论环境行政公益诉讼的谦抑性——以检察机关提起环境行政公益诉讼为限

检察机关提起环境行政公益诉讼,是促进行政机关履行环境保护职责的重要方式.环境行政公益诉讼涉及检察机关、法院和行政机关三个机关,需要处理好司法权与行政权之间的关系.一方面,环境司法具有能动性,容易导致司法权与行政权之间的冲突;另一方面,基于司法有限性与环境法行政实施的特征,需要重视司法谦抑性问题.而如何认识环境行政公益诉讼的谦抑性,需要从理论和实践的维度进行分析.在检察机关提出环境行政诉讼时,应当尊重行政机关的首次管辖权、重视行政公益诉讼的诉前程序、尊重行政自由裁量权、重视行政不能问题.当然,这种谦抑并不是绝对的,为有效发挥行政公益诉讼的功能,应当把握好这种谦抑性的限度,通过明确强制诉讼范围、确定实体性裁判的要件、尊重诉讼和解等方式来处理好司法谦抑与司法监督的关系.     

Understanding vaccine knowledge,attitudes, and decision-making through college student interviews

Abstract

Objective: We aimed to explore knowledge, attitudes, and beliefs about vaccines required for college-entry and vaccine-related behaviors among college students. Participants: Thirty-three full-time undergraduate students, ≥ 18 years old, enrolled at public (2) and private (3) colleges and universities in metropolitan Philadelphia in fall 2016. Methods: We conducted semistructured interviews, which were double-coded with 5,015 comments overall and 99.3% intercoder reliability (κ?=?0.779) using NVivo 11 software. Results: Six key themes emerged: (1) low knowledge about vaccines and requirements; (2) mixed attitudes about required vs. recommended vaccines; (3) high trust in medical professionals; (4) low perceived risk for vaccine-preventable disease outbreaks; (5) substantial parental influence on students’ decision-making; and (6) low utilization of Student Health Services. Conclusions: This study revealed lack of knowledge about and low prioritization of vaccination despite overall positive attitudes towards vaccines. Prematriculation education of college students is critical to increasing vaccine knowledge and use.     

Population aging and long-term care policies in the Gulf region: a case study of Oman

Population aging is a phenomenon occurring across the globe including in countries traditionally exhibiting population dividends and “youth bulges.” The Gulf Corporation Council countries are no exception as they currently experience a process of population aging, albeit at a different stage from many developed countries. However, due to historically high fertility rates and fast-paced epidemiological transition, some of these countries will experience population aging at a higher pace than what has been observed in Europe and the United States. This article reviews recent developments in long-term care policies in the Gulf region with a focus on Oman as an example of a high-income Arab country that is experiencing population aging while still being governed by traditional family aged-care norms. Utilizing existing data and published research complemented by policy analysis and field visits, we analyze the process of population aging in Oman and neighboring countries and its policy implications.     

法治理想及其要求

法治是当今世界公认的一种重要政治价值。法治理想的要义是通过法律规范的途径来限制任意专断权力的运作。为达到这一目标,法律规范在形式上必须满足富勒提出的八项要求,并且必须确立法律的正当程序来保障法律规范得到适当的运用。我们可以把这两方面称作法治理想形式与程序方面的要求。法治理想的要义还有助于我们理解人们围绕法治的一些重要争论,如关于实质性法治观念的争论,关于立法性法律的争论等。     

海德格尔的“实用主义”和本原思想——对奥克伦特的海德格尔解读之实用主义视角的反思

对海德格尔的实用主义解读构成了美国海德格尔学者们的一个重要研究进路,但是实用主义视角下的海德格尔在欧陆学者看来是对海德格尔的曲解,因为这一视角抹去了海德格尔现象学的先验维度或者说本原思想。本文以奥克伦特对海德格尔时间性概念的实用主义解读为例,阐明海德格尔时间性概念的本原意义如何在实用主义视角下被消解,并指出海德格尔的本原思想在这一视角中“隐身”的根源。     

论劳务派遣向正式雇佣的转换

劳务派遣的超常发展背离了立法本意,产生严重的负面效应,其回归理性发展轨道的路径之一在于向正式雇佣转换。基于用工自由与社会公正相平衡、法律管制与放松管制相协调、劳务派遣的过渡性特征等政策考量,劳务派遣转正具有充分正当性。在法律管制升格的背景下,劳务派遣向正式雇佣转换成为刚性的要求,因之在法律上需提供转换进行的通道和规则指引。对超出法定适用范围的劳务派遣,可以强制性地法律拟制为在用工单位与劳动者之间成立直接劳动关系,但应以不违背劳动法理的方式进行。合理范围内的劳务派遣,亦可依当事人协商机制而转化为直接雇佣。     

Hazard Analysis and Safety Requirements for Small Drone Operations: To What Extent Do Popular Drones Embed Safety?

Currently, published risk analyses for drones refer mainly to commercial systems, use data from civil aviation, and are based on probabilistic approaches without suggesting an inclusive list of hazards and respective requirements. Within this context, this article presents: (1) a set of safety requirements generated from the application of the systems theoretic process analysis (STPA) technique on a generic small drone system; (2) a gap analysis between the set of safety requirements and the ones met by 19 popular drone models; (3) the extent of the differences between those models, their manufacturers, and the countries of origin; and (4) the association of drone prices with the extent they meet the requirements derived by STPA. The application of STPA resulted in 70 safety requirements distributed across the authority, manufacturer, end user, or drone automation levels. A gap analysis showed high dissimilarities regarding the extent to which the 19 drones meet the same safety requirements. Statistical results suggested a positive correlation between drone prices and the extent that the 19 drones studied herein met the safety requirements generated by STPA, and significant differences were identified among the manufacturers. This work complements the existing risk assessment frameworks for small drones, and contributes to the establishment of a commonly endorsed international risk analysis framework. Such a framework will support the development of a holistic and methodologically justified standardization scheme for small drone flights.     

Analysis of Spanish policies for the integration of immigrant schoolchildren

The Organic Law on the Improvement of the National Education Quality (Ley Orgánica de Reforma de la Calidad Educativa) readdressed one of the most significant educational issues: educational policies related to immigrant students. Therefore, this is an appropriate moment to evaluate these types of policies in three singular Spanish regions: Madrid, Catalonia and Andalusia. This article presents an analysis of the measures taken in three Spanish regions: Madrid, Catalonia and Andalusia in response to students’ reception, acceptance and enrolment of immigrant students. A qualitative methodology based on the comparative method is used. Diverse similarities, but also specific characteristics and differences, can be found among the three models associated with each region. There are several significant differences that can be appreciated, such as the institutional role, as well as other specific measures. However, singular features are also identified, such as the diverse policies for the use of the vehicular language in each of the cases. Finally, the comparisons highlight various critical aspects, such as attention devoted to the students’ native language and progress towards intercultural education in school strategies and planning.     

论语文教学中的美育

语文教学美育需综合教学论、接受美学、教育心理学和语言美学的理论资源。在语文美育实施过程中作为审美客体的汉语言文学的形式美与审美主体具有异质同构性,作为审美主体的教师和学生的审美心理结构特征及审美心理活动各有其特点。在美育实施中教师与学生必须信息对称交流,并充分发挥各自审美心理活动的优势,在大美育的环境内实施语文美育,以便相得益彰,收效最佳。     

Managing dependency in China outsourcing relationships

Abstract

This paper examines manufacturing firms’ use of guanxi and formal control to address dependence on suppliers and achieve desired outsourcing performance in China. Using survey data collected from manufacturing firms operating in China, a structural equation model is used to test the research model. The results suggest that manufacturing firms with high dependence on suppliers build Chinese guanxi with those suppliers to overcome the dependence and enhance outsourcing performance. In addition, Chinese guanxi also appears to facilitate the use of formal control, which was also found to have a positive relationship with outsourcing performance. This paper contributes to the literature by illustrating the importance of guanxi in achieving desired outsourcing performance in the China context, particularly in the case where a manufacturer perceives high dependency on its major supplier.