类型化视域下自然保护地立法的制度建构

自然保护地在维持生态平衡,实现生态系统服务功能中可以发挥重要作用,但不同类型自然保护地的主导生态系统服务功能供给存在一定差异.《自然保护地法》立法工作须依赖理论上对自然保护地的类型化,并在此基础上建构对应型的规划建设、运营管理等方面的具体制度.因此,基于生态系统服务功能供给的空间差异,可以将当前相互重叠、缺乏体系的自然保护地划分为国家公园、自然保护区、自然公园、自然保护小区等四种类型,搭建"1部基础法律+4部类型化条例(或法律)"的自然保护地法律体系,并可以通过体系化公法、私法制度工具强化自然保护地的有效治理.     

集体行动视角下的制度逻辑演化机制研究

通过对我国专车服务市场制度变革过程的纵向案例研究，探讨了组织场域中的集体行动如何推动制度逻辑演化的内在机制问题。研究发现：制度逻辑的演化过程主要经历了分离、冲突和共存三种状态，不同的制度逻辑的演化是由行动主体能动性策略和资源利用所构建的集体行动模式差异性驱动的。制度变革机会的涌现促使场域中的行动主体采用协调性的集体行动模式，促成了新制度逻辑的生成，并导致了新、旧两种制度逻辑的分离；在制度变革机会变得模糊的场域中，行动主体非协调的集体行动促使新、旧两种制度逻辑之间的激烈冲突；而在制度变革机会沉没的情境下，行动主体再协调性的集体行动最终促成了新、旧两种制度逻辑的共存。研究结论对我国当前复杂制度环境下新兴业态的发展以及传统业态的协同治理提供了重要的借鉴和启示。     

Age limits for participation in child protection court proceedings in Sweden

According to the UN Convention on the Rights of the Child and Swedish legislation, children have the right to participate in child protection proceedings. The aim of this paper is to describe and analyse the notion of age and maturity in child protection proceedings in order to elucidate how these aspects could influence children's rights to participate. We focus on the view of three groups of actors involved in child protection proceedings in Sweden—social workers, lawyers, and laypersons in social welfare boards and administrative courts—and on how children's age and maturity should be taken into consideration in decisions on their participation in court. The analysis is based on survey data. The study found that social workers, laypersons, and lawyers have different views on when children are old enough to have the right to litigate in court. Additionally, there is no consensus on how the maturity of the child can be assessed to inform the decision about participation. More discussion is needed about what competences a child needs to participate in court and to what extent this right should be limited by their age. Importantly, courts and decision‐making proceedings can be made more child friendly.     

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。     

Decision‐making under uncertainty in child protection: Creating a just and learning culture

The argument is made for having a positive error culture in child protection to improve decision‐making and risk management. This requires organizations to accept that mistakes are likely and to treat them as opportunities for learning and improving. In contrast, in many organizations, a punitive reaction to errors leads to workers hiding them and developing a defensive approach to their practice with children and families. The safety management literature has shown how human error is generally not simply due to a “bad apple” but made more or less likely by the work context that helps or hinders good performance. Improving safety requires learning about the weaknesses in the organization that contribute to poor performance. To create a learning culture, people need to feel that when they talk about mistakes or weak practice, there will be a constructive response from their organization. One aspect of reducing the blame culture is to develop a shared understanding of how practice will be judged and how those appraising practice will avoid the hindsight bias. To facilitate a positive error culture, a set of risk principles are presented that offer a set of criteria by which practice should be appraised.     

页岩气开发环境风险的法律规制思考

目前，我国在页岩气开发的环境保护方面存在着大量的法律空白，往往只能参照环境保护法和矿产资源法中的相关规定进行规制，无法有效解决页岩气开发暴露出来的环境问题。页岩气开发环境风险的法律规制，核心目的就是解决当前页岩气开发中的环境风险，促进页岩气开发与环境保护相协调，实现能源开发的可持续发展。在页岩气开发环境风险的法律规制方面，英美两国已经探索出一些经验和制度。积极借鉴国外有益经验，努力改进和完善我国应对页岩气开发环境风险的法律规制，对实现我国页岩气开采的经济效益、社会效益和环境效益三者的统一具有重要的现实意义。     

Risk factors for child maltreatment in South Korea: An investigation of a nationally representative sample

This study investigated the risk factors associated with the occurrence of child physical and psychological abuse in South Korea based on the ecological theory of child maltreatment. A subsample of 3‐ to 18‐year‐old children from “A Study on the Current State of Child Abuse and Neglect,” a nationally representative study on child abuse and neglect, was utilized for secondary data analysis. The sample was divided into two age groups (third graders in elementary school and below and fourth graders and above). We utilized hierarchical logistic regression for each age group separately to analyze the data. The variables at each level of the system (i.e., ontogenic development, microsystem, and exosystem) were entered into the model in sequential order. The results showed the common risk factors for both age groups are the caregiver's experience of abuse in childhood, the child's problem behavior, exposure to domestic violence, community size, and informal social control. The child's age was also significant in both groups but in the opposite direction. Social support was a significant predictor for the younger age group only, while the caregiver's level of education was significant for the older age group only. Implications for future research and practice are discussed based on the study results.     

Maternal and paternal reactions to child sadness predict children's psychosocial outcomes: A family‐centered approach

Parents' reactions to children's emotions shape their psychosocial outcomes. Extant research on emotion socialization primarily uses variable‐centered approaches. This study explores family patterns of maternal and paternal responses to children's sadness in relation to psychosocial outcomes in middle childhood. Fifty‐one families with 8‐ to 12‐year‐old children participated. Mothers and fathers reported their reactions to children's sadness and children's social competence and psychological adjustment. Cluster analyses revealed three family patterns: Supportive (high supportive and low non‐supportive reactions from both parents), Not Supportive (low supportive reactions from both parents), and Father Dominant (high paternal supportive and non‐supportive reactions, low maternal supportive and non‐supportive reactions). Supportive families had children with higher social competence and more internalizing symptoms whereas Father Dominant families had children with lower social competence and fewer internalizing symptoms. Not Supportive families had children with average social competence and fewer internalizing symptoms. Findings are discussed in relation to the “divergence model” which proposes that a diverse range of parental responses to children's sadness, rather than a uniformly supportive approach, may facilitate children's psychosocial adjustment.