债权人对债务人延期其债权能否行使代位权——以三段论法中之小前提为观察点

债权人代位权制度起源于法国的习惯法中,因该制度行使简捷便用,故其存在仍有一定的意义。“怠于行使权利”作为代位权构成要件之一的法理,在于权衡债权人的期待利益与债务人管理自己财产之自由相冲突的结果。对此,从三段论法上,笔者对如何将案例事实归摄于构成要件之特征构成小前提,予以分析,并认为化解实务上和学说上的矛盾,应该运用法学方法论,以避免人治的擅断。     

后殖民主义语境下的中国民族电影

随着文化全球化的兴起,后殖民主义理论不断涌现,首当其冲的要属赛义德的＂东方主义＂。该理论较为详尽的讨论东方＂自我东方化＂的现象,无情的批判了西方文化的霸权主义和强权政治,主要研究一切社会文本和文化文本,为全球化提供一种多元的而非一元的格局。     

A six-year analysis of sex traffickers of minors: exploring characteristics and sex trafficking patterns

ABSTRACT

Few studies have explored the characteristics and arrest patterns of sex traffickers, particularly sex traffickers of persons under the age of 18 (minors) in the U.S. The purpose of this study is to understand the behavior and characteristics of a national cross sectional sample of sex traffickers of minors during a six-year period. This study explored cases involving the arrest of sex traffickers of minors or persons under the age of 18 in the United States from 2010 to 2015. Sex traffickers of minors was defined as a person who facilitates and/or benefits by receiving something of value for the commercial sexual exploitation of a minor (person under the age of 18) or attempts to do so. During a systematic online search, 1,416 sex traffickers of minors were identified. The arrests were found in 46 states in the United States, two U.S. territories, and Washington D.C. The sex traffickers of minors were mostly males (n = 1067, 75.4%), and of those with race identified (only 51.6%), 71.7% were African American. Their ages ranged from 15 to 70 years old (M = 28.5, SD = 8.54). Characteristics of the sex trafficker and the sex trafficking situation are analyzed and implications discussed.     

The embodiment of complex trauma in domestic minor sex trafficking victims and the dangers of misidentification

ABSTRACT

Domestic minor sex trafficking (DMST) victims face many barriers to getting appropriate, trauma-informed treatment. Many of these victims experience childhood trauma by trusted adults or by non-familial perpetrators of abuse. Complex trauma, later defined in depth, captures what many DMST victims endure as the harm that they experience is ongoing and cannot be identified as a singular event. Due to the complex trauma these victims experience, they become dissociated as a tool for survival. As a result of trauma, many DMST victims do not embody protective skills, and attempt to gain control of their lives through maladaptive behaviors that can lead to re-victimization. I begin by discussing the literature around embodiment, trauma and the body, and dissociation to demonstrate why a trauma-informed approach in identification and therapy is important when working with DMST victims. Subsequently, I present a case study to explore an example of how the presentation of trauma, or ways it is masked, can lead to misidentification. This case study will illustrate how social workers can effectively advocate for DMST victims at the early stages of identification and also foster a safe, accepting therapeutic space to assist these clients in trust-building and identify formation. Trauma-informed care needs to be integrated from the first interaction with law enforcement, throughout the development of a treatment plan with providers, and for the duration of the therapeutic relationship.     

服刑人员未成年子女的心理特点与教育对策

父母服刑往往会给孩子造成巨大的心理冲击,服刑人员未成年子女的心理健康和教育问题受到了社会各界越来越多的关注和重视。服刑人员未成年子女的常见心理问题包括自我评价偏低、情绪情感消极、人际交往不良、问题行为倾向等。社会、家庭和个体自身三方面的因素相互作用,共同影响着服刑人员未成年子女的心理健康发展。通过积极有效地开展学校教育和家庭教育,将在很大程度上促进服刊人员未成年子女的健康成长和积极发展。     

Sofia Coppola

Sofia Coppola is currently one of the most discussed female filmmakers in Hollywood and one of the most prominent “indie” directors working over the last decade. Coppola has also divided critics, especially with her third and fourth features, Marie Antoinette and Somewhere both drawing heavy criticism. This article draws on a range of popular and scholarly sources in order to chart the different narratives that construct Coppola's public image, including the style of her filmmaking. I focus on perspectives of Coppola's work, investigating how the director's biographical details have become bound up with the reception of her films in ways that dismiss her films as too preoccupied with frivolity and privilege. Coppola's important position as a female director of independent features, specifically her unique position as a successful woman working in the masculinized arena of independent Hollywood, and her place within a lineage of women's cinema, is frequently elided in discussions of her success and style. It is the question of Coppola's status as a female director, the ambivalent process by which this status is acknowledged and disavowed in the reception of her work, that is most compelling for feminist film theory.     

Gender Monstrosity

Deadgirl (2008) is based around a group of male teens discovering and claiming ownership of a bound female zombie, using her as a sex slave. This narrative premise raises numerous tensions that are particularly amplified by using a zombie as the film's central victim. The Deadgirl is sexually passive yet monstrous, reifying the horrors associated with the female body in patriarchal discourses. She is objectified on the basis of her gender, and this has led many reviewers to dismiss the film as misogynistic torture porn. However, the conditions under which masculinity is formed here—where adolescent males become “men” by enacting sexual violence—are as problematic as the specter of the female zombie. Deadgirl is clearly horrific and provocative: in this article I seek to probe implications arising from the film's gender conflicts.     

Protocol for student replication of published research

Subpart D of the Common Rule establishes 4 categories of research that may be conducted on children. One category, 45 CFR 46.406, permits research posing a minor increase over minimal risk and no prospect of direct benefit but expected to yield vital knowledge about the subjects' disorder or condition. To include other children in research posing a minor increase over minimal risk and no prospect of direct benefit requires federal review and approval of the Secretary of Health and Human Services under 45 CFR 46.407. It is widely held that children generally should not be exposed to more than minimal risk in research without the prospect of direct benefit. To justify deviating from this norm, as 406 allows, two claims must be true: (1) When there is vital knowledge to be gained from studying children, it is permissible to expose some children to a minor increase over minimal risk with no prospect of direct benefit; (2) It is permissible for locally reviewed and approved research to expose only children with the disorder or condition under investigation to greater risk with no prospect of direct benefit. The justification for (1) appears to be grounded in the magnitude of benefit to society combined with the need to study children. This article demonstrates that, even if the necessity and magnitude of benefit to society justify exposing children to increased risk, the decision to categorically restrict participation in such research to children with the disorder or condition under investigation (unless the study is federally reviewed and approved) is not justified. Subpart D should be revised.     

论刑事未成年被害人救济体系的建构

刑事未成年被害人遭受不法侵害后,往往得不到有效的赔偿,其合法权益难以得到有效维护。为了解决这一问题,许多国家对此都作出了努力,构建了多元化、系统化的救济模式。致力于建构和谐社会的中国,也应顺应这一潮流,根据我国法制现状,构建以被告人的赔偿为基础,国家补偿、司法救助和法律援助并行发展的多元化的被害人救济机制。     

论早期中国电影的产业化运作方式

在20世纪前半期短暂又辉煌的电影历史进程中,民族电影艺术与受众之间的互动关系大多数时候都表现为艺术创作行为与产业经济行为的对接。电影既要用自己独特的艺术符号来传达创作者的艺术追求,又要借助商品流通的一般规律,在激烈的市场竞争中,争取更多的受众支持,以实现扩大再生产。因此,考察早期中国电影发展,品牌构建、明星制、类型化等现代电影产业建设的核心概念已经在一定程度上影响早期中国民族电影产业化运作方式的基本态势与风貌。