侵权诉讼的膨胀及对策

侵权纠纷是民事诉讼机制解决的主要对象。随着社会的发展,侵权案件逐渐增多,过量的侵权诉讼会带来很多不良后果,不仅是对法律制度本身的损害,更对经济发展产生严重的负面影响。要解决侵权诉讼的膨胀问题,必须找到控制侵权诉讼的正确途径。     

司法现代化在我国农村的困境及出路

司法现代化在农村正遭遇着种种困境,这有其深刻的历史背景和现实基础。实现农村的司法现代化,一方面要对传统法律文化进行认真彻底的反思,肃清沿袭至今的消极影响;另一方面则应从制度上保障司法的公正性,在司法领域树立法律的权威。     

Organisationsentwicklung als Thema von Erwachsenenbildung und Supervisionscurricula

Zusammenfassung  Der Beitrag beschreibt Planung, Verlauf und abschlie?ende Beurteilung eines gruppendynamischen Seminars, in dem für angehende Supervisorinnen und Supervisoren das Thema Organisations-Entwicklung dargestellt und vermittelt werden sollte. Ausgangspunkt war die Kl?rung des Inhaltsraums von Organisations-Entwicklung als geplantem sozialen Wandel, der auf sozialwissenschaftlicher Grundlage zielgerichtet, strategisch und mit Zeitperspektive in der Zusammenarbeit zwischen externer und interner Sach-, Prozess- und Entscheidungskompetenz durchgeführt wird. Als Ziele des Seminars wurden festgelegt, Organisations-Entwicklung als sozialwissenschaftliches Instrument zu begründen, Organisations-Entwicklung-Schritte zu konzipieren und sie kollegial zu kommunizieren. Darüber hinaus wurden Qualit?tskriterien für das Seminar formuliert: Praxisn?he, Kl?rung des Inhaltsraum Selbstorganisation, Selbststeuerung, Ressourcenaktivierung, Konfliktregulierung, Analyse des Gruppenprozesses, Nutzung von Feldkompetenz und Verhaltensmodellen, Etablierung von Feedbackschleifen, Koordination und Synergie, kollegialer Austausch und Kl?rung pers?nlicher Organisations-Entwicklungs-Fragen. Bausteine und Lernorte des Seminars waren das Plenum, die Lernpartnerschaft, das OE-Team, die Beobachterfunktion, die Tagesreflexion, die Sitzung Frage und Antwort, die Darstellung von Praxisf?llen, das Plenum-Feinsteuerung, die Analyse der Arbeitsprozesse des OE-Teams sowie Transfer und Auswertung. Der tats?chliche Verlauf des Seminars wird aus der Perspektive des Leiters kommentiert. Anhand von Verlaufsbeobachtungen und Teilnehmer?u?erungen wird der Eindruck begründet, dass diese Form des Vorgehens als lernintensiv, autonomief?rdernd und für die zu erwerbende Supervisionskompetenz als praxisrelevant betrachtet werden kann.

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This article describes the plantification, progress and final evaluation of a group-dynamic seminar for future supervisors in which the topic organization development was presented and introduced. The content of organization development was first defined as a planned social change which is executed based on social sciences in a goal-oriented, strategic way which considers the time perspective of the cooperation between external and internal specialised-, process- and decision competence. Goals of the seminar were to justify that organisation development is a social science tool, to plan organization development steps and to communicate them to peer seminar participants. Further more, the following quality criteria for the seminar were formulated: practice orientation, definition of self-organisation content, self regulation, resources activation, conflict regulation, group process analysis, field competence and behaviour models usage, feedback establishment, coordination and synergy, mutual peer exchange and finding answers to personal questions about organization development. The building blocks and learn places of the seminar were the plenary sessions, the learning partnership, the od-teams, the observer function, the day analysis, the questions and answers session, the case study presentation, the analysis of the work processes as well as transfer and evaluation. The progression of the seminar is commented from the point of view of the seminar leader. Progress observations and participant’s feedback justify the impression that this way to conceptualise provides an intensive learning experience, supports autonomy and provides relevant and practical supervision competence.

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J?rg Fengler ist Professor der Psychologie an der Universit?t zu K?ln, Heilp?dagogische Fakult?t. Arbeitsschwerpunkte sind u.a. P?dagogische und Klinische Psychologie. Er ist Herausgeber dieser Zeitschrift.     

谈鲁迅小说中的逻辑问题

本文运用演绎逻辑、归纳逻辑和辩证逻辑的基本方法 ,对鲁迅小说中的逻辑问题进行分析 ,得到一些有益的结论     

From the 30s to the 60s: The folk music revival in the United States

Conclusion Woody Guthrie's ashes were spread by the wind over the water from a Coney Island, New York pier a few days after he died on Oct. 3, 1967. His wife and children, including his 19-year-old son Arlo, were present as America's greatest folksinger was laid to rest. One of the last things Woody heard before he died was Arlo's recorded voice singing the draft-dodging tale of Alice's restaurant. He must have sensed that the spirit had been passed on. Woody Guthrie died just as the second great wave of popular interest in American folk music was coming to an end. Alice's Restaurant was in many ways one of its last echoes. The symbolism could not have been more poignant. At the center of the first folk revival, Woody Guthrie was a vital source of inspiration for the second.The new generation of singer-songwriters who marked the second wave was largely composed of those with at least some contact with the new mass higher education and those multi-versities that were built to dispense it. They were neither members of a déclassé elite, as could be said of Charles and Pete Seeger and John and Alan Lomax, nor were they authentic folk singers, like Woody Guthrie. Nor could they be. By the 1960s, the conditions that had created the possibility for the first wave of the movement had been irretrievably altered. After the Second World War, with a postwar economic expansion and population explosion under way, America was a different place. Besides, the first folk revival had already claimed authenticity as its own. For the most part, if there was any aspiration toward authenticity amongst the topical singer-songwriters (those in New York City in any case), it was to be as close a copy of the first generation, Guthrie and Seeger, as possible. Purism was the second wave's answer to the authenticity of the first.Being part of an expanding generation of white, college-educated youths affected the form and content of the music that characterized the second wave. The most obvious aspect of this was the arena of performance and the audience who filled it. Gone were the union halls, the singing in working-class bars and beerhalls and at Party functions, all of which had characterized the first wave. These were replaced first by coffee shops and small clubs, either in Greenwich Village or those surrounding college campuses. The forays into the South in support of the civil-rights movement were for the most part short-lived and highly symbolic, not to say self-serving. The real mass audience arrived with the antiwar activity and was largely university centered.It was also this audience that filled the auditoriums and concert halls for the more obviously commercial performances by the singer-songwriters of the second wave. This overlapping public provided the grounds for a new mass market in folk music. Peter, Paul, and Mary, who sang in front of many mass demonstrations in protest against the war in Vietnam or in support of civil rights, were, although they saw themselves as carrying on in the spirit of the Weavers, an entirely commercial creation. In the article from the East Village Other cited above, written just after the first big concert in America against the war in Vietnam, Izzy Young angrily notes that everybody was a part of it except the people managed by Albert Grossman - Peter, Paul and Mary, and Bob Dylan. When the war in Vietnam became popular, three years later, Peter, Paul and Mary flew down to Washington, D.C. to take their place in front of the cameras.Commercial rationality was much more a factor in defining the second folk revival than the first. The possibilities were greater and the structure of the music industry was different. With a new mass market still in the process of formation and thus unspecified in terms of taste, the larger record companies could afford to take a liberal attitude and to include under their label, all the revolutionaries, as Columbia Records proudly announced in its contemporary advertising. Commercial possibilities thus were more important in shaping the musical form and content of second folk revival than politics, which were so central to the first. As opposed to the old left, the new left was a loosely organized contingent of organizations and groups with little coordination between them. In fact, many if not most of the organizations were ad hoc committees formed for a specific strike or demonstration. No one group was thus in a position to exert ideological hegemony. Following from this, at least during the period under discussion, there was little political dogmatism to be found. With no powerful organization to impose it, there was no clear political line to defend and thus to sing about. Even the notion of the people, so central to the first folk revival, was relatively absent in the second. Who were the people addressed? Certainly not the working class or even the common man. I am just a student, Sir, I only want to learn, sang Phil Ochs.During the second folk revival, the people had become the silent majority, the province of the conservative right. Neither in music nor in politics did the new left make many attempts to reach the common man in the street. The people had been massified, according to new left theory, and in the new one-dimensional mass society the grounds of political and social identity were always shifting. Besides, country music had already established itself as the musical genre of the rural, southern, western and white, common man. From a commercial point of view, there was little need to look for authenticity or the people; the market was sufficiently large and getting larger as more and more young people entered the institutions of higher education. Politically, this was not a serious problem either, as long as the aim was not revolution as it had been for the old left. It was sufficient, then, to address the masses of youngsters gathering together at institutions of higher education. If there was a revolution at foot, this was it.While the first wave practically had to invent folk music, the second could draw on the reservoir of public culture that to a large extent resulted from this invention. The networks and institutional support provided by the old left and the personal authority of a figure like Alan Lomax made possible the imposition of rather strict criteria for determining in what exactly folk music consisted. Neither networks nor gatekeepers were so determinate to the second wave. With the folksong and folksinger already invented, the new generation could pick and choose from a rather wide range of options. In addition, by the time the new left and the topical-song movement achieved at least a semblance of cohesion, folk music was already institutionally supported by radical entrepreneurs like Izzy Young and the more commercial recording industry. There were, thus, strong institutional bases for folk music outside of politics. Politics, in other words, was not the only game in town. But neither was commerce. The civil-rights movement and the new social movements that developed out of it opened for a short period a space, a public arena, in which the idea of folk music could be reinvented anew. Within this space the traditions constituted during the first wave of folk revival were experimented with and modified in light of the new social and historical context. America was not the same place in the 1960s as it had been in the 1930s and neither could its folk music be. The actors, the setting, and the songs were all different, yet still the same.In attempting to account for both this continuity and change in the two waves of folk revival we have drawn from both the cognitive approach to the study of social movements, which calls attention to the creative role of social-movement actors in the production of knowledge, and the production of culture perspective, which highlights the effects of institutional arrangements in the production of cultural goods. From the former, we have focused on the changing character of movement intellectuals, those to whom Ralph Rinzler in the epigraph that begins this article gave special place; from the latter, we have noted how, among other things, the changing nature of the recording industry helped recast the folk music revival. We hope that the foregoing has demonstrated that in combining these approaches, as well as areas of research interest, we have uncovered aspects of the folk revival others may have missed.     

南充市城区已婚育龄妇女二孩生育意愿研究

2018年4—5月在四川省南充市城区采用便利抽样,以已婚且未育或已育一个小孩的育龄妇女为研究对象,采用自制匿名问卷,以面对面的形式收集资料,了解实施全面二孩政策后南充市育龄妇女的生育意愿,为南充市的人口研究提供参考依据。在213名调查对象中,56人(26.3%)有二孩生育意愿,140人(65.7%)无二孩生育意愿,17人(8.0%)不确定是否生育二孩。南充市被调查者的理想子女个数均值为1.46,意愿子女个数均值为1.27。不同文化程度(χ2=7.512)、配偶月收入(χ2=12.641)、理想子女数(χ2=66.401)、一孩性别(χ2=5.441)的育龄妇女间二孩生育意愿差异有统计学意义(P<0.05)。Logistic回归分析显示,第一个孩子性别为女孩(OR=2.641,P=0.021)、丈夫月收入越高(OR=1.761,P=0.028)、理想子女数多于1个(OR=29.040,P<0.001)的育龄妇女更有意愿生育二孩。南充市城区二孩生育意愿处于较低水平,经济收入、理想子女数、一孩性别会影响育龄妇女的二孩生育意愿。全面二孩政策对于促进育龄妇女生育二孩的效应有限,应当建立相关的配套政策,以促进全面二孩政策的实施。     

Housing and children: simultaneous decisions?—a cohort study of young adults’ housing and family formation decision

This study contributes to earlier research on homeownership and childbearing by taking into account the potential simultaneity between these two life events. A dataset comprising three different Swedish birth cohorts suggests that these are events that are indeed simultaneous. Different tests indicate that taking this simultaneity into account gives an overall statistically significant improvement of the model fit. However, this result is most obvious for those young adults who faced increasing problems on the housing market. The childbearing decision of these cohorts also seems to be more sensitive to changes in the user cost.