合同法视角下的诚实信用原则探析

制定合同法的目的,是为了保护合同当事人的合法权利,维护社会经济秩序,促进社会健康发展。合同当事人的法律地位平等,他们享有意思自治,但不能滥用权利,不能获得非法利益。当事人行使权利、履行义务应当遵循诚信原则。本文从诚实信用原则的概念与功能、诚实信用原则在合同订立和合同效力以及合同履行中的应用出发,阐述了诚实信用原则在合同法中的重要地位。同时,本文也就如何依据诚实信用原则解释合同提出了一些建议。     

领导角色与管理角色的有效选择

每一位领导者都具有领导者和管理者的双重角色,只是在不同时期、不同条件下侧重点不同。领导者自身的能力和素质、下属的成熟度、工作的性质和特点以及组织所处的阶段等因素决定了两种角色的有效选择。要提高组织绩效,更好地实现组织目标,领导者就要懂得实现领导角色和管理角色的互补。     

Differential Item Functioning of a Family Affluence Scale: Validation Study on Data from HBSC 2001/02

Methodology for making cross-national comparisons is an area of increasing interest in social and public health related research. When studying socio-economic differences in health outcomes cross-nationally, there are several methodological issues of concern, especially when data is derived from self-reported questionnaires. Health Behaviour in School-aged Children (Currie et al. 1998) is a WHO cross-national study using school samples. HBSC provides comparable data, and thereby a unique opportunity to study associations between social indicators and health outcomes within an international perspective. In 2001/02 data was collected from a total of 162,323 children in 32 countries (Austria, Belgium, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Greenland, Hungary, Ireland, Israel, Italy, Latvia, Lithuania, Macedonia, Malta, Netherlands, Norway, Poland, Portugal, Russia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom, USA.). Studies of social inequalities requires that a comparable measure of socio-economic position (SEP) is in use. HBSC has developed a proxy for social position measuring material wealth, the Family Affluence Scale (FAS). This paper studies FAS and whether it is comparable across population subgroups defined by country, age and gender. Initial analysis revealed that an item measuring perceived family wealth was a valid FAS item. Including this item in the FAS score will improve the reliability of FAS. Graphical log-linear Rasch models (GLLRM) showed that FAS contain differential item functioning (DIF) with respect to country, age, and gender as well as local dependency (LD) between items. During the analysis, test equating techniques where used to adjust for the test bias generated by DIF. We recommend that the equated scores are used whenever FAS is included as a variable. This study suggests that HBSC-FAS should contain five items (additional item: perceived family wealth) when analysing data from HBSC 2001/02, and furthermore that each country should adjust for the DIF or make use of the converted FAS scores provided. If using FAS as a proxy for social position at an international level, it is not advised to compare the absolute levels of FAS, but weigh the scale by ridit transformation.

Measuring time use in surveys - Concordance of survey and experience sampling measures

It is still unclear to what extent time allocation retrospectively reported in questionnaires reflects people’s actual behavior. Addressing this research gap, we analyze the congruence of time use information assessed through retrospective questionnaires and through experience sampling methodology. Participants completed standard survey questions on time allocation. In addition, a mobile-phone-based experience sampling technology obtained snapshots of, on average, 54 momentary activities in which respondents participated while pursuing their normal daily routines.Results indicate that the associations between standard survey questions and experience sampling methods are quite substantial for long-lasting and externally structured activities, such as paid work. In contrast, associations between survey and experience sampling methods are somewhat weaker for less externally structured, short-term and infrequent activities, such as errands, housework, and leisure. However, further research is required to elucidate which method (experience sampling method or survey questions) results in more reliable and valid measures for short-term and sporadic activities.     

论物权转让与危险负担

物权变动与危险负担,有法定与自治之分.自治之制,一般情况是所有权从合同成立时转移,危险负担也随之转移;法定之制,一般情况是登记或交付为转移所有权的时间,交付转移占有和危险负担.我国法对不动产物权变动,采登记生效主义;对危险负担之转移,采交付主义,即对物权变动与危险负担,采法定之制.但我国立法与德国物权变动采物权行为独立性及其无因性的登记生效主义不同,不动产物权合同的债权效力与物权效力分阶段转移,物权变动的效力基于合同、登记法律事实之构成,债权效力基于合同行为,危险负担转移取决于合同、交付法律事实之构成.我国应对合同债权效力、物权变动和危险负担作出分阶段转移的司法解释,以便法院正确适用法律.     

The distinction between work pace and working hours in the measurement of quantitative demands at work

During recent years many researchers have criticized the widely used scales on psychological job demands. For instance, they comment that in most cases different types of demand seem to be mixed in one measure. In this paper we analyse the scale on quantitative job demands in the recently developed Copenhagen Psychosocial Questionnaire (COPSOQ), with special emphasis on Differential Item Functioning (DIF). DIF refers to basic differences between groups of respondents, which may affect how they respond to questionnaire items. The data material for our study comprised a representative sample of Danish employees. The respondents were categorized into 32 specific jobs according to the International Standard Classification of Occupations (ISCO 1968). We analysed DIF with respect to the respondents’ jobs with logistic regression analyses. These analyses showed that the items used in the original demand scale functioned very differently for different jobs in the population. The conclusion is that scales on quantitative demands are very sensitive to the choice of specific items. If many items on fast work pace and tempo are included in a scale, a number of blue-collar jobs will be identified as high-demand jobs. If, on the other hand, many questions on long working hours and overtime are included, the use of the scale will result in an entirely different picture. This issue has so far received little attention in occupational health psychology. The results have wide theoretical and methodological implications for research on quantitative job demands.     

Validity in an evaluation of Healthy Families Florida—A program to prevent child abuse and neglect

Evidence-based continuums have become a guide for identifying the level of evidence in evaluations of home visiting programs conducted to determine their effectiveness in preventing child abuse and neglect. While randomized controlled trials are required for the highest levels of evidence, quasi-experimental designs have also been specified as an appropriate alternative. Using a quasi-experimental evaluation of a home visiting program to prevent child abuse and neglect that adheres to the Healthy Families America model, this paper describes and illustrates how types of validity can be improved. More specifically, we address how threats to internal validity can be identified and reduced through statistical techniques; how construct validity may be strengthened using state records to measure the outcomes; and how external validity is affected by including or excluding study participants. After applying a variety of statistical adjustments to reduce selection bias, we found that the outcomes favored the home visiting program and increased after accounting for covariates that contributed to child abuse and neglect. This was true across the statistical techniques (traditional covariate and propensity score adjustment) used. For evaluations using quasi-experimental designs, recommendations relevant to the illustrations in the paper are also presented.     

SSQSC: a tool to measure supplier service quality in supply chain

The objective of this research is to derive supplier service quality dimensions in the context of supply chain. Initial service quality dimensions were derived from an extensive literature review on the subject followed by refining through a series of procedures needed for scale development. Data was collected from 117 working executives of manufacturing organisations in India. The respondents were asked to assess supplier service quality in supply chain based on the perception and expectation scales. Further, data was summarised for respondents stating a high level of external service quality. Factor analysis resulted in a seven-factor structure as representative of supplier service quality in supply chain. The SSQSC tool will be beneficial to practising managers in identification of opportunities for improvements in supplier service quality.     

条约对第三国的效力及其最新发展

条约仅约束当事国 ,未经第三国同意 ,条约既不能为第三国创设权利 ,也不能为第三国施加义务 ,即条约对第三国既无损也无益 ,条约的这一相对效力原则已经成为习惯法的一部分。然而 ,这一古老的原则受到当代国际法的冲击 ,《国际刑事法院规约》将国际刑事法院的管辖权及于非当事国 ,欧共体将其制定的规则直接适用于成员国 ,《联合国海洋法公约》在其尚未生效以前就由非当事国参与修改。条约对第三国效力的新发展是否有助于继续维持国际关系和建立在国际关系基础之上的条约关系的稳定 ,这是当代国际法应该予以回答的一个棘手而又现实     

Evolutionary Evaluation: Implications for evaluators,researchers, practitioners,funders and the evidence-based program mandate

Evolutionary theory, developmental systems theory, and evolutionary epistemology provide deep theoretical foundations for understanding programs, their development over time, and the role of evaluation. This paper relates core concepts from these powerful bodies of theory to program evaluation. Evolutionary Evaluation is operationalized in terms of program and evaluation evolutionary phases, which are in turn aligned with multiple types of validity. The model of Evolutionary Evaluation incorporates Chen's conceptualization of bottom-up versus top-down program development. The resulting framework has important implications for many program management and evaluation issues. The paper illustrates how an Evolutionary Evaluation perspective can illuminate important controversies in evaluation using the example of the appropriate role of randomized controlled trials that encourages a rethinking of “evidence-based programs”. From an Evolutionary Evaluation perspective, prevailing interpretations of rigor and mandates for evidence-based programs pose significant challenges to program evolution. This perspective also illuminates the consequences of misalignment between program and evaluation phases; the importance of supporting both researcher-derived and practitioner-derived programs; and the need for variation and evolutionary phase diversity within portfolios of programs.