论"通知—删除"规则的性质——以平台自治为视角

"通知—删除"规则的法律条文并没有赋予平台自治的空间,但是平台自治的需求已经"凸显".免责条款理论表面上能保障平台自治,但是并不符合我国的实际.归责条款理论是我国的通说,其扼杀了平台自治的空间,司法实践对此虽有调和,但是难以济事.我国的"通知—删除"规则系特定的历史背景下的产物,其在性质上仅仅是行为标准.在侵权行为的认定上,违反"通知—删除"规则的情形并非侵权的充分条件.事实上,这一行为标准的违反在侵权法上的意义仅仅作为主观过错的证据,电商平台可以反证其不具有过错.司法实践中亦有区别对待"通知—删除"规则的违反和侵权之认定的做法.明晰此点方可保障平台自治,同时亦实现电商平台对用户监管之目的.     

Abusive Supervision and Well-Being of Filipino Migrant Workers in Macau: Consequences for Self-Esteem and Heritage Culture Detachment

Abusive supervision in the workplace has been shown to have important direct consequence in work and work relationship, and also indirect consequences to workers’ well-being and relationships outside work. Consequences of abusive supervision have not been studied among migrant workers whose status in the host country of work is dependent on maintaining the work contract. This study investigates abusive supervision in 247 Filipino migrant workers in Macau, who hold temporary work contracts and work visas to engage in various low-skilled work (e.g., domestic helper, security guard, etc.). The study tests a model representing the indirect consequences of abusive supervision on the self-esteem and acculturation orientation of migrant workers, in particular, on the tendency to reject their heritage culture in their attempt to acculturate in the host country. Mediation analysis indicated that abusive supervisory perceptions led to lower self-esteem (b = ?.19), which in turn relates to tendency to reject their heritage culture as part of acculturation (b = ?.45) [indirect effect = .08, 90 % CI .04, .15]. The rejection of heritage culture is interpreted as a coping response to the negative indirect consequences of abusive supervision perceptions that may be partly attributed to being a migrant Filipino worker. The results are discussed in terms of how the acculturation of migrant workers reflects aspects of their well-being that may be adversely affected by vocational-related stress in the host country.     

The mixed evacuation problem

A dynamic network introduced by Ford and Fulkerson is a directed graph with capacities and transit times on its arcs. The quickest transshipment problem is one of the most fundamental problems in dynamic networks. In this problem, we are given sources and sinks. Then the goal of this problem is to find a minimum time limit such that we can send the right amount of flow from sources to sinks. In this paper, we introduce a variant of this problem called the mixed evacuation problem. This problem models an emergent situation in which people can evacuate on foot or by car. The goal is to organize such a mixed evacuation so that an efficient evacuation can be achieved. In this paper, we study this problem from the theoretical and practical viewpoints. In the first part, we prove the polynomial-time solvability of this problem in the case where the number of sources and sinks is not large, and also prove the polynomial-time solvability and computational hardness of its variants with integer constraints. In the second part, we apply our model to the case study of Minabe town in Wakayama prefecture, Japan.     

The neglected mediating role of self-efficacy in the goal setting process in local public administrations

To analyse the role of self-efficacy in goal setting in public administrations, this study combines goal-setting theory, public service motivation literature and cognitive theory. Using partial least squares structural equation modelling (PLS-SEM), survey data from 105 German civil servants are analysed. The results underline the role of goal setting (represented by goal difficulty and specificity) in determining the self-efficacy of public servants. Public service motivation and goal specificity both increase public servants’ work performance; however, the effects of goal difficulty are negatively mediated by the employee’s self-efficacy. That finding reflects the central role of self-efficacy, which should not be ignored in the goal-setting processes of public administrations.     

论普里什文哲理散文中的生态文学思想与猎人情结

普里什文哲理散文中所具有的预言式生态思想与环保理念备受当代“生态文学”理论家的青睐。但他热衷描写狩猎场景的猎人情结却又遭到新世纪中“生态伦理”理论的诟病。其实从文本的本体性观念来理解，普里什文的诗性自然情怀、生态观念与他的猎人情结并非只有冲突的一面，他所表达出的是人对大自然万物之本能与道义之间的尺度衡量，而这种衡量也可反观当代人与自然万物之间的关系的现状，实际上表达出一种更为深刻的天人关系的批判性。     

Unterstützung dualer Karrieren im Spitzensport

The longstanding focus of elite athletes on top sports entails disadvantages hampering their later entry to the world of work. In order to successfully contribute their outstanding personality traits to a later job, athletes are thus particularly required to care for their employability. Contributing to this, the author carried out a competency balancing with top athletes. This coaching method significantly decreased the athletes’ need for self-information. Evaluation further showed indications of increased clarity and certainty of occupational goals as well as work satisfaction.     

Gender and the Politics of Death: Female Representation,Political and Developmental Context,and Population Health in a Cross-National Panel

There is considerable speculation that female political empowerment could improve population health. Yet, evidence to date is limited, and explanations for why political empowerment would matter and the conditions under which this might be enhanced or muted are not well understood. In this article, we draw on theoretical work on the politics of representation to frame an investigation of whether increases in the percentage of females in a country’s parliament influence mortality rates. We further examine whether the relationship is conditioned by extent of democracy and economic and social development. Through multivariate longitudinal regression, we analyze four indicators of mortality in 155 countries spanning 1990 to 2014 with controls for initial country conditions, time-stable structural predispositions to higher mortality, and a number of time-varying potential confounders. Results indicate that a high level of female representation—30 % or greater in our models—has large negative associations with mortality, that these are particularly strong in lesser developed and weak democratic contexts, that high female political representation effectively offsets liabilities associated with low development, and that the relationships are robust to various operationalizations of social development. In the end, our research provides a particularly thorough accounting of the relationship between female political representation and population health, particularly by specifying the conditions under which female representation is most salient. In doing so, the research suggests important links between issues of female empowerment, political context, and developmental trajectories of countries more generally.     

曾国藩京宦生涯的乡土情结

曾国藩在传统文化和家庭氛围影响下形成了浓厚的乡土情结,贯穿曾国藩一生的乡土情结为其事业和交友产生了深刻的影响。在京为官时期对同乡以及家乡的特别关注,折射出曾国藩浓浓的乡土情结。曾国藩在乡土情结的影响下创建了湘军,为其幕府的建立储备了人才,在乡土情结的感召下与同乡建立了深厚友谊,成就了一生的事业。     

Constrained vs unconstrained labor supply: the economics of dual job holding

This paper develops a unified model of dual and unitary job holding based on a Stone-Geary utility function. The model incorporates both constrained and unconstrained labor supply. Panel data methods are adapted to accommodate unobserved heterogeneity and multinomial selection into six mutually exclusive labor supply regimes. We estimate the wage and income elasticities arising from selection and unobserved heterogeneity as well as from the Stone-Geary Slutsky equations. The labor supply model is estimated with data from the British Household Panel Survey 1991–2008. Among dual job holders, our study finds that the Stone-Geary income and wage elasticities are much larger for labor supply to the second job compared with the main job. When the effects of selection and unobserved heterogeneity are taken account of, the magnitudes of these elasticities on the second job tend to be significantly reduced.     

The disembedded digital economy: Social protection for new economy employment in China

This research focuses upon employment in the new economy, exploring labour protection and social protection in the digital age in China. Through an empirical survey conducted in three Chinese cities, social insurance and the labour rights of employees in the digital economic sector, such as gig employment, e-commerce, and various other forms of online employment, have been examined in-depth. This study reveals new regulatory loopholes in the digital labour market, which have substantially eroded the basis of social policy arrangements in China, “softening” participation in social insurance branches and compliance with labour regulations remarkably. Drawing upon the theoretical concepts of Polanyi on embeddedness and disembeddedness, we argue that the digital employment sector in China has been increasingly disembedded from social institutions and social control. The new configuration in the digital field of social policy requires novel conceptual models and institutional settings to cope with increasing social risks in virtual spaces.