论KTV业与唱片业之利益冲突与解决

本文通过分析KTV业和唱片业在版权利益和经济利益方面的冲突,认为两个行业本应是互利关系,其利益冲突是可以调和的,解决之道应是双方在博弈中互利。同时提出了一些解决的建议,期能对冲突的解决有所裨益。     

道德与市场经济的关系及其新的建构

计划经济时期的道德境界,是自然经济的产物,是政治挂帅的结果。市场经济的行为准则是提倡买卖公平,实现利益最大化,道德与市场经济发生一定的冲突。只有以市场经济为基础,削弱与克服负面效应,才能把道德和利益之间的纠缠转变为和解。道德以市场经济为行为准则,使人人景仰的道德境界融入经济发展之中;市场经济也以法律为准绳,实现具有统领作用的道德建构,使只讲道德不讲经济和只讲经济不讲道德转变为同存互补。     

税务信息管理权与保护权的冲突与平衡

实践中税务机关与纳税人在信息采集、保有及使用方面存在激烈冲突。究其原因在于公权力与私权利冲突具有必然性、税务信息的权利（力）边界不明且经济性日益凸显及税务机关信息管理的责任机制不健全。借鉴域外经验,中国税务机关信息管理权与纳税人信息保护权的平衡之道在于限制公权力并进一步保障私权利,坚持税收法定、个人权利保护及狭义比例等原则。具体而言,需明确税务机关信息管理权与纳税人信息保护权的范围,构建税务信息分层管理机制,严格化税务机关信息管理的程序,完善纳税人信息的争端解决机制与违法取用纳税人信息的责任机制并加强对税务机关信息管理权的监督,促进税务信息领域的公权力与私权利从冲突中走向平衡。     

Dynamics of Young Children's Socially Adaptive Resolutions of Peer Conflict

How do young children negotiate conflicts with peers that result in mutually beneficial resolution and peaceful interaction after conflict? A few studies suggest that when children use conciliatory strategies in conflict, socially adaptive outcomes are more likely to be achieved. The present study explores the relative associations of types of children's conciliatory conflict resolution strategies (i.e., prosocial, compliance‐oriented, solution‐oriented, and verbal clarification/apology) with conflict outcomes to contribute to knowledge of the discrete behaviors that might have salience for conflict resolution training. Socially adaptive conflict outcomes were expected to strongly relate to children's resolution strategies of a prosocial nature as well as to teacher or peer interventions encouraging prosocial behavior or empathy. Sampled conflicts (N = 521) were collected through field observations of 107 ethnically/racially and socioeconomically diverse four‐ to seven‐year‐old children. Logistic regression analyses with bootstrap‐based inference suggested that children's prosocial behaviors in conflict were most strongly tied to mutually beneficial resolution and peaceful postconflict interaction, when controlling for relevant covariates. Other conciliatory strategies varied in their association with socially adaptive outcomes. The hypothesis regarding third‐party interventions encouraging prosociability or empathy could not be examined due to infrequent occurrence. Insights for future research on children's socially adaptive conflict negotiations are discussed.     

Into the IRIS: a model for analyzing identity dynamics in conflict

I propose a lens model for understanding how core identities (ethnic, sectarian, racial or national) are affected by past interactions and narratives increasing the chances of the outbreak of violent conflict. The model can be used to show how core identities are polarized during conflict escalation and how they might de-polarize during periods of de-escalation and conflict resolution, leading to potential transformation of core identities in post-conflict situations. Northern Ireland will be used to illustrate the Integrated Relational Identity Structure model, showing how conflicting identities have changed, or not, as a result of history, the conflict and the peace process.     

Marriage and gender inequality: work–family arrangements of Portuguese and British highly qualified women

This article examines work–family reconciliation processes in order to understand if, over the course of marital life, women become socially closer or further away from their partner. Drawing on work–life interviews with highly qualified women in Portugal and Britain, we compare these processes in two societies with different historical and social backgrounds. Findings reveal three main configurations of social (in)equality which emerge during married life: growing inequality in favour of the man, in favour of the woman or equality between spouses. With due attention to the importance of national specific factors, we present three main conclusions. First, (in) equality is built up over the course of marital life and female strategies for reconciling family and work are at the core of this process. Second, the national specificities can mould the effects of cross-national gender mechanisms. Third, the intersection between cross-cultural phenomena such as conservative attitudes towards domestic work and national specificities (such as the availability of part-time options) is a rather complex process which needs further research.     

Managing C-suite conflict: The unique impact of internal and external governance interfaces on top management team reflexivity

The ability of Top Management Teams (TMTs) to reflect critically on their own actions represents an important element of effective TMT decision making and governance effectiveness. This paper therefore examines how the TMT-board interface internal to the organization, as well as the TMT interface with the external supervisory authority, shape TMT reflexivity. Drawing from governance and psychological theories, we posit that cognitive conflict at the TMT-board interface can escalate by increasing levels of affective TMT-board conflict, and hereby, harm TMT reflexivity if not managed well. This proposition was tested in a multisource team-level data set collected in the field among TMTs (N = 111 TMT members) and their supervisory boards (N = 152 board members) of 56 Dutch insurance companies. The findings demonstrate that the link between cognitive and affective TMT-board conflict is mitigated by board membership influx. Yet in cases where conflict escalation does occur, its subsequent impact on TMT reflexivity hinges on the degree to which an external supervisory authority monitored TMT actions. The results illustrate that TMT decision making processes can be effectively influenced by internal and external TMT-governance interfaces, yet at different conflict stages, and through different governance actions.     

The dual-continuum approach: An extension of the contingency theory of strategic conflict management

This article examines the limitations of using a single advocacy-accommodation continuum when depicting organizational stance and movement in conflict situations (Cancel et al., 1997). The authors argue that advocacy and accommodation can vary independently in response to a variety of contingent factors. To comprehensively capture the locations and motions that are possible in organization-public conflicts, a two-continuum approach is proposed. Separate assessment of the effects of contingency variables on advocacy and accommodation can be used to accurately locate organizational stance along advocacy and accommodation continua. Strategic alternatives that cannot be depicted using a single continuum (such as favorable alignment of organization advocacy/public accommodation or unilateral change on the part of one party) can be captured if separate continua are employed. By depicting initial stances and desired directions of movement for both the organization and public, the dual-continuum approach can also provide practical guidance to public relations professionals in selecting strategies for achieving preferred outcomes and evaluating their effectiveness.     

现代社会隐私权和知情权的边界

现代社会是权利的社会,也是权利冲突频发的社会。权利之间的冲突缘起于法律规则的模糊性、权利的滥用和权利的交互性。其实质是一种客观存在的事实而非理论预设和逻辑分析的结果。权利冲突可以大致界分为主体间的权利冲突、价值冲突、利益冲突三种类型;权利间的冲突需要借助社会控制模式(个人控制、组织控制、法律控制)并通过价值平衡方法来解决。