试论银行业抵押权的实现途径——兼评《物权法》第一百九十五条

众所周知,贷款业务是银行业的主要利润来源,而为贷款合同保驾护航的银行抵押权能否顺利实现事关整个金融体系的稳定与安全。本文将在全面剖析国内外商业银行抵押权实现途径的基础上,对《中华人民共和国物权法》第一百九十五条的相关规定予以评析,力求对立法和司法有所裨益。     

历史唯物主义的自由概念

历史唯物主义从"现实的个人"及其实践活动出发探讨自由问题,不仅扬弃了自由的抽象性,使其具有科学的内涵,也揭示了自由本质上是历史发展的产物,历史是"现实的个人"走向"自由个性"的过程,是"自由个性"的生成过程,还揭示了实现自由的社会历史条件.     

非物质文化遗产保护的背景与对策

自2003年联合国教科文组织《保护非物质文化遗产公约》颁布以来,我国非物质文化遗产保护工作取得了长足的进展。重庆作为西部地区的文化重镇,有着丰富的非物质文化遗产资源,自2005年以来,重庆按照国家的部署开展了非物质文化遗产保护工作,从现实进展来看,还需要在深入分析的基础上,从思路、策略以及具体操作等方面予以加强。     

Variations in Citizenship Profiling by Generational Status: Individual and Neighborhood Characteristics of Latina/os Questioned by Law Enforcement About Their Legal Status

Although racial profiling is widely studied, the related issue of citizenship profiling by law enforcement has received little scholarly attention. In this study we begin to address citizenship profiling, which may be highly salient in light of the increasing policing of immigration in the United States through Secure Communities and other federal, state and local efforts to localize the enforcement of immigration laws. Using a sample of 563 Latina/o adults residing in 46 neighborhoods in El Paso County, Texas, USA, we assess the impacts of a variety of individual and neighborhood characteristics on the likelihood of being questioned about citizenship status by law enforcement. Results using hierarchical generalized linear models (HGLMs) show that, at the individual-level, first-generation Latina/o immigrants and second-Latina/os are more likely to be questioned about citizenship status than third- and later-generation Latina/os. At the neighborhood-level, living in a neighborhood with a mid-level of Latina/o immigrant characteristics increased the probability of being questioned. The implications of these findings for citizenship profiling are discussed.     

Living a Deportation Threat: Anticipatory Stressors Confronted by Undocumented Mexican Immigrant Women

Previous sociological research shows that exposure to stress varies by individuals’ social statuses and is a central mechanism in producing mental health disparities. This line of research suggests that ethnoracial groups are more exposed to racial discrimination, thus negatively impacting their mental health. There has also been a growing literature showing how legal status impacts the mental health of immigrants and their families. However, the sociology of mental health and migration literature has largely remained disparate. This paper bridges these literatures to highlight how living a deportation threat manifests itself as an anticipatory stressor that negatively impacts undocumented Mexican migrant women’s access to resources, social relationships, and social roles. Based on 30 semi-structured in-depth interviews with undocumented Mexican immigrant women from Houston, Texas, my findings reveal living a deportation threat is a perpetual anticipatory stressor that intensifies the effects of avoiding authorities, family fragmentation, and economic uncertainty. I argue this anticipatory stressor transforms into a chronic stressor that undocumented Mexican women confront daily. By situating this study within an anti-immigrant social context, it highlights the social processes and mechanisms that exacerbate the stressors undocumented Mexican immigrant women confront.     

Deconstructing Immigrant Illegality: A Mixed-Methods Investigation of Stress and Health Among Undocumented College Students

Research has established that being undocumented is a risk factor for mental and physical health conditions. Much of this work emphasizes undocumented immigrants’ chronic stress, yet key questions about pathways to health remain. The mere state of being undocumented is viewed as a general stressor, without considering actual levels of stress or identifying dimensions of documentation status that contribute to overall stress levels. Drawing on surveys and interviews with undocumented students at the University of California, we uncover the everyday manifestations of four dimensions of immigrant “illegality”: academic concerns, future concerns, financial concerns, and deportation concerns, and their association with reported stress levels and self-rated health. Survey data establish undocumented students’ high levels of stress and poorer health, in comparison to previous research on other national samples. In a structural equation model, we found academic and future concerns to be significantly associated with higher stress, which was in turn, associated with poorer self-rated health. Financial concerns were not associated with higher perceived stress but were directly associated with poorer self-rated health. Notably, deportation concerns did not have any significant independent associations with stress or health. We use our qualitative data to identify specific stressors embedded within these four dimensions. Our findings inform understandings of the health risks arising from documentation status.     

1978年以来中国改革成功的原因探究——有限理性政府试错式改革与满意实现

实现改革过程中经济社会的平稳和发展即满意,需要政府的合理抉择;而政府的有限理性则决定了合理的政府抉择必须是一个基于解决问题,采取合适试错方式的改革过程。解决问题要求政府通过信息分析,准确诊断社会状况,提出事前能为社会接受的改革方案。合适试错式改革要求有限理性政府通过试错式改革平衡社会发展和稳定的动态要求,掌握改革主导权。就迄今为止的中国改革而言,由于政府在试错式改革过程中牢牢把握住了发展、改革和稳定三位一体的执政理念,时刻注意自己的抉择与经济社会的协调,从而能比较满意地实现改革目标。     

Mobile Ungleichheiten. Eine sozial- und infrastrukturelle Differenzierung des Mobilitätstheorems

The core claim of the Mobilities Paradigm which understands the social as constituted through movement also implies, that mobility emerges from socially and spatially structured situations and therefore, mobility cannot be derived from individual properties alone. With the aim of translating the stratifying dimension adequately into methods, the contribution presents an international comparative correspondence analysis searching for specific patterns of residential migration and commuting distances of couple households.     

Impact of low fertility and early age at sterilisation on women’s formal education and skill development in South India

This paper examines the impact of low fertility and early age at sterilisation on women’s formal education and skill development in South India. Multilevel ordered-logit modelling of pseudo-cohort data re-organised from the three rounds of National Family Health Survey, and thematic analysis of qualitative data collected from Tamil Nadu and Kerala states showed no evidence of women’s resumption of formal education or uptake of skill development training in the post-sterilisation and post-childcare period. While resuming formal education in the post-sterilisation and post-childcare period is harder to achieve for various individual, household, community and policy reasons, there is greater preparedness and support for women to undertake skill development training. As low fertility and early age at sterilisation are widely regarded as the emerging reproductive norm in India, post-sterilisation and -childcare women will be a significant population group both in number and in proportional terms. No government policies or programs have so far recognised this group. India’s new government should consider targeted skill development programs for post-sterilisation and -childcare women appropriate to their social, economic and educational levels. An important contribution of the family planning program, particularly female sterilisation, for the economic and social development of the family and the wider society will otherwise be lost.     

Welfare reform and immigrant fertility

Immigration policy is at the forefront of US policy discussions, and the use of welfare benefits by immigrants has been hotly debated. In 1996, Congress enacted welfare reform legislation, which imposed strict restrictions on welfare eligibility for noncitizens. However, a number of states restored access to welfare benefits to immigrants that had been cut out in the federal welfare reform law. Using data from the Current Population Survey, we examine whether immigrant women adjusted their childbearing in response to changes in the generosity of welfare benefits at the state-level. We find that noncitizen women reduced their fertility in response to cutbacks imposed by the legislation. Our findings, which prove robust to a number of identification and robustness checks, underscore how immigrants respond to state-level policies and provide insight into the potential impacts of comprehensive immigration reform, particularly the components related to the path to citizenship and access to public benefits.