有关船员外派业务若干法律问题探讨——兼评《船员条例》与《船员注册管理办法》

针对交通部海事局发布的"《〈船员条例〉释义》征求意见稿"和"《船员注册管理办法》(草案)征求意见稿",就与船员外派业务相关的如下法律问题作以探讨:船员外派业务中"船员用人单位"的界定;船员、派遣单位、受派单位三者间的权利义务;船员外派业务的法律适用;船员外派业务与船员劳动力市场的对外开放之间的关系.同时对《船员条例》和《船员注册管理办法》的相关规定进行评价.     

商主体营业资格应与主体资格相分离

根据我国现行立法的规定，营业执照是一个商主体拥有商事能力的客观外在表现，同时还是商人主体资格的载体，即营业执照在现行制度安排上担负着商人主体资格和营业资格的双重证明作用。     

Barriers to collaboration on behalf of children with challenging behaviours: a large qualitative study of five constituent groups

Inter‐agency collaboration is seen as an effective way to support children and families with multiple and complex needs. Children in out‐of‐home care, especially those exhibiting challenging and disruptive behaviour, often require the services of multiple agencies. Ninety‐two South Australian stakeholders experienced in supporting children in out‐of‐home care were interviewed about their experience of collaborative practice, using the specific example of supporting children with extremely challenging behaviour. Participants were teachers, foster parents, child welfare workers, child mental health professionals and residential care workers. Thematic analysis revealed several tensions inherent in such collaboration. Results are discussed in terms of their unique implications for managing challenging behaviour, and suggestions are made for improving collaborative approaches to behaviour and multi‐agency practice.     

Aggressive behaviour in at‐risk children: contribution of subjective well‐being and family cohesion

We examined the contributors to aggressive behaviour in 111 at‐risk Israeli children aged 9–13 years who attended day centres over several years to prevent removal from their homes. This non‐normative transition to a day centre represents a difficult period of change for these children, which often manifests in aggressive behaviours, at least in the short term. To elucidate predictors of aggressive behaviour, we investigated a familial variable (family cohesion) and a personal variable (subjective well‐being [SWB]) that were previously shown to correlate with various aspects of children's aggression. Children's self‐reports underscored the importance of SWB for their aggressive behaviour. SWB's cognitive component – life satisfaction – correlated significantly with all four measures of aggressive behaviour (physical violence, verbal violence, anger and hostility). SWB's emotional component – negative affect – correlated significantly with all but verbal violence. Interestingly, SWB was found to mediate the hostility dimension of aggression (as well as family cohesion). Other significant findings revealed that family cohesion correlated positively with SWB (life satisfaction and positive affect) and correlated negatively with aggression (physical violence, verbal violence, anger and hostility). Various explanations were discussed alongside implications for day care staff's individual and family interventions.     

Introduction

No abstract available for this article.     

The behaviour of police officers in conflict situations: how burnout and reduced dominance contribute to better outcomes

Dominance plays an important part in police-civilian interactions. However, burnout is associated with a reduction in dominance, and this might, paradoxically, lead to more effective outcomes in conflict situations. There is a lack of knowledge about the effects of burnout in professional practice, and this multi-method study was conducted to better understand these dynamics. It is unique in that it combined self-reported burnout with observed behaviour in interactions with civilians. In this study, the relationships between the imbalance between demands and rewards, occupational burnout and police officers’ behaviour in conflict situations (in terms of dominance and effectiveness) were examined. A questionnaire was used to assess job demands, rewards and burnout among 358 Dutch police officers. In addition, police officers’ interactions with civilians were observed over 122 days. The results of structural equation modelling analyses showed that the imbalance between job demands and rewards was predictive of burnout (emotional exhaustion and depersonalization). Burnout, in its turn, predicted a decrease in dominant behaviour in conflict situations and, consequently, more effective conflict outcomes. These findings show that reduced dominance associated with burnout could in fact have positive consequences for professional behaviour in conflict situations. The benefits of reduced dominance in these situations should be taken into account in the training of professionals.     

Climate,class and culture: political issues as cultural signifiers in the US

Since the 1970s, social scientists have argued that general pro‐environmental attitudes have diffused throughout American society, rendering socio‐demographics largely irrelevant in predicting support for such issues. The public reaction to the issue of climate change, however, is an exception to this narrative. While media bias, ideological framing, and business influence are often invoked to explain public apathy, I argue that ignoring class and culture in determining why climate change is so divisive is a potentially significant oversight. Using the cultural theory of Bourdieu, I examine how the conception of and reaction to climate change varies with economic and cultural capital using data from 40 interviews of Boston‐area respondents. The results suggest that climate change may indeed be a ‘classed’ issue – both in how the respondents conceive of it in the first place, and how they speak of social class in the context of it. The results suggest that social scientists should go beyond rational‐choice and media framing explanations, to take two prolific examples, in exploring how disagreements on the importance of climate change persist in the US.     

The contribution of supervisor behaviour to employee psychological well-being

Many employees affirm that supervisors affect employee well-being, and research has demonstrated associations between supervisor behaviour and employee psychological well-being. However, what hasn't been clear is the extent to which the association with supervisor behaviour compares with that of other variables known to affect well-being. This exploratory study addresses that issue. Our hypothesis was that supervisor behaviour can contribute to the prediction of psychiatric disturbance beyond the contribution of other influential variables. We created a new, questionnaire-based instrument to measure supervisor behaviour. We tested our hypothesis using stepwise regression with a convenience sample of 167 men and women working in a variety of organizations, occupations, and industries in the USA. Results supported our hypothesis: supervisor behaviour made a statistically significant contribution to the prediction of psychiatric disturbance beyond a step-one variate comprised of age, health practices, support from other people at work, support from home, stressful life events, and stressful work events. This provides additional evidence that supervisor behaviour can affect employee well-being and suggests that those seeking to create healthier workplaces should not neglect supervision. We believe that there is now ample justification for those concerned with psychosocial working conditions to consider supervisor behaviour as a potentially influential variable.

Furthermore, we believe that we have presented a new instrument for assessing supervisor behaviour that has the potential to be of value in future studies.     

On the asymptotic behaviour of selector statistics

Adaptive procedures proposed by Hogg are based on selector statistics for the skewness and the tails. The asymptotic properties of several proposed selector statistics are investigated. Since ail these statistics have under some assumptions asymptoti¬cally a normal distribution, their properties depend on the asymptotic bias and variance. The reasonable concept to compare the different selector statistics is based on the selection probabil¬ities in discriminating the type of the underlying distribution. These values are numerically calculated and analyzed in detail for a number of underlying distributions.     

Bayes inference for the modulated power law process

The Modulated Power Law process has been recently proposed as a suitable model for describing the failure pattern of repairable systems when both renewal-type behaviour and time trend are present. Unfortunately, the maximum likelihood method provides neither accurate confidence intervals on the model parameters for small or moderate sample sizes nor predictive intervals on future observations.

This paper proposes a Bayes approach, based on both non-informative and vague prior, as an alternative to the classical method. Point and interval estimation of the parameters, as well as point and interval prediction of future failure times, are given. Monte Carlo simulation studies show that the Bayes estimation and prediction possess good statistical properties in a frequentist context and, thus, are a valid alternative to the maximum likelihood approach.

Numerical examples illustrate the estimation and prediction procedures.