从法律适用层面解析滥用市场支配地位——采用经济指标与案例分析法

准确界定相关市场、市场支配地位及滥用行为对认定滥用市场支配地位尤显关键。然而,现有立法对此的相关规定尚存缺憾,从而造成法律实务中欠缺可操作性和统一性。因此,在界定“相关市场”时,可效仿欧盟、美国等做法,引入合理的可替代性和需求交叉弹性这两个经济指标,并效仿使用“SSNIP标准”;认定“市场支配地位”时,对直接性推定指标作出定义性界定,并可借鉴德国做法,在反垄断主管机构与国家统计局间建立与市场份额相关的数据信息的义务性联系;判定“滥用行为”时,借助一般性评判标准并明确采用合理原则,同时,对列举的六种常见表现形式加以细化解释。     

Implementing the Power to Kids programme in home-based (foster) care: Identifying the SAFETY approach

Sexual abuse and dating violence are chronic problems for children and young people in out-of-home care. This study explored the impact of a prevention and response programme Power to Kids, which targets harmful sexual behaviour (HSB), child sexual exploitation (CSE) and dating violence (DV) for children and young people in home-based (foster) care. Twenty-eight case managers, 25 foster carers and 13 children and young people participated in a mixed methods study in Victoria, Australia informed by the research question: How does the Power to Kids programme impact the sexual health and safety of children and young people in home-based (foster) care? The data analysis revealed a SAFETY approach whereby the sexual health and safety knowledge of carers and case managers was enhanced, and carers were given permission to have Brave Conversations with children and young people, who could then apply the new knowledge to their lives. Case managers were upskilled in identifying indicators of sexual abuse and empowered to escalate stalled therapeutic and disruption practice when children and young people were identified as experiencing HSB, CSE or DV.     

Simulation and quality of a synthetic close-to-reality employer–employee population

It is of essential importance that researchers have access to linked employer–employee data, but such data sets are rarely available for researchers or the public. Even in case that survey data have been made available, the evaluation of estimation methods is usually done by complex design-based simulation studies. For this aim, data on population level are needed to know the true parameters that are compared with the estimations derived from complex samples. These samples are usually drawn from the population under various sampling designs, missing values and outlier scenarios. The structural earnings statistics sample survey proposes accurate and harmonized data on the level and structure of remuneration of employees, their individual characteristics and the enterprise or place of employment to which they belong in EU member states and candidate countries. At the basis of this data set, we show how to simulate a synthetic close-to-reality population representing the employer and employee structure of Austria. The proposed simulation is based on work of A. Alfons, S. Kraft, M. Templ, and P. Filzmoser [{\em On the simulation of complex universes in the case of applying the German microcensus}, DACSEIS research paper series No. 4, University of Tübingen, 2003] and R. Münnich and J. Schürle [{\em Simulation of close-to-reality population data for household surveys with application to EU-SILC}, Statistical Methods & Applications 20(3) (2011c), pp. 383–407]. However, new challenges are related to consider the special structure of employer–employee data and the complexity induced with the underlying two-stage design of the survey. By using quality measures in form of simple summary statistics, benchmarking indicators and visualizations, the simulated population is analysed and evaluated. An accompanying study on literature has been made to select the most important benchmarking indicators.     

Estimating the probability of obtaining nonfeasible parameter estimates of the generalized pareto distribution

In this paper we consider the problem of estimating the parameters of the generalized Pareto distribution. Both the method of moments and probability-weighted moments do not guarantee that their respective estimates will be consistent with the observed data. We present simple programs to predict the probability of obtaining such nonfeasible estimates. Our estimation techniques are based on results from intensive simulations and the successful modelling of the lower tail of the distribution of the upper bound of the support. More simulations are performed to validate the new procedure.     

旅游学的涵义、学科性质及学科定位——从行为创造学新视角对旅游学基本概念的探索

旅游的＂艾斯特＂定义在旅游学界影响深远,但这一定义从形式和本质上都难以正确地揭示＂旅游＂的内涵和外延。按照定义的定义,从＂行为创造学＂的新视角来考察,旅游应该定义为＂人们暂时离开固定住所去寻求精神上满足或享受的活动＂。相应地,旅游学就是＂研究人们暂时离开固定住所去寻求精神上满足或享受活动的过程、特点、规律和方式的科学＂。这样,就可以澄清由于对＂艾斯特＂定义的误识和错误的思维定势而导致的＂旅游学＂概念、学科性质及其定位的混乱,从而对旅游学学科和旅游业的发展起到一定的促进作用。     

荀子荣辱观念之再考察

荀子作为先秦诸子百家思想的集大成者,在批判和吸收各家各派的同时,继承了孔孟关于荣辱观念的根本理路,对当时的社会治乱、人心世风进行了深入的洞察,对当时的天人关系、天人之分进行了细致的探究。他从人性的先天不足入手,于先王之道的根本精神处找出路,从而构建出了自己的荣辱观念。     

The impact of foster children's behavioural problems on Flemish foster mothers' parenting behaviour

Foster children often have behavioural problems. Behavioural problems influence the level of parenting stress and can lead to a breakdown. In this study, parenting behaviour of foster mothers is mapped, and the influence of behavioural problems and parenting stress on the parenting behaviour 2 years later is examined. Data of behavioural problems, family stress and parenting were gathered from 49 foster mothers. Problem behaviour has a direct negative impact on parenting and leads to less support and more negative control. It also results in more parenting stress. Foster parents need to be trained aiming at preventing ineffective parenting. The well‐being of foster parents needs to be guarded. Higher levels of parenting stress lead to less effective parenting.     

Gender,Culture and Intervention: Exploring Differences between Aboriginal and Non‐Aboriginal Children’s Responses to an Early Intervention Programme

Evaluation of a group parenting programme in the Northern Territory of Australia showed significant differences in benefits for Aboriginal and non‐Aboriginal boys and girls. The analysis considers whether boys and girls from different cultural backgrounds present with different problems; whether parental expectations for boys and girls differ and whether the intervention activates different responses in different settings. Conclusions suggest that there is a need to closely examine the ‘cultural logic’ of interventions, the appropriateness of their assumptions about child development and hypothesised mechanisms of change in different settings.     

The relationship between explicit and implicit learning processes and probable pathological gambling

This paper reports the findings of a study of explicit and implicit learning and gambling with non-problem (n = 107), sub-clinical problem gamblers (n = 13), and probable pathological gamblers (n = 46). Two probability learning tasks modeled after gambling games and an artificial grammar task were used to explore how people learn patterns. In each of the two probability learning tasks, the outcome of the game was biased during the first part (learning phase) of the task. The results showed that many of the participants in the experimental conditions learned the bias and gradually unlearned the bias during the extinction phase of the study. Probable pathological gamblers showed less retention of the bias during two probability tasks and repeated the same errors during the artificial grammar task suggesting that they emphasize explicit learning strategies rather than implicit learning strategies. The results are consistent with the idea that pathological gamblers are more likely to utilize explicit rules than implicit rules.     

Book Review

Affective forecasting refers to the process of predicting emotional reactions to future events. It plays an important role in decision making, but is also prone to errors, such as the ‘impact bias’: a tendency to overestimate the intensity of future reactions. The impact bias has been considered evolutionarily adaptive, as it performs a protective function in motivating people to avoid risky behaviour. Affective forecasting may be qualitatively different in a risk-taking population such as problem gamblers (PGs). In particular, PGs may fail to show the impact bias. This study was the first to examine affective forecasting in PGs. PGs (N = 25) and controls (N = 29) were asked to predict how they would feel after completing a guessing task. As hypothesized, controls exaggerated how bad they would feel after losing at the task, whereas PGs accurately predicted their reactions. Encouraging PGs to focus on anticipated emotions may be a novel target for treatment interventions.