.     

Stages of change and engagement in a family intervention

Prochaska and DiClemente's stages of change model facilitate understanding of engagement difficulties in psychosocial intervention processes. We assessed the link between stages of family change and intervention dropout in a sample of 141 families with relational conflicts between parents and adolescent children. Each family member's stage of change was defined according to three criteria: seeing the conflict as a relational problem, assuming part of the responsibility for the dysfunctional relationship, and understanding one's own mental and emotional states and those of the other family members involved in the conflict (mentalization). Our dropout rate for the sample was 41.8% and was higher for immigrant families. We found a strong association between engagement and the contemplation stage of change, particularly the mother's. In family conflict interventions, participation of all the family members is essential so as raise awareness of the relational aspects of the conflict and the shared responsibility for the conflict and its resolution.     

基于邻避运动视域的中产阶层功能重新审视]——以R市的“核邻避运动”为例

国内学术界将“中产阶层”视为社会政治“稳定—缓冲”器的认知看似符合静态的中国社会结构，但就现实而言，却忽略了转型期中国政治社会情境的复杂性和过渡性。近年来，城市中产业主引发的愈演愈烈的邻避运动，更是挑战这一传统认知。基于R市“核邻避运动”的视域，我们发现中国城市中产阶层的社会政治功能在某一特定时间流下会发生转变，甚至出现了“稳定器”和“动荡器”两个相对立的社会、政治功能。而差别阶层特质、中产精英上台等内部中介机制,以及怨愤情绪生产、政府内部分歧等外部中介机制，是中产阶层社会政治功能演化的深层机制。此外，值得注意的是，由于“身份限制”和“制度限制”的二重性，中产阶层的社会政治功能往往并不会演变为“颠覆—异化”器。     

现代社会隐私权和知情权的边界

现代社会是权利的社会,也是权利冲突频发的社会。权利之间的冲突缘起于法律规则的模糊性、权利的滥用和权利的交互性。其实质是一种客观存在的事实而非理论预设和逻辑分析的结果。权利冲突可以大致界分为主体间的权利冲突、价值冲突、利益冲突三种类型;权利间的冲突需要借助社会控制模式(个人控制、组织控制、法律控制)并通过价值平衡方法来解决。