侵犯著作权行为的刑事法分析

侵犯著作权的行为在我国近年有愈演愈烈的趋势,并且产生了一些新的侵权行为。相形之下,现行刑法中的相关规定在打击侵犯著作权行为的实践中渐显滞后。综观我国侵犯著作权立法的历史沿革和现行刑法中有关侵犯著作权罪的犯罪构成,结合司法实践,要从扩展刑法对著作权的保护范围,取消犯罪主观案件中的非法营利目的,侧重于对被害人的实质补偿,修改罚金刑、增强其可操作性,确立对侵犯著作权犯罪以自诉为主、公诉为辅的犯罪追诉模式和充分保护著作权人的权益以及社会公共利益等方面,进一步完善我国侵犯著作权罪的相关规定。     

Motherhood Penalties and Living Arrangements in China

Past research on the “motherhood wage penalty” has been based on data from nuclear families, leaving open the possibility that the motherhood wage penalty may be lower or even absent in multigenerational families. In this article, the wage gap between mothers and nonmothers is examined in nuclear and multigenerational families in the context of contemporary China, which has a long tradition of patriarchal families. Using 1993 to 2006 China Health and Nutrition Survey data, the magnitude and variation of motherhood penalty is explored with fixed effects models among 1,058 women. The results show that each additional child lowers hourly wages by about 12%. In addition, the motherhood penalty is largest for women living with their husbands' parents, smaller for women not living with parents, and nil for women living with their own parents.     

High Educational Aspirations Among Pregnant Adolescents Are Related to Pregnancy Unwantedness and Subsequent Parenting Stress and Inadequacy

On the basis of theories of maternal identity development, role conflict, and childbearing motivation, the authors tested whether high educational aspirations among pregnant adolescents are related to the unwantedness of the pregnancy and whether pregnancy unwantedness leads to subsequent parenting stress and inadequacy. Longitudinal data from 100 first‐time‐pregnant, unmarried Latina adolescents (M age = 17.3 years) were analyzed. Results from structural equation path modeling confirmed these associations, with strong educational ambitions related to greater unwantedness of the pregnancy, which led to feeling trapped by parenting at 6 months postpartum, which in turn was related to unaffectionate parenting and feeling inadequate in mothering at 1 year postpartum. The potential long‐term negative consequences of high educational aspirations for pregnant adolescents' adjustment to parenting are discussed.     

The Palestinian Family in Israel: Simultaneous Trends

In this article, I seek to present the spectrum of contemporary family structures in Palestinian society in Israel, focusing on those that emerge in various contexts of changes in education, employment and place of residence. To enable attention to the multiplicity of identities engendered by intersection of the positions of gender/class/nationality and to assess the family patterns that maintain them and are shaped by them, I evaluate relations between two concepts: Connectivity, as proposed by Joseph (1999) and translocational positionality conceived by Anthias (2008). The former relates to the development of a feminine identity that develops in a patriarchal gender context, while the latter refers to the constant negotiation that women conduct with the contexts of their sense of belonging and the manner in which they use various resources. Those concepts help determine whether the process that Palestinian in Israel have been undergoing are accompanied by a greater variety of family patterns.

The article will be based on a study in which I conducted semi-structured, in-depth interviews with Palestinian mothers in Israel. The data were subjected to intersectional analysis from a feminist perspective, enabling study of the group under examination families of Palestinian women –separately from its surrounding society and also revealing the various subgroups comprising this social category.     

‘I want to be better than you:’ lived experiences of intergenerational child maltreatment prevention among teenage mothers in and beyond foster care

The growing body of research on teenage motherhood in foster care has largely focused on the risks involved for both mother and child, yet these mothers depict a much more complex picture of their own experience of becoming and being mothers. The current study employed interpretative phenomenological analysis to explore 18 in‐depth, qualitative interviews from six participants on the meaning and experience of motherhood among teenage mothers in foster care and in the years immediately after ageing out. This study focused on a particular dimension of motherhood: participants' efforts to break the cycle of child abuse and neglect with their own children. Two themes emerged as characteristic of these experiences: (i) treating children well/parenting differently and avoiding the system; and (ii) reducing isolation and enhancing support. Given the increased likelihood of the children of teen mothers – particularly those who have been maltreated – becoming involved with the child welfare system, study findings suggest possible strategies for disrupting cycles of intergenerational child welfare involvement generated by young mothers themselves. Practice implications for addressing possible substance abuse, mental health and relational and parenting needs are discussed.     

On shifting ground: First-time parents’ ideal world of paid work and family time

We examined first-time fathers’ and mothers’ perspectives about their ideal world of support in the context of dominant social ideology, ethno-cultural ideals, and the pragmatics of their everyday family, workplace, and socioeconomic circumstances during their first 18 months as parents. Twelve Canadian-born and six Chinese immigrant couples participated in individual in-depth interviews. We conducted a three-part analysis: fathers’ perspectives, mothers’ perspectives, and couples’ perspectives. Fathers focused on fulfilling dual fathering ideals of ‘time with family’ and ‘providing for family’; mothers emphasized fulfilling a mothering ideal of ‘caring for children'. Examining couples’ perspectives revealed a more nuanced understanding of their shared focus on ‘caring for family'. Parents in this study found the current social ideal of the ‘new’ father, who is both financial provider and nurturing co-parent, appealing, yet difficult to achieve. Couples wanted informal (i.e. family and social network) support, along with formal (i.e. workplace and childcare) support to enable them to provide family care and financial stability for their family. Findings contribute to understanding family and paid work experiences and decision-making among couples as new parents. We offer insights into the complexity of intersections among social ideals, personal expectations, family care, and paid work for fathers and mothers.     

A Land of Milk and Honey? Breastfeeding and Identity in Lesbian Families

ABSTRACT

This article explores the relationship between breastfeeding and identity in lesbian-identified families based on a pilot study of qualitative interviews and a short survey of six lesbian families in Canada and the United States. Although breastfeeding is assumed to be “natural” and a biological function, we problematize the practice as both gendered and heteronormative. In our research we found that breastfeeding has a complex role to play within the construction of one's identity as a mother, of one's gender, and of one's sexual orientation. These women's experiences offer interesting insights into the nebulous boundaries of biology and the ways in which assumptions about what is “natural” are actually social and cultural constructions.