论行政裁量权的司法审查标准

随着行政权的日益扩张,如何对行政裁量权进行司法审查显得尤为迫切.司法机关有必要对行政裁量权进行审查,但司法审查不是无限制的,只有当行政裁量权被随心所欲地独断使用从而导致违背立法意图时,司法机关才能对它加以限制.为对行政裁量进行有效规制,需要设计适当的审查标准.     

论塑造团队制度型的现代企业家

现代企业家应该是团队制度型企业家.塑造团队制度型的现代企业家必须建立企业产权均衡机制和企业经营者群集机制.     

论我国分税制体制的立法完善

分税制是我国财政体制的重要内容,通过对我国分税制历史的简要回顾,分析了分税制在立法方面存在的主要问题:缺少完整立法,地方税权小,中央和地方事权划分不合理,转移支付有待立法.针对这些问题,结合我国实际情况,提出立法上的建议:制定作为分税制依据的税收基本法,给予地方一定的税权,合理划分中央和地方的事权、财权,制定转移支付法.     

电子商务中隐私权保护制度研究

本文以我国电子商务的发展环境为背景,探讨了电子商务中隐私权保护的必要性和现实性,并提出相应的隐私权保护原则和保护方式.     

Listening to children imagining gender: observing the inflation of an idea

Using three of the clinical articles in this special issue of the Journal of Homosexuality as examples, the author attempts to show how their views of gender may influence clinicians' conceptualizations and treatment choices in response to children diagnosed with gender identity disorder (GID), or gender dysphoria. In particular the author argues that the belief that gender is a psychophysiological entity that is organismic and transhistorical, that is, the view known lately as essentialism, promotes more invasive interventions (e.g., endocrinological and surgical) and mistakenly deemphasizes psychological therapies as a clinical response to the suffering of trans children. He tries to show that the drawbacks of essentialism and its correlated treatment approaches are twofold, that a) they promote treatments with insufficient attention to our limited knowledge regarding their safety and efficacy, and b) they advance a reified differentiation of the genders that is politically problematic. The author suggests that a better response to trans children would be one that emphasizes the child's broadly subjective role in his or her construction of transgressive, gender-related psychological and interpersonal phenomena (both painful and not), thus, offering a deeper validation for trans children's challenges to our gender system.     

Commentary on the treatment of gender variant and gender dysphoric children and adolescents: common themes and ethical reflections

This commentary offers preliminary ethical reflections on the range of treatments for gender variant and gender dysphoric children, adolescents, and young adults described in the preceding five clinical articles. After clarifying the terminology used to discuss these issues, this commentary reviews several common themes of the clinical articles. Focusing on ethical values of informed consent, full disclosure, the minimization or avoidance of harm, and the maximization of life options, the commentary expresses concerns about various treatment options endorsed by some of the articles. In particular, this commentary focuses on how these practices problematically reproduce social prejudices and stereotypes and how they fail to acknowledge and embrace the multiple pathways for expressing one's gender. It also compares and contrasts the ethical issues related to gender variant and gender dysphoric youths and youths who identify as lesbian, gay, bisexual, or queer.     

Gender dysphoric/gender variant (GD/GV) children and adolescents: summarizing what we know and what we have yet to learn

The optimal approach to treating minors with gender dysphoria/gender variance (GD/GV) is much more controversial than treating these phenomena in adults. This is because children have limited capacity to participate in decision making regarding their own treatment, and even adolescents have no legal ability to provide informed consent. Minors must, therefore, depend on parents or other caregivers to make treatment decisions on their behalf, including those that will influence the course of their lives in the long term. Presently, the highest level of evidence available for selecting among the various approaches to treatment is best characterized as "expert opinion." Yet, opinions vary widely among experts and are influenced by theoretical orientation and assumptions and beliefs regarding the origins of gender identity, as well as its perceived malleability at particular stages of development. This article outlines some of the more salient points raised by the clinicians who treat GD/GV and their discussants. This article summarizes what the editors believe is known and what has yet to be learned about minors with GD/GV, their families, their treatment, and their surrounding cultures.     

A comprehensive program for children with gender variant behaviors and gender identity disorders

This article describes a clinical program designed to address broadly defined mental health needs of children who experience stress related to not fitting into normative gender types and argues for the need for integrated services that address the spectrum of gender variance. An array of services useful to children and their families is proposed. The article describes the clinical population served, common clinical and social problems, and a rationale for the interventions provided.     

The Effects of Honesty and Openness About Sexual Orientation on Gay and Bisexual Clients in Substance Abuse Programs

A convenience sample of 183 gay, lesbian, and bisexual participants who were previously treated in substance abuse programs, completed surveys that included questions regarding their honesty and openness about their sexual orientation with counselors and clients in their programs, as well as in their personal lives. It was found that levels of honesty and openness in treatment positively correlated with reported program completion, satisfaction with treatment, feelings of therapeutic support, and feelings of connection to the program. However, there were no correlations between honesty and openness and reported abstinence from substances at the end of treatment and at the time of survey completion.     

The Politics of Sexual Citizenship: Negotiating Acts of Citizenship Among Non-Heterosexuals in Hong Kong

ABSTRACT

The notion of sexual citizenship has been developed over the past two decades, and its discussion has been expanded to other regions. This article investigates the claiming of rights by non-heterosexuals in Hong Kong to achieve two objectives: to articulate the importance of the rights claiming process, particularly regarding how non-heterosexuals are being transformed to become claimants through rights claims, and to extend the notion of sexual citizenship in East Asia, particularly in the Hong Kong context. The findings show four distinctive characteristics of sexual citizenship in Hong Kong. Non-heterosexuals are found to have faced different struggles and barriers before or during the process of claiming rights, including restricted welfare rights access in various social institutions. Furthermore, the development of sexual citizenship in the Hong Kong local context is found to be limited.