To revise or not to revise: the ‘peace constitution’, pro-revision movement,and Japan's national identity

Why do conservative nationalists in Japan continuously seek to revise the constitution despite the past failures, and what is the likelihood of successful revision and its impact on Japan's norm of pacifism and its use of force? The article offers an analytical framework for the issue based on national pride and national security, and argues that the ‘revisionists’ seek to create a new national identity, one that infuses a greater sense of national pride among the public and enables the exercise of collective self-defense, thereby removing Japan's postwar psychological and institutional limitations on nationalism and military activities. The LDP's 2012 draft is most explicit and ambitious in this regard, with the current revision attempt under Abe having the highest chance of success since the 1950s. Successful revision would significantly expand Japan's security activities, particularly within the framework of the US–Japan Security Alliance, and entail the end of Japan's unique postwar institutionalized pacifism, although the norm of pacifism will linger on as a constitutional principle. For a smoother return to the international military scene, the Japanese government must distance itself from historical revisionism and utilize its enhanced military role to promote regional public goods rather than merely protecting its narrow national interests.     

七种药物对微小牛蜱的半数致死浓度测定

用浸渍法测定了楝素、三氟氯氰菊酯、苦皮藤、高效氯氰菊酯、溴氰菊酯、哒嗪酮、螨净 7种药物对未吸血的微小牛蜱 (Boophilusmicroplus)幼蜱、若蜱、成蜱及其饱血雌蜱的半数致死浓度(LC50 )。结果显示 ,所用药物中半数致死浓度最低的 3种药物是楝素、三氟氯氰菊酯、苦皮藤。植物性杀虫剂楝素对未吸血微小牛蜱的幼蜱、若蜱、成蜱及饱血雌蜱的半数致死浓度分别为3.0 1～ 3.13、4 .37～ 4 .77、11.18～ 11.36、2 75 .5 0～ 2 76 .5 0mg/L ;植物性杀虫剂苦皮藤对未吸血微小牛蜱的幼蜱、若蜱、成蜱及饱血雌蜱的半数致死浓度分别为 4 .2 2～ 4 .4 2、10 .30～ 10 .5 0、82 .5 0～82 .70、6 35 .30～ 6 36 .70mg/L ;人工合成的除虫菊酯类的三氟氯氰菊酯对未吸血微小牛蜱的幼蜱、若蜱、成蜱及饱血雌蜱的半数致死浓度分别为 3.4 2～ 3.4 4、7.10～ 9.0 6、4 2 .30～ 4 2 .5 0、5 45 .5 0～5 46 .70mg/L。     

知柏地黄口服液及丸的药效学和急性毒性

Both forms in koufuye and wan could increase the hypoxia tolerance of mice with hyperthyroidism of Yin deficient type, recover both the decreased body-weight and the weight index of adrenal gland of rats and the increased creatinine with urea nitrogen in plasma which were Yin deficient trpe of hydracortisone. They could also increase the phagocytic percentage of macrophage and neutrophilic granulocyte. The LD50 has not been measured even ig with maximal concentration and maximal volum of the drugs for 4 times in 24 hours.     

商榷“婚姻法解释（三）”第十一条规定之不适当——基于“对夫妻共有产权另一方权益保护”视角

本文通过引用《宪法》的规定,列举和分析此条对夫妻共有房产权另一方权益的侵害及其程度,以及由此导致的司法资源浪费、社会不安定因素的增加等方面的不适当之处,以《宪法》至高无上的法律效力、特别法优先于一般法、侵权行为是无效法律行为等法制的原理和原则,从维护司法公正、权威,保护妇女合法权益,维护全社会共同保障妇女权益的大好局势和社会安定团结等方面,提出对“婚姻法解释（三）”第十一条改变或撤销建议。     

The Legal Obligations of Albania in the Stabilization and Association Agreement Between Albania and EU

The purpose of this article is to discuss the legal effects of the preliminary agreement between Albania and EU （European Union） on the EU and on the Albanian national legal system. The topic is ＂The Legal Obligations of Albania in the SAA （Stabilization and Association Agreement） With EU＂, and the purpose is to address the issue of harmonization and application of the obligation in the most effective way regarding the EU legislation. The method used is systematic, comparative and teleological analysis of the European and national legal systems and inherent principles and reflection on the ways of integration and coordination between them. At first the sources and features of the EU legal system will be presented. Then the application of these principles in preliminary and pre-accession agreement and through them their influence over the EU and over the national legal system of the pre-accession states will be presented. The contribution will be to argue that the preliminary agreement between EU and Albania creates legal effects both on the EU and on the national legal system of the pre-accessions countries. Their lull and effective application will be the duty of national court and legislators.     

论法律选择中的替代条款——兼评《涉外民事关系法律适用法》第41条

替代条款要求在案件与一国有更密切联系时,排除冲突规则对案件的适用,发挥最密切联系原则的矫正功能。替代条款是法律选择的灵活性超越确定性的明证,是＂方法＂对＂规则＂的融合和革新,是英美法的自由裁量主义和大陆法的严格规则主义的较量。替代条款的盛行同样诠释了法的正义价值和安全价值之间博弈发展的古老命题,彰显了法律现实主义在冲突法领域的一度勃兴和鼎盛。《涉外民事关系法律适用法》在合同领域没有采用我国已有立法和各国立法中的替代条款,实为一大憾事。     

The European Court of Justice in Bolagsupplysningen: The Brussels I Recast Regulation's jurisdictional rules for online infringement of personality rights further clarified

In the European Union the Brussels Ibis Regulation governs the jurisdiction of Member State courts in civil and commercial matters. The reference for a preliminary ruling coming from the Estonian Supreme Court in the Bolagsupplysningen case offered the European Court of Justice another opportunity to develop its interpretation of the special ground for non-contractual obligations (article 7.2). The European Court of Justice's Grand Chamber ruled that legal persons, like natural persons, have the option of bringing a claim based on the infringement of personality rights by an online publication before the courts of the Member State where their centre of interests is located. It laid down that the centre of interests of a legal person pursuing an economic activity is determined by reference to the place where the company carries out the main part of its economic activities. The victim of a tortious internet publication can only seek an order for rectification and removal of the incorrect information in the courts that have jurisdiction over the entirety of the harm sustained and not before the courts that only enjoy jurisdiction with regard to the damage suffered in their territory.     

The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.     

论特殊防卫权

我国1997年刑法在第20条第3款规定了特殊防卫权。针对刑法理论界与司法实践中出现的争议与疑难问题,本文从特殊防卫权名称的确定与特殊防卫权的适用两个角度进行了分析,提出第20条第3款应称为“特殊防卫权”,并且对于如何理解该条的规定做了合理的解释。