依法遏制婚外恋论略

当前,我国每年约有40万个家庭解体,其主要原因就是婚外恋。本文简要分析了婚外恋的特点、原因及其后果,着重阐述了遏制婚外恋的措施,以保护妇女、儿童的合法权益,净化社会风气。     

基于创新过程的现代生物技术企业知识产权策略研究

从技术创新的基本过程出发,分析了现代生物技术企业在不同创新阶段知识产权所具有的特点,建立了现代生物技术知识产权策略与创新过程相结合的模型,探讨了现代生物技术企业在技术创新的不同阶段所应采取的知识产权策略,以期对现代生物技术企业的知识产权保护实践有所贡献。     

阶段融资框架下的风险投资企业控制权配置研究

基于不完全合约理论,在阶段融资架构下,分析了控制权初始占优配置以及随阶段进程的重新谈判与转移过程。通过分析两种不同控制权初始配置的优劣势并对其效率进行比较,本文发现项目发展前景和双方阶段融资时刻的谈判能力将影响控制权的初始占优配置;在阶段融资时刻,项目的盈利能力水平决定了风险投资家的最优阶段投资决策以及阶段时刻控制权的最优调整。研究结论解释了Kaplan和Str觟mberg关于控制权配置的实证结果。     

The majority legal status of women in southern Africa: implications for women and families

Women in many countries of southern Africa do not have majority status or have only recently gained this right. Majority status grants individuals adult legal status and the right to bring matters to court, own and administer property, have legal custody of children, and contract for marriage. This article summarizes the legal status of women in Botswana, Lesotho, South Africa, Swaziland, Zambia, and Zimbabwe. Lack of majority status contributes to the ongoing risk of poverty for women and makes them overly dependent on men. Compounding the situation in these countries is the presence of a dual legal system. Improving the situation of women and their families involves targeting changes in the legal system, influencing implementation of laws, educating women about their rights, and giving women needed support to seek their legal rights. The legal status of women must be viewed in the context of historical changes in the economic, educational, political, and cultural developments of society.The research for this paper was conducted during her previous faculty affiliation with the University of Michigan, School of Social Work. Her research interests include the impact of social change on women and families, rural mental health services, and health and mental health linkages. She received her Ph.D. from Rutgers University and her M.S.W. from the Columbia University School of Social Work.Her research interests are gender, work and family, culture and power, social transformations in rural and peri-urban communities, critical education, women and community politics, history of women, family and kinship issues, and community-based program development and evaluation. She received her M.S.W. from Dalhousie University, Halifax.     

A Measure of Justice: The Rabinal Human Rights Movement in Post-War Guatemala

This article explores one region’s struggle for human rights and legal justice in post-war Guatemala. Rabinal—a target of state-directed genocide in the 1980s—suffered one of the highest fatality levels of the war. In the post-war era, Rabinal human rights activists have led the struggle to demand exhumations of mass graves, build memorials, and push for criminal investigations and trials. Despite some important local victories, few of those responsible for the violence have received punishment. But that does not mean this movement is a failure. Instead, this article highlights the cultural, expressive and inprocess benefits of mobilization. Rabinal activists have restored their sense of agency and confirmed their collective identity as fighters for legal justice. Meanwhile, this local mobilization has contributed to Guatemala’s uneven process of democratization.

The contribution of the United Nations Convention on the Rights of the Child to understanding and promoting the interests of young people making the transition from care to adulthood

The United Nations Convention on the Rights of the Child (UNCRC) acknowledges that young people without parental care are entitled to special support and assistance from the State. In detailing their expectations, the UN Committee have issued Guidelines for the Alternative Care of Children which recognise that State parties have a number of responsibilities towards care leavers. The paper explores how the UNCRC reporting process, and guidelines from the Committee outlining how States should promote the rights of young people making the transition from care to adulthood, can be used as an instrument to track global patterns of change in policy and practice. Content analysis of State Party Reports and Concluding Observations from 15 countries reveals that to date there has been limited engagement with understanding and promoting the needs of this group in the reporting process; although where a government is committed to developing legislation and practice then this does find its way into their national reports. Data supplied by affiliates of the International Research Network on Transitions to Adulthood from Care (INTRAC) reveals that national concerns, political ideology, public awareness, attitudes and knowledge of the vulnerability of care leavers influence service responses to protect and promote the rights of this group and the attention afforded to such issues in reports to the Committee. Findings also suggest that global governance is not simply a matter of top down influence. Future work on both promoting and monitoring of the impact of the UNCRC needs to recognise that what is in play is the management of a complex global/national dynamic with all its uneven development, levels of influence and with a range of institutional actors involved.     

税法理念探析

税法理念问题是税法领域研究的空白之处。在当前非均衡发展的经济背景下,如何通过揭示税法的理念来衡平税收法律关系各方利益是我们研究的主要命题。通过对理念和法的理念的初步考察后明确了税法理念的内涵与功能。然后在提出了认知税法理念的途径之后,确立"无代表不得征税"为税法的元理念,并在此基础上引申出税收法定、纳税人权利本位和税收负担实质公平三个理念。     

论扣押程序的正当化与域外资产追回机制

在我国,扣押是一种常规的对物的侦查手段。在启动程序、决定程序、配套程序、程序救济与制裁等方面,我国扣押制度存在一系列问题,影响了它在域外资产追回中应有的作用。当前,我国可在坚持司法主权的原则下,将扣押界定为刑事强制处分、明确其所有权归属、坚持司法救济原则、完善司法协助中异议与裁决机制。     

Institutionalizing Counter‐Memories of the U.S. Civil Rights Movement: The National Civil Rights Museum and an Application of the Interest‐Convergence Principle

During the post–Reconstruction era in the United States, white southerners marked the cultural landscape with monuments and memorials honoring the Confederate cause and its heroes. These racialized symbols enjoyed an undisputed claim to public squares and parks throughout the South. It was not until the late twentieth century that commemorations to the black freedom struggle were publicly supported. This analysis examines the institutionalization of counter‐memories of the civil rights movement in Memphis, Tennessee at the Lorraine Motel, the site of the assassination of Reverend Dr. Martin Luther King, Jr. The author draws on collective memory, cultural trauma, and social movements research as well as critical race theory to explain the creation of the National Civil Rights Museum. Using primary and secondary data sources the author examines how social memory agents, a changing political culture, and the passage of time mediated the cultural trauma of King's assassination and influenced the institutionalization of oppositional collective memories. Relying on Derrick Bell's interest‐convergence principle, the author concludes that the creation of this major memorial museum was a result of the convergence of white and black interests, specifically the economic and political interests of white elites and the cultural and political interests of black symbolic entrepreneurs.