第三人撤销之诉的解释适用——以新《民事诉讼法》第56条的适用为视角

为遏制司法实践中频现的恶意诉讼、虚假诉讼,对遭受此类诉讼侵害的案外第三人提供有效的权利救济,新修订的《民事诉讼法》第56条第三款增加了第三人撤销之诉制度。该制度是立法者在追求司法的权威性、法律秩序的稳定性与追求实质正义的价值理念上博弈的成果。从第三人撤销之诉的立法渊源、内涵来看,对该制度在适用中应该予以限制,并且从我国新《民事诉讼法》第56条的解释适用方面出发,应当建立并完善该制度实施的程序设计及相关的配套措施,为实践提供借鉴。     

我国公司法定类型的反思及逻辑建构

自公司诞生以来,公司这一组织形式就受到各国商业实践和立法的特别重视。各国商事立法均对公司类型加以规定,并分门别类地对公司设立、股东权利、公司治理等进行相应规范。虽然商事逻辑的共通性拉近了各国立法上的公司类型,但各国在公司法定类型及相应公司规制上的差异仍旧鲜明。这也反映在我国学界对公司法定类型的争议上。我国公司法定类型改革应坚持本土商业实践逻辑,并确保改革成本最小化。由此,保留有限责任公司和股份有限公司,并按公司规模大小进一步区分出大型公司与小型公司,就成为理性选择的结果。具体而言,在有限责任公司中,增设大型公司,明确大型公司认定标准,并在公司机关设置、财务会计制度等方面给予相对严格的例外规定;在股份有限公司中,增设小型公司,对其赋予更加灵活、便捷的自治,并将上市公司扩增为公众公司。     

Russia's quest for multipolarity: A response to US foreign policy in the post‐cold war era

A good deal of attention has recently been focused on whether and how new ‘poles’ will rise to challenge American hegemony. This article examines the conscious effort by Russian policymakers and commentators to foster a multipolar world designed to resist American domination of the international system. In particular, three policies are examined: the formation of a Slavic Union with Belarus; the developing de facto alliance with China; and the ‘democratization’ of international politics. In light of Moscow's policies, I conclude that American foreign policy has become counterproductive by sparking balancing behavior on the part of other great powers.     

EU Integration and Cultural Diplomacy in Times of Crisis: The Case of Greece

The economic crisis challenges the integration policies of the European Union (EU) and reduces its soft power. Developing from a discussion on cultural values, cultural diplomacy is proposed as a way for the EU and its member states to address the negative effects of the crisis on their soft power and integration process. Cultural values, identity issues, top-down and bottom-up stakeholders, policies, and prospects for cultural diplomacy are explored with a focus on Greece. A proposal based on the balancing of sociocultural with economic principles is presented as a conclusion that would address soft power deficits and further EU integration.     

论农地的公益性及农地征收中的公益衡量

我国的农地是农民集体与集体成员的财产而不是公共财产,但同时却承载着法律保护的公共利益,如经济安全、环境保护与社会稳定.因此,农地征收内含着目的公益与客体公益的冲突与平衡问题.鉴于我国现行农地征收制度与实践对农地公益保护的不足,建议未来的集体土地征收立法改进农地公益保护模式,提高农地征收的公益标准,仅将重大公益作为农地征收的目的要件,严格控制重大公益的范围,并健全公益审查程序,以实现农地公益与征收公益的平衡.     

Regionalism through social policy: collective action and health diplomacy in South America

Abstract

This paper is concerned with the place of social policy as a driver of region building in South America. The contention is that while much has been written about economic integration, institutions and security communities in regionalism, a discussion of the significance of other regional projects has lagged behind. Social policy, particularly in the Americas, has been neglected as a policy domain in the account of regionalism. Changes in the political economy of Latin America in the last decade suggest that we need to engage afresh with regional governance and social policy formation in the Americas. By looking at the institutions, resources and policy action in the area of health within the Union of South American Nations (UNASUR) this paper reconnects regionalism and social policy and explores two interrelated, yet largely unexplored, issues: the linkages between regional integration and social development beyond the historical hub of trade and finance; and the capacity of UNASUR to enable new policies for collective action in support of social development goals in the region, and to act as a broker of rights-based demands in global health governance. In so doing, the paper contributes towards a more nuanced understanding of regionalism and regionalization as alternative forms of regional governance.     

Communicative Diplomacy for the 3rd Millennium

Abstract

In today's world of revolution in communications and information as well as of global interdependency, a medialised politics became a general reality. One can observe such a trend specifically in the field of international and foreign affairs where state and other actors use communication channels and public relations to a large extent to improve on the content and in particular, on the image of their policies. Here one can also argue that a major share of bilateral and multilateral relations among states is shaped by the international media, or vice versa, that all major “wars” are “fought” through the media.

This article explores the increasing inter-relation between state foreign affairs on one side, and media and public relations, on the other. The article starts off with basic concepts of a “new/democratic diplomacy” (Nicholson, 1988) and a “public diplomacy” (Signitzer in Combs, 1992), and compares them with definitions of “international public relations” (Kunczik, 1997). It attempts to build the general analytical framework on the basis of comparative case studies of developed countries with an established diplomatic tradition and of new democracies still proving themselves on the international fora. In this context, particular attention is given to communication in relation to international organisations like NATO and the EU.     

Understanding institutional change: Fiscal management in Local China

As China's economy continues to grow, it wants to expand its markets and secure reliable supplies of resources in support of its economic development. Resource diplomacy therefore becomes a prominent feature of its modernisation diplomacy. In turn, many African governments perceive political and economic ties with China to be an important asset, which strengthens their international bargaining power, especially vis-à-vis Western governments. African countries are also depicted as China's reliable political and economic partners, though one can hardly afford to be optimistic regarding Africa's peace and development in the future. Many small African governments have been switching diplomatic recognition between Taipei and Beijing for economic assistance too. Chinese leaders have no intention of engaging in diplomatic and strategic competition with the USA and the European Union in Africa, but they certainly will not co-operate with Western governments in helping Africa because they want to push for multipolarity.     

BRICS corporates: In collaboration or in competition in Africa? Case studies from the South African mining industry

Framed by the 5th BRICS Summit in South Africa in March 2013, this analysis examines economic ‘South-South’ linkages on a company level. A qualitative case study focuses on a small number of private corporations operating in the South African mining and minerals sector. It looks at their reactions to increasingly competitive markets in the regions of Southern and West Africa, thus on their agency, defined as the ability to act in complex uncertainty. Findings present how the South African cases' engagements with strategically selected partner companies from the other BRICS economies can succeed. This contribution attempts to examine entrepreneurial rationale that can be taken as anecdotal evidence of a new ‘economic diplomacy’ at corporate level. The examples illustrate how agency enables certain adaptations of strategies for creating competitive synergies from collaboration with new actors from the other BRICS economies in Africa.     

International assistance to promote independent media in transition and post-conflict societies

This article focuses on an important but neglected area of democracy assistance: international aid to build and strengthen independent media in transition and post-conflict societies. The purpose of such assistance is to promote democratization by facilitating the free flow of information, transparency, accountability in the government, and economic growth. The article describes the origin of media assistance, examines the focus of media programmes, and presents some of the most important policy and programmatic lessons derived from fieldwork in seven locations: Afghanistan, Bosnia, Central America, Indonesia, Russia, Sierra Leone, and Serbia. The article ends with a plea for further research by the academic community on the subject.