行政判例视野中的行政法原则研究——以梁宝福案、赖恒安案为例评释

行政法原则在行政执法实践和司法审判实践中具有重要意义,而行政判例中则蕴含着丰富的行政法原则.以梁宝富案关于合法性审查和保护诉权及赖恒安案关于成熟原则的行政判例为例来看,通过行政判例来运用、发展、创制行政法原则,对于推进我国行政法治有着极其重要的意义.     

高等学校自主权概念研究

高等学校自主权是一个极其复杂的概念,源于西方大学的自治权,就性质而言,有时表现为权力,有时又表现为权利;就内容而言,有的表现为权力,有的表现为权威.在我国的权力语境中,高校自主权就是指高等学校依据法律、法规的规定,以办学目标为基础,以学术自由为主要内容,按照自身特点和内部规律的要求,由其章程所规定、效力只及于内部成员的自主决策、自主实施、自主承担责任的资格和能力.     

The Pinochet case: cosmopolitanism and intermestic human rights

This article explores the Pinochet case, widely heralded as a landmark, as a case of 'intermestic' human rights that raises difficult normative and empirical questions concerning cosmopolitan justice. The article is a contribution to the sociology of human rights from the perspective of methodological cosmopolitanism, developing conceptual tools and methods to study how cosmopolitanizing state institutions and cultural norms are inter-related. The argument is made that in order to understand issues of cosmopolitan justice, sociologists must give more consideration to political culture.     

Designing out vulnerability, building in respect: violence, safety and sex work policy

One recent finding about the prostitution market is the differences in the extent and nature of violence experienced between women who work on the street and those who work from indoor sex work venues. This paper brings together extensive qualitative fieldwork from two cities in the UK to unpack the intricacies in relation to violence and safety for indoor workers. Firstly, we document the types of violence women experience in indoor venues noting how the vulnerabilities surrounding work-based hazards are dependent on the environment in which sex is sold. Secondly, we highlight the protection strategies that indoor workers and management develop to maintain safety and order in the establishment. Thirdly, we use these empirical findings to suggest that violence should be a high priority on the policy agenda. Here we contend that the organizational and cultural conditions that seem to offer some protection from violence in indoor settings could be useful for informing the management of street sex work. Finally, drawing on the crime prevention literature, we argue that it is possible to go a considerable way to designing out vulnerability in sex work, but not only through physical and organizational change but building in respect for sex workers rights by developing policies that promote the employment/human rights and citizenship for sex workers. This argument is made in light of the Coordinated Prostitution Strategy.     

论对社区矫正对象的权利保障及其立法贯彻

社区矫正对象与监狱服刑人员一样,属于“犯罪(受刑)人”群体。当前的社区矫正试点工作,必须突出对矫正对象权利的保障。鉴于社区矫正立法的阙如,在中国未来的社区矫正法中,应明确肯认宪法的“国家尊重和保障人权”原则,并在规定社区矫正实施机构的管理职权和社区矫正对象的义务与权利等方面,要创设人道、科学、系统化的制度来保障社区矫正对象的法定权利。这既是落实宪法和有关国际人权规约的立法要求,也是革新社区矫正制度的根本价值所系。     

关于金融债权维权的思考

金融债权维护难是当前金融业面临的普遍问题,也是创建金融安全区的极大障碍,文章在深入探讨金融债权维护难的原因基础上,有针对性地提出一些对策和建议。     

Note passing as gendered practices of public ambiguity in a hyper‐masculine organization

This article explores a surprising and seemingly mundane organizational practice: passing notes during professional meetings. Based on 34 in‐depth interviews with women in a hyper‐masculine organization — the Israeli military — this study focuses on what I term gendered practices of public ambiguity. It demonstrates how these practices shed light on three interrelated paths to power at work: (i) practices of public intimacy between men; (ii) practices of women's degradation by men; and (iii) practices of recognition claims by women. The tension between the publicity inherent in the routine passing of notes and the ambiguity of their contents calls for a more nuanced theorization of gendered power practices, which transcends the accepted dichotomy of doing and undoing gender, reproducing or challenging the symbolic gender order. The findings show that gendered micro‐practices can become polysemic symbolic spaces in which women redirect the flow of power, if only temporarily and locally, and turn it into a multidirectional and multi‐agentic resource. The conceptual contribution of these findings is discussed in terms of the positioning of women in hyper‐masculine environments as pragmatic subjects who (re‐)construct mechanisms of power out of the restricted repertoire available to them.     

Symbolic Compliance and Student Concerns: Legal Endogeneity and Title IX at American Colleges and Universities

This article considers how American colleges and universities responded to rapid legal change around Title IX immediately following the 2011 release of the Office for Civil Rights’ Dear Colleague Letter. By analyzing the content of 250 campus sexual harassment policies, this article finds that contrary to the predictions of the employment discrimination literature, which suggests that the largest, most visible institutions in a field are the most likely to embed markers of symbolic compliance in their formal policies, small baccalaureate colleges are more likely to include references to the law in their formal documents than their research university peers do. To understand this intriguing finding, the article then analyzes 15 interviews with campus administrators at research universities and baccalaureate colleges to uncover the distinct logics of symbolic compliance and student concerns that differentially inform how actors at different kinds of institutions inhabit their roles and endogenously interpret new Title IX regulations in their formal policies and campus practices. In doing so, this article illuminates the ways in which processes of legal endogeneity differ across institution types within the broader field of higher education.     

The experiences of privately practising midwives in Australia who have been reported to the Australian Health Practitioner Regulation Agency: A qualitative study

BackgroundIn Australia the majority of homebirths are attended by privately practising midwives (PPMs). In recent years PPMs have been increasingly reported to the Australian Health Practitioner Regulation Agency (AHPRA) mostly by other health professionals.Purposeto explore the experiences of PPMs in Australia who have been reported to the AHPRA.MethodsA qualitative interpretive approach, employing in-depth interviews with eight PPMs was undertaken and analysed using thematic analysis. A feminist theoretical framework was used to underpin the research.ResultsThe majority of reports made to AHPRA occurred when midwives supported women who chose care considered outside the recommended Australian College of Midwives (ACM) Consultation and Referral Guidelines. During data analysis an overarching theme emerged, “Caught between women and the system”, which described the participants’ feelings of working as a PPM in Australia. There were six themes and several sub-themes: The suppression of midwifery, A flawed system, Lack of support, Devastation on so many levels, Making changes in the aftermath and Walking a tight rope forever. The findings from this study reveal that midwives who are under investigation suffer from emotional and psychological distress. Understanding the effects of the process of investigation is important to improve the quality of professional and personal support available to PPMs who are reported to AHPRA and to streamline processes.ConclusionIt is becoming increasingly difficult for PPMs to support the wishes and needs of individual women and also meet the requirements of the regulators, as well as the increasingly risk averse health service.