论司法审查制度之困境与出路

就现代法治的基本精神而言,以权力制约和权利救济为主旨的司法审查机制具有明显的价值合理性,但是,在制度实践方面,现行司法审查机制的展开却遭遇重重困境,表现为司法设置之体制依附性、司法审查范围之局限性以及审查标准之单一化。重整与完善我国司法审查制度之根本出路在于:深化司法体制改革,彰显和强化司法独立;拓宽司法审查的对象范围,变审查法定原则为审查假定原则;实现司法审查标准的多元化,推行司法最终裁决原则。     

大学生网络犯罪及对策探析

网络犯罪在大学生中出现,为所有高校思想政治教育工作者敲响了警钟。深入了解大学生网络犯罪的现状,剖析其发生和发展的动因,从而在预防大学生网络犯罪上做文章,是我们每一位高校思想政治教育工作者的责任。     

近代中国电信管理体系变迁考述

近代中国电信管理体系随政局战事变幻,社会经济发展而赓续推演。全面抗战前及战争时期中国的电信组织历经形成、发展和演变,此中行政当局对于电信事业的管控和监察工作,以及在电信队伍的建设和培育及人事规范方面做出的努力,对近代中国电信管理体系的嬗变进程产生了深远影响。通过这些维度洞悉近代中国电信事业的变迁理路及发展规律,俾期为当代国家电信事业建设提供理论参考与历史借镜。     

高校软件人才培养的创新实验区建设

为了更好地培养软件人才,提高大学生的工程实践能力,从大学生创新实验区建设实践出发,在软件人才培养实验区的硬件建设、软件建设(案例库和实验相关软件)以及软件人才培养模式方面进行实践探索。同时,从理论上阐述了三者是个有机整体,只有衔接得好、建设得好才能培养出国际一流的软件人才。     

司法工作人员参与无身份者实施真正身份犯的共犯成立类型研究

根据共犯处罚的根据论中的修正惹起说,以及对实行行为的实质理解,在司法工作人员参与无身份者实施以司法工作人员身分作为构成要素的真正身份犯时,司法工作人员只能构成间接正犯,而不能构成教唆犯。而无身份者只能构成帮助犯,不能构成实行犯。     

Risking safety and rights: online sex work,crimes and ‘blended safety repertoires’

It has been well established that those working in the sex industry are at various risks of violence and crime depending on where they sell sex and the environments in which they work. What sociological research has failed to address is how crime and safety have been affected by the dynamic changing nature of sex work given the dominance of the internet and digital technologies, including the development of new markets such as webcamming. This paper reports the most comprehensive findings on the internet‐based sex market in the UK demonstrating types of crimes experienced by internet‐based sex workers and the strategies of risk management that sex workers adopt, building on our article in the British Journal of Sociology in 2007. We present the concept of ‘blended safety repertoires’ to explain how sex workers, particularly independent escorts, are using a range of traditional techniques alongside digitally enabled strategies to keep themselves safe. We contribute a deeper understanding of why sex workers who work indoors rarely report crimes to the police, reflecting the dilemmas experienced. Our findings highlight how legal and policy changes which seek to ban online adult services advertising and sex work related content within online spaces would have direct impact on the safety strategies online sex workers employ and would further undermine their safety. These findings occur in a context where aspects of sex work are quasi‐criminalized through the brothel keeping legislation. We conclude that the legal and policy failure to recognize sex work as a form of employment, contributes to the stigmatization of sex work and prevents individuals working together. Current UK policy disallows a framework for employment laws and health and safety standards to regulate sex work, leaving sex workers in the shadow economy, their safety at risk in a quasi‐legal system. In light of the strong evidence that the internet makes sex work safer, we argue that decriminalisation as a rights based model of regulation is most appropriate.     

Innovative approaches to regulating decent work for domestic workers in Côte d'Ivoire: Labour administration and the judiciary under a general labour code

The authors offer a contextualized analysis of judicial decisions rendered during 1971–2013 in Côte d'Ivoire, where domestic work is regulated by a general labour code. Assessments of those decisions, alongside qualitative interviews of institutional actors, elucidate how innovative practices were mainly derived from the code by attentive inspectors and by jurisprudence evolving to treat domestic work like any other. Yet limitations emanating from the inability to grapple with the specificity of domestic work are also identified. Reaffirming that the regulation of domestic work must embrace its duality (work like any other and work like no other), the authors conclude with a call for an international community of learning on decent work for domestic workers.     

Participation in Everyday Life Before and After a Housing Adaptation

Housing adaptation aims to enable clients to live independently in their own homes. Studies focusing on participation in everyday life following a housing adaptation are lacking and needed. This study aimed to explore housing adaptation clients' experiences of participation in everyday life before and after a housing adaptation, through the lens of a housing adaptation, using a qualitative follow-up design, with 11 participants. It was found that when the housing adaptation met the participants' needs, performance of activities improved and the housing adaptation opened doors to engagement and participation in everyday life. Thus, focus on performance and engagement in everyday life at the onset of the housing adaptation process, combined with regular follow-ups, may enhance participation.     

Televisual pregnancy beauty

Theorizing the contours of televisual pregnancy beauty, this essay demonstrates how televisual stylistics construct and communicate a political ideology of pregnancy. When the crime dramas Bones and In Plain Sight incorporated their star actors’ pregnancies, they produced different televisually styled portrayals of pregnancy; these medium-specific portrayals play an important role in how pregnancy itself is culturally conceptualized. Although pregnancy beauty, the commodification and sexual objectification of the pregnant and postpartum body, has been analyzed in ways that link it to post-industrial, neoliberal, capitalist, and patriarchal forces, this analysis demonstrates how televisual style sets the scene for this broader discourse. Specifically, I contend that the costuming, blocking and staging, cinematography, and editing determine how the pregnant body appears, and this then communicates a clear ideology to viewing audiences. Through these two case studies, I analyze contrasting televisual styles and argue that while Bones’ style disciplines the pregnant body and In Plain Sight’s style welcomes the pregnant body, both styles enact a televisual pregnancy beauty that commodifies pregnancy.     

The business of writing: literature as a commodity in Claudia Piñeiro’s Betibú

This article presents considerations about the status of literature as a commodity and writers as professionals in the twenty-first century. These considerations are based on an analysis of Argentine writer Claudia Piñeiro’s Betibú (2011), which follows the story of an Argentine crime novel writer who becomes a ghostwriter after her latest novel receives harsh reviews for being considered commercial rather than literary. I argue that the novel in question points out misconceptions about the influence of the book industry on the aesthetic quality of literary writing, highlighting the need for literary criticism to look into everyday relations between readers, authors, and editors.