相对人抵抗权与中国的行政法治实践

无效行政行为因具有重大和明显的违法情形而自始不发生任何法律效力.为维护自身合法权益,相对人对无效行政行为除了可以不受任何时间限制地通过申诉、申请复议、提起诉讼等途径寻求救济外,有权无视其存在,拒绝履行义务,必要时甚至可以进行正当防卫.鉴于我国有关相对人对无效行政行为抵抗权的立法现状和存在问题,应该在今后的行政程序立法中,进一步确立和完善相对人抵抗权制度,并重点解决以下几个方面问题:(1)明确无效行政行为的确认标准;(2)增加对侵益性无效行政行为的防卫规范;(3)建立确认无效的特别程序;(4)改革现行强制执行的司法审查程序.     

More than just pain?! A systemic compass for working with people with chronic pain

Over one in four people in Belgium experience severe physical pain. One in 10 people develop chronic pain every year worldwide. Treatment of chronic pain is based on the biopsychosocial model. Scientific views state, among other things, that pain is a threat to the social self, which is an interesting point of entry for (mental) health-care providers. Conversations with people with chronic pain are always about more than just their pain; they are interesting and cover a lot of ground. Talking about feelings of being hard done-by, clarifying the complexity of the situation, examining the body as an autonomous entity, offering psychoeducation as a hypothesis, and a general attitude of not-knowing form a compass that allows us to attune to the patient and not take up an advisory position. Living with chronic pain requires negotiating with the outside world, being allowed to care for and consider the body, and being allowed to differ from the norm and still fit in enough in a world where the body is just a background figure. An identity transformation and the effects of trauma are described. We meet Eddy and Anne, both dealing with chronic pain, who bring theory alive. The author gives an insight into her personal search and struggles as a psychotherapist introducing systemic psychotherapy in chronic pain patients.     

统一战线的国际使命及其方针策略

本文探讨当前国际形势下,我国建立国际统一战线的重要性和必要性及其战略意义,并提出完成国际使命所需要的方针策略。     

Animals,Agency and Resistance

In this paper we develop a relational approach to the question of animal agency. We distinguish between agency and action and, using three examples of non‐human animal behaviour, explore how human‐other animal interactions might be understood in terms of action, agency and resistance. In order to do this we draw on the distinction between primary and corporate agency found in the work of Margaret Archer, arguing that, while non‐human animals are able to act and to exercise primary agency, they are unable to exercise corporate agency. Animals are therefore agents; they act and their actions have consequences, they also resist conditions which they do not like and, in some circumstances, are able to change the conditions of their agency. We discuss the place of animals in the social world and the political implications of this way of viewing animal agency.     

Being alone or becoming lonely? The complexity of portraying ‘unaccompanied children’ as being alone in Sweden

Research has largely focused on ‘unaccompanied minors’ as a vulnerable group at risk of developing psychological problems that affect their health. Separation from primary caregivers is considered one of the foremost reasons for these young people’s proposed loneliness. Thus, the official and ascribed identity is that they are lonely and that loneliness is their major problem. But research has seldom given the young people themselves an opportunity to express their views in an attempt to trace the often situational, dynamic and complex nature of social and emotional life. The present article analyses how ‘unaccompanied minors’ talk about everyday life and themes related to loneliness. The authors followed 23 ‘unaccompanied minors’ during a period of a year through ethnographic observations and qualitative interviews. Results: Loneliness may occur when these young people experience lack of control in managing life and when they feel no one grieves for them; loneliness may be dealt with by creating new social contacts and friends; loneliness may be reinforced or reduced in encounters with representatives from ‘the system’; the young people may experience frustration about being repeatedly labeled ‘unaccompanied’ and they may create a resistance to and critical reflexivity towards this labeling.     

Joking aside: Theorizing laughter in organizations

Humour is becoming an increasingly prevalent topic in organization studies. On the one hand, humour is said to enable workers to undermine management control; on the other hand, humour is said to provide managers with a resource for ensuring compliance with corporate objectives. This paper seeks to challenge the duality found in the literature between rebellious and disciplinary forms of humour by examining the meaning and significance of laughter in organizations. Following Bergson, it will be argued that laughter serves to rectify overly rigid behaviour that has temporarily disrupted the natural elasticity of life. This will serve to attune us to the way in which laughter – whether it is directed at a dominant group or a marginalized group – plays a socially normative role in organizations through processes of ridicule and embarrassment.     

我国公民检举权的理论基础

公民检举权既是为了满足人们的现实生活需要而产生的,同时也是历史文化积淀的结果,它具有深厚的理论基础。公民检举权来源于人民主权。公民通过行使检举权,来保证自己主权的实现。公民检举权同时也是公民运用自己的监督权利来制约国家权力的违法失职行为,因而是权利制约理论以及抵抗权理论的逻辑延伸。     

农民反抗和工人罢工的生态政治学--基于裴宜理两部代表作的分析

裴宜理从生态视角出发,运用个案研究方法,深入分析了19世纪中期至20世纪中期淮北农民反抗运动和20世纪20-40年代上海工人罢工。在她看来,华北农民的暴力传统,实质是他们面对恶劣的生态环境所采取的一种生存策略。上海工人在地缘祖籍、性别、教育程度、技术掌握程度和城市生活适应程度上都存在差异,这种差异会影响他们的抗议方式和政治倾向。这就是农民暴力和工人罢工的生态政治学。从方法论层面而言,这更近于呈现事物本来面貌的解读传统,而不是致力于揭示事物之间相互关系的解释传统。近年来,有学者尝试建立整合性的政治行为分析框架,主张结合宏观社会结构和微观行动分析,重视国家与社会关系在解释社会政治行为中的作用。此外,政治领域的文化心理分析自20世纪晚期以来的重新复苏也揭示了另一种可能的整合路径。     

Antibiotic Resistance in Urinary Tract Infections in College Students

Abstract

Objective: To determine resistance to antibiotics of Escherichia coli in uncomplicated urinary tract infections (uUTIs) in female college students. Participants: Symptomatic patients presenting to a student health service from September 2008 to December 2009. Methods: Clean catch midstream urine samples were tested for urinalysis (UA) and culture and sensitivity. Results: Of 168 students enrolled in the study, 138 had positive UA, and 94 of these grew >100,000 colonies/mL of E. coli. Ampicillin resistance was 31.9%, trimethoprim-sulfamethoxazole (TMP-SMX) resistance 16.0%, ciprofloxacin resistance 4.3%, amoxicillin/clavulanate resistance 3.2%, and nitrofurantoin resistance 1.1%. The sensitivity of UA was 95.4% and the positive predictive value was 87.0% (p ≤ .001). Specificity was 77.5% and negative predictive value 92.9%. Conclusions: In healthy college women with uUTI symptoms, TMP-SMX should not be universally used for empirical therapy, whereas use of ciprofloxacin, amoxicillin/clavulanate, and nitrofurantoin are appropriate.