我国《民法典》中优良家风条款的规范效力

优良家风进入民法典，可有效化解婚姻家庭法独特的社会化要求与其并入民法典后的社会化相对不足之间的矛盾。优良家风条款通过导入家庭在身份法上的主体地位、明确家庭关系中行为正当性判断的公共秩序范围与来源，以及制衡婚姻家庭法的财产法化倾向，可有效反映婚姻家庭法的伦理性。优良家风条款的效力构成包含了旨在规制家庭权力、社会权力与国家权力的组织规范效力，以及推动道德教化的倡导性规范效力，但其核心是引导司法过程的行为规范与裁判规范效力。在具体适用上，应着重实现优良家风在处理监护人“失管失教”与家庭成员造成外部损害之间的关联性证明、在合理维护家庭稳定与个人自由之间的平衡，在限制假借身份行为谋取不当财产利益行为的功利性效力，以及在创设基于优良家风的独立法益等方面的规范功能。     

Water and the History of China*

Water is the source of all life, and is closely related to human civilization. It had a special significance in China, so the ancient Chinese created the dragon god as a symbol of China, the Chinese and Chinese civilization. It can be said that the unique hydrological conditions on the territory of China created three great historical miracles: China, the Chinese people, and Chinese civilization. The Chinese have dedicated more effort than people in any other countries to water control and water use in order to make effective use of water resources and prevent flooding. It is their unparalleled achievements that have laid the foundation for these three miracles. Today, the Chinese people are facing unprecedented challenges in water control and water use. Exploring the historical Chinese relationship with water offers a good opportunity to understand the important role that water plays in long-term social development.     

Writing resistance together

This piece of writing is a joint initiative by the participants in the Gender, Work and Organization writing workshop organized in Helsinki, Finland, in June 2019. This is a particular form of writing differently. We engage in collective writing and embody what it means to write resistance to established academic practices and conventions together. This is a form of emancipatory initiative where we care for each other as writers and as human beings. There are many author voices and we aim to keep the text open and dialogical. As such, this piece of writing is about suppressed thoughts and feelings that our collective picket line allows us to express. In order to maintain the open‐ended nature of the text, and perhaps also to retain some ‘dirtiness’ that is essential to writing, the article has not been language checked throughout by a native speaker of English.     

BDSM Role Fluidity: A Mixed-Methods Approach to Investigating Switches Within Dominant/Submissive Binaries

This mixed-methods study of BDSM investigates the nuances of BDSM participants’ role identities, role frequencies, and role fluidities—shifts in identities and play across time, location, scene, and play partner. Data were gathered from 202 online surveys and 25 semistructured interviews about participants’ roles given their gender and sexual identities. These data reveal that men tend to self-identify as Dominant, Master, Top, or Sadist (DMTS) and always perform dominant roles, while women tend to self-identify as Submissive, Slave, Bottom, or Masochist (SSBM) and always perform submissive roles. Although this would seem to support the theory that BDSM reinforces gendered dominant/submissive binaries, further analyses indicate that women and queer/pansexual individuals disrupt this binary through their Switch identities and roles. Switching and queer identities, thus, offer the possibility for transforming dominant/submissive and other binaries.     

Critical Reflection on the Ethics of Mindfulness

Mindfulness is a way to achieve mental wellbeing that has been widely adopted as part of counselling and mental health treatment. However, there is a distinct lack of critical reflection about the origins of this technique, how it is used, and the implications it has for the beliefs of clients. The purpose of this paper is to provide a carefully considered response to the use of humanistic mindfulness. Social workers need to explain why they recommend mindfulness, and explore culturally consistent and sensitive practice, so that they are abiding by the Australian Association of Social Workers Code of ethics.

IMPLICATIONS

• The use of mindfulness in social work practice requires careful consideration as to its impact and relevance to clients’ needs.

• Mindfulness originates in philosophical traditions distinct from mental health treatment.

• In choosing to use mindfulness social workers require consistent and sensitive understanding of clients’ needs, world views, and culture.

     

Female fertility history and mid-late-life health: Findings from China

China’s middle-aged and older women suffer from poorer health than men. Using national baseline data from the China Health and Retirement Longitudinal Study (CHARLS), a survey conducted from 2011 to 2012, this article applies logistic models to investigate the association between female fertility history (parity, early childbearing, late childbearing) and middle-aged and late-life health. We find that parity is related to the mid-late-life health of women. Women with four children or more are more likely to suffer from activities of daily living (ADL) impairment and poorer self-rated health than those with one to three children. Early childbearing is associated with ADL impairment; however, the correlation is mediated by socioeconomic status. Early childbearing is related to self-rated health in later life by an indirect-only mediation effect via educational attainment and personal income.     

承揽合同之工作物受领问题——以中国台湾地区为视角

承揽工作物的受领,在中国台湾地区由于"民法"没有认为是定作人的义务,在"政府采购法"上虽然有规定,却因为契约约定将受领与验收画同等号,常有定作人迟迟不办理验收情况.又欠缺德国民法及VOB/B第12条第2项,承揽人得请求定作人就部分完成之工作,分别受领之约定,使承揽人暴置于现金流量不足的风险.从比较法的角度,讨论德国、瑞士及FIDIC新红皮书之规定,作为解决困境之参考.     

Vocational Status,Hukou and Housing Migrants in the New Century: Evidence from a Multi-city Study of Housing Inequality

In the 1960s and 1970s, the countries of Central and Eastern Europe and the Soviet Union experienced an unanticipated stagnation in the process of mortality reduction that was accelerating in the west. This was followed by even starker fluctuations and overall declines in life expectancy during the 1980s and 1990s. We identify statistically the extent to which, since the 1990s, the countries of the post-communist region have converged as a group towards other regional or cross-regional geopolitical blocks, or whether there are now multiple steady-states (‘convergence clubs’) emerging among these countries. We apply a complex convergence club methodology, including a recursive analysis, to data on 30 OECD countries (including 11 post-communist countries) drawn from the Human Mortality Database and spanning the period 1959–2010. We find that, rather than converging uniformly on western life expectancy levels, the post-communist countries have diverged into multiple clubs, with the lowest seemingly stuck in low-level equilibria, while the best performers (e.g. Czech Republic) show signs of catching-up with the leading OECD countries. As the post-communist period has progressed, the group of transition countries themselves has become more heterogeneous and it is noticeable that distinctive gender and age patterns have emerged. We are the first to employ an empirical convergence club methodology to help understand the complex long-run patterns of life expectancy within the post-communist region, one of very few papers to situate such an analysis in the context of the OECD countries, and one of relatively few to interpret the dynamics over the long-term.