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.     

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。     

Feminist and empowerment theory and social work practice

Feminist and empowerment theories are especially important to the understanding of individual and sociopolitical levels of social work assessment and intervention. Incorporating feminist and empowerment approaches in practice will provide social workers with the knowledge, values and skills most likely to promote human rights and social justice. In this paper, we present an overview of both theories and illustrate them with a case example.     

A new long-term survival model with dispersion induced by discrete frailty

Lifetime Data Analysis - Frailty models are generally used to model heterogeneity between the individuals. The distribution of the frailty variable is often assumed to be continuous. However, there...     

Behavioral responses of rural and urban greater white-toothed shrews (Crocidura russula) to sound disturbance

Urban Ecosystems - The development of urban areas imposes challenges that wildlife must adapt to in order to persist in these new habitats. One of the greatest changes brought by urbanization has...     

The Welfare State as Safety Net in Migration Preferences: Empirical Evidence from an Experiment Among Dutch Master Students

Population Research and Policy Review - The welfare state can be perceived as a safety net which helps individuals adjust to situations of risk or transition. Starting from this idea of the welfare...