排挤与救济:女性的离婚权益

在社会排挤尤其是性别排挤的背景下,女性的离婚权益保障面临弱化的态势。如何救济女性的离婚权益,已成为法学界和司法界共同关注的话题。救济女性的离婚权益,既要关注社会排挤的现实,又要关注离婚救济制度的立法局限和适用制约;既要建构社会性别政策的支持网络,又要完善离婚救济制度的立法设计,进而实现离婚救济制度的形式正义和实质正义,推进婚姻自由原则的实施进程。因此,要救济女性的离婚权益,就必须正视社会排挤尤其是性别排挤导致女性离婚权益弱化的社会现实。忽略这一社会现实,离婚自由便不能真正实现,救济女性的离婚权益也将成为虚妄之谈。     

社会排挤与女性劳动权益的法律救济

在女性劳动权益救济领域,其主要难题是社会排挤.对女性劳动权益的社会排挤,不仅表现为性别歧视,而且也表现为基于性别歧视而引发的户籍歧视、行业歧视、年龄、容貌和身高歧视以及婚姻和怀孕歧视.上述歧视的发生,漠视和剥夺了女性的劳动权益,导致女性劳动权益保障的弱化.对女性劳动权益予以法律救济,就是要消除一切形式的性别歧视和社会排挤,确保女性享有与男性平等的劳动权和其他基本人权,使男女两性从形式平等走向实质平等.救济女性劳动权益的法律路径,在于厘定法律救济的观念基础和法律救济的制度架构,为女性劳动权益的切实保障奠定观念基础和制度基础.     

性别排挤与农村女性土地承包权益的救济

基于男尊女卑的性别歧视与社会排挤,农村女性的土地承包权益往往遭到剥夺与侵害.这不仅严重影响了男女平等原则的实施进程,而且严重制约了女性的生存权和发展权的充分实现.探究女性土地承包权益弱化的现状、后果及原因,有助于摸索、建构救济女性土地承包权益的宏观路径与制度模式,进而为维护女性土地承包权益提供程序法、实体法和伦理观的救济基础.     

农村妇女土地权益的流失与有效救济

我国的《婚姻法》、《妇女权益保障法》、《土地承包法》等有关法律都有妇女与男子享有平等权利,不得侵害妇女合法权利的规     

Property Rights In Marriage and Property Distribution on Divorce: Room for Manoeuvre

The introduction in Australia of a system based on community of property in marriage would probably disadvantage women rather than be of benefit to them. Clearly, however, the present discretionary system of property distribution on divorce is in need of reform. This paper argues that reform can best be achieved by incorporating into the Family Law Act the guidelines and presumptions about equal sharing of family assets which have been established by the courts.     

Probation and Social Exclusion

The paper begins with a brief discussion of the value of the term "social exclusion", before drawing on quantitative (survey) and qualitative (interview) evidence to suggest that young people on the caseload of the probation service are, in general, excluded from the full range of social goods. The basis of this exclusion is not only in poverty and unemployment, but in social and personal insecurity, lack of access to the benefits of education and training, and housing and health problems. It is argued that despite their exclusion these young people have predominantly conventional hopes and aspirations, and that there is therefore no reason to believe that a programme for their social inclusion and reintegration would be doomed to fail. The paper then reviews some aspects of present practice in probation which may tend to increase rather than reduce the exclusionary pressure on those with whom the service works, by stigmatizing and marginalizing them through a narrow focus on their offending. It concludes by suggesting strategies for more inclusionary and integrative practice in the areas of anti-custodialism, restorative justice and reintegrative shaming, community safety, and help with access to education, training and health services. The paper considers what local inter-agency structures are needed to support intensive work on offending, and sketches some characteristics of a probation service committed to social inclusion.     

婚姻形式与财产制度——兼论加里·S·贝克尔对婚姻形式的解释

本文针对加里·S·贝克尔教授所提出的有关“一夫一妻”的婚姻形式的观点，运用新制度经济学和经济社会学的理论及案例研究的方法，考察了历史上现存的各种不同的婚姻形式及相应的家庭组成方式，并通过对子女归属与家庭财产关系的深入研究，进一步证实了不同社会中的各种财产制度是各种相应的婚姻形式及家庭组成方式最重要的决定因素。     

Social Exclusion, Inequality and Social Work

This paper sets out the environment of inequality in which social work and the poor have recently operated. It explores pragmatic and idealist arguments concerning whether or not the poor need social work. Finally, policy solutions developed in consultation with social service users and carers are suggested in relation to poverty and social exclusion. Social exclusion can be linked to relative poverty as exclusion from economic and social norms. However, there is a wider brief in our own government’s publications and those of Europe, of examining how people are excluded from actions and policies of agencies who are there to support them. This paper will retain the concepts of poverty as lack of material income, and inequality as the gap between the rich and the poor, while being aware of the policy implications for social service users and carers of the more comprehensive process of being shut out partially or fully from social, economic, political and cultural systems. The debates around social work, social exclusion and inequality that follow establish: that some of the poor do need social work; that the poverty of social service users is related to policies that have restructured welfare in Britain; that the reason for individuals approaching or being referred to social services are complex but are likely to include financial deprivation as a key contributory factor; that if the poor do need social work, advocacy is essential rather than social work being seen as concerned only with social control—taking children into care, mentally ill people into hospitals, and advising the DSS on the suitability of claimants for benefits. Finally, the discussion turns to new policy agendas on social exclusion instigated by the Labour government. What positive difference can such policies make for social service users, their carers and social workers?.     

哲学社会科学知识产权保护的问题与对策

文章从当前我国哲学社会科学知识产权保护存在的问题谈起,对职务作品与法人作品的区别、作品的署名、完善剽窃的侵权标准、著作权集体管理组织以及网络环境下对著作权的保护五个方面进行了分析,以期对我国哲学社会科学知识产权保护有所益处。     

Poverty, Social Exclusion and Social Policy in the Czech Republic

This article analyses the pattern of poverty and social exclusion in the Czech Republic and the impact of social policy on this pattern. The analysis is mostly based on data from the Czech Survey on Social Conditions of Households (2001; 27,000 respondents); Eurostat data provide a benchmark for making international comparisons. The poverty rate in the Czech Republic is among the lowest in Europe. On the other hand, material deprivation, as well as concentration of poverty within specific population groups, is high, with the unemployed facing the highest risk of poverty. Social policy measures in effect reinforce this pattern: while the benefit system is highly redistributive and effectively eliminates income poverty among households of employed persons and among pensioners, incomes of persons outside paid employment are protected less effectively. Labour market policy measures are insufficient in scope and inadequate in targeting groups which are facing the highest risk of labour market exclusion and poverty. We argue that although this practice is effective at present, it is not sustainable in the long term.     

Housing and the Social Exclusion Agenda in England

In the period immediately following its election in 1997 the current Labour government in the UK declared a commitment to ‘combating social exclusion’ to be at the core of the domestic policy agenda. The interpretation of the term ‘social exclusion’ has been the source of extensive debate. This paper focuses on one aspect of the current debate, exploring the relationship between housing and social exclusion, both in theory and in contemporary central government policy in England. I argue that theoretical imprecision is a very real issue, not least because it allows policy makers to refer to rather vague causal mechanisms or social processes to justify actions and interventions. I identify some of the areas that require further exploration and theoretical development if we are to have a rigorous understanding of the concept of social exclusion and its link to housing. Most fundamentally, I suggest that the question of whether the concept of ‘social exclusion’ contributes anything valuable to our ability to understand social disadvantage needs to be addressed directly.     

婚姻与纵向社会流动--上海市民的婚姻观念

社会实证 “门当户对”是我国封建社会择偶的重 要标准。所谓”门当户对”,是指同一阶层内 部的通婚。中国数千年来婚姻之权皆操之于父母,家庭的成立,不是基于男女两性自觉的恋爱,而是“或为门阀所限,或为金钱所动,或误信于媒约,听命于父母”。这样的婚姻关系,“不成于人而成于物,不因于