关于保险合同法中的最大诚信原则问题

保险合同的特殊性衍生了最大诚信原则,保险合同对于诚信原则的要求远远大于其他合同,这体现在对投保人与保险人的特殊要求。最大诚信原则对投保人的要求主要是如实告知与履行保证,对保险人的要求则主要是弃权与禁止反言,我国保险法上对此均有一定的特殊反映,同时也存在不容忽视的立法缺陷。     

美、德存款保险制度比较及对我国的启示

良好的存款保险制度对维护金融稳定、防范金融危机和保护存款者利益具有重要作用。美国联邦存款保险制度和德国非官方自愿存款保险制度是世界上存款保险制度的两种基本模式,德国的存款保险制度体现出附带有强制性的自愿式模式特征;美国的存款保险制度具有典型的强制性特征。对美、德存款保险制度包括存款保险体制、存款保险机构组织模式、投保方式和投保机构及保险范围、存款保险基金来源、存款保险赔付金额及保险费率管理进行比较研究,结合我国实际,对我国存款保险制度进行了初步的构想。     

大学生志愿者服务活动的法律责任探析

包括大学生志愿者服务在内的整个志愿者服务活动,属于新兴的社会活动领域,相关的法律法规亟待完善。大学生志愿者服务行为因其无偿、公益等特质,需要予以特别的法律保护。因此,一般情况不宜适用无过错责任原则加重其法律责任,只是当大学生志愿者没有履行对被服务者的人身和财物安全最低限度的注意义务而致使其受到损害时,志愿者和活动组织者(志愿者组织)才需承担无过错责任。     

上市公司信息公开与股东权益的保护

股东权益保护在上市公司信息公开法律规范中居重要的地位。深入揭示上市公司的组织特点所致股东权益保护的迫切性及信息公开制度本身的功能与股东权益保护之内在关联的基础上,对中国之相关实践现状,予以理性剖析,最后就完善我国相关制度提出一些政策性建议。     

Conjugal intimacy,gender and modernity in contemporary China

The new generation of modernity theorists have forecast the democratization of gender relations within intimate relationships in late‐modern times. Chinese society has undergone rapid and dramatic changes in its unique trajectory of political, social and economic reform. Using China as an example of a region which has been largely ignored in contemporary social theory, this article enters the debate to contest the extent to which conjugal relationships are democratized in line with modernity. We further test the assertion that modern marriages are characterized by increased self‐disclosure and communication between partners. Data from a national survey on Chinese families is analysed in relation to the level of self‐disclosure between husbands and wives; gender division of housework; household decision‐making; and home ownership. We highlight the impact of gender, cohort and location (urban, rural or migrant) on experiences of modernity and draw attention to the material, social and cultural factors which continue to shape conjugal relations in contemporary Chinese society. Based on our findings, we contest the argument that disclosing intimacy between intimate partners is a defining characteristic of modern relationships, and suggest that other social factors may condition degrees of self‐disclosure in marriage. Similarly, we question the extent to which heterosexual conjugal equality is attained: the cultural practices and values of patrilineal family organization, together with material circumstances, continue to influence marital relations in China.     

Staff Reactions Toward Lesbian,Gay, or Bisexual (LGB) People Living in Residential Aged Care Facilities (RACFs) Who Actively Disclose Their Sexual Orientation

Fifty-three staff members currently working in residential aged care facilities located in Barcelona, Spain, were asked about the way they would react if a resident told them that he or she felt sexually attracted and had maintained sexual relationships with another resident of the same gender. Acceptance of non-heterosexual sexual orientation was a frequent answer, and around one in four professionals stated that they would try helping the resident in question, by offering a private space or giving some emotional support. However, some reactions were not consistent with a respectful approach toward sexual diversity, as, for instance, informing the resident’s family or advising the resident to keep his or her sexual orientation hidden. We highlight the importance of developing formal policies and offering formal training to staff in order to address the specific needs of older LGB people living in RACFs.     

Examining the Effects of a Service-Trained Facility Dog on Stress in Children Undergoing Forensic Interview for Allegations of Child Sexual Abuse

Disclosure of child sexual abuse can be a stressful experience for the child. Gaining a better understanding of how best to serve the child, while preserving the quality of their disclosure, is an ever-evolving process. The data to answer this question come from 51 children aged 4–16 (M = 9.1, SD = 3.5), who were referred to a child advocacy center in Virginia for a forensic interview (FI) following allegations of sexual abuse. A repeated measures design was conducted to examine how the presence of a service-trained facility dog (e.g. animal-assisted intervention (AAI) may serve as a mode of lowering stress levels in children during their FIs. Children were randomized to one of the two FI conditions: experimental condition (service-trained facility dog present-AAI) or control condition (service-trained facility dog not present- standard forensic interview). Stress biomarkers salivary cortisol, alpha-amylase, immunoglobulin A (IgA), heart rate, and blood pressure, and Immunoglobulin A were collected before and after the FI. Self-report data were also collected. Results supported a significant decrease in heart rate for those in the experimental condition (p = .0086) vs the control condition (p = .4986). Regression models revealed a significant decrease in systolic and diastolic blood pressure in the experimental condition (p = .03285) and (p = .04381), respectively. Statistically significant changes in alpha-amylase and IgA were also found in relation to disclosure and type of offense. The results of this study support the stress reducing effects of a service-trained facility dog for children undergoing FI for allegations of child sexual abuse.     

Checkbooks in the Heartland: Change over Time in Voluntary Association Membership

Numerous scholars documented declines in America's social capital through the mid‐1990s but we do not know whether the trend has continued. Further, despite warnings by Robert Putnam and Theda Skocpol that the quality of Americans' voluntary association memberships has also deteriorated—moving from active, “face‐to‐face” memberships to passive, “checkbook” memberships—data have not been available to test this claim. In this article, we use both the Iowa Community Survey and the General Social Survey to explore the changing nature of voluntary association membership between 1994 and 2004. We demonstrate that not only are declines in voluntary association memberships continuing in the new century but there has been a shift in the intensity of voluntary association participation over time. We observe a decline in active membership over time and an increase in checkbook membership over time. These findings provide support for Putnam's claim that checkbook membership is increasing at the expense of more active types of memberships.