请求权、形成权、抗辩权——对几个基本概念的研究

请求权,形成权,抗辩权是民法的枢纽性概念。本文拟对上述范畴作一阐述,并澄清几个概念的相互关系。     

论《合同法》中前后矛盾或自相矛盾的几个条款

1999年《合同法》的颁布不仅是合同法的重大发展,而且对中国民法典的制定具有促进作用。但《合同法》的某些条款存在前后矛盾或自相矛盾之处,主要包括:第10条、第36条关于书面形式的弹性规定之间的矛盾;第25条、第32条、第33条关于合同成立时间的规定之间的矛盾;第34条、第35条关于合同成立地点的规定之间的矛盾;第140条、第25条关于合同生效的规定之间的矛盾及第140条的内在矛盾。上述条款之间的前后不一致或内在矛盾需要通过司法解释或法律修订进一步完善,以减少当事人之间不必要的纠纷。     

论合同的有效成立及其约束力

合同的成立通过形式逻辑的手段进行二阶构造,这不但能凸显出合同的表面成立和合同的有效成立的各自意义,而且有助于深化对合同成立问题的认知。合同的有效成立是研究一切合同问题的逻辑起点,所以对合同有效成立上的法律约束力问题的研究就显得很有必要。     

论我国侦查理念及其法治化

侦查理念法治化是侦查法治化的先导,引导着制度构建和侦查实践。侦查理念由侦查属性观、侦查目的观、侦查构造观等内容构成。侦查理念的法治化包括:侦查属性观由专政活动说、认识活动说走向执法活动说;侦查目的观由打击敌人说、查明真相说走向公平正义说;侦查构造观由敌我斗争模式、实事求是模式走向正当程序模式。     

美国洛杉矶地区的日裔社区

日本人在美国落籍始于1841年。美国的日裔人喜欢聚居生活,并保持着较浓郁的日本文化和生活方式,在洛杉矶形成了无数个日裔社区。但随着美国市场的变化和日裔青少年美国化的加剧,日裔社区的凝聚力正在减小。     

Institutional veto players and cabinet formation: The veto control hypothesis reconsidered

Are potential cabinets more likely to form when they control institutional veto players such as symmetric second chambers or minority vetoes? Existing evidence for a causal effect of veto control has been weak. This article presents evidence for this effect on the basis of conditional and mixed logit analyses of government formations in 21 parliamentary and semi‐presidential democracies between 1955 and 2012. It also shows that the size of the effect varies systematically across political‐institutional contexts. The estimated causal effect was greater in countries that eventually abolished the relevant veto institutions. It is suggested that the incidence of constitutional reform is a proxy for context‐specific factors that increased the incentives for veto control and simultaneously provided a stimulus for the weakening of institutional veto power.     

“Double transformations:” nation formation and democratization in interwar East Central Europe

Following the collapse of empires and the subsequent founding of self-determined nation-states, East Central Europe experienced a turning point after World War I. The new states had to transform themselves from branches of a multi-ethnic empire to independent nation-states, as well as from a system of monarchy to democracy at the same time. We argue that one cannot really understand why democracy failed in almost all East Central European states after World War I if one does not take into account the extreme challenges of this “double transformation” consisting of the interactions of the two tightly interwoven processes of nation formation and democratization. Therefore, we deem it necessary to develop a broader research program that addresses the complex interlacement of these two fundamental transformations of politics and society.     

The Origins of the European Coalition for Vision: Exploring the Formation of a Network

Despite growing interest in EU-level transnational networks, there is little understanding about how these form. This article investigates the formation of one network—the European Coalition for Vision (ECV). Using document analysis of 100 email exchanges, 12 semi-structured interviews, and observation of 5 ECV meetings, it identifies environmental and organizational triggers, most important to the creation of the ECV. Findings show that while environmental triggers played a role in ECV formation, organizational triggers were crucial. In particular, the presence of network leaders, a network entrepreneur and a network mentor were vital for the successful creation of the network.     

Just sick of it? Health and political trust in Western Europe

This article explores two theoretical possibilities for why personal health may affect political trust: the psychological‐democratic contract theory, and the role of personal experience in opinion formation. It argues that citizens with health impairments are more likely to experience the direct effects of political decisions as they are more dependent on public health services. Negative subjective evaluations of public services can lower trust levels, especially if people's expectations are high. Using European Social Survey data, the association between health and trust in 19 Western European states is analysed. The results indicate that people in poor health exhibit lower levels of trust towards the political system than people in good health. The differences in trust between those in good and poor health are accentuated among citizens with left‐leaning ideological values. The results suggest that welfare issues may constitute a rare context in which personal, rather than collective, experiences affect opinion formation.     

Politics of power and hierarchies of citizenship in Angola

This article discusses citizenship and belonging with reference to processes of post-war state formation, namely: the MPLA’s political hegemony and the centralisation of power in the presidency. It argues this political arrangement imposes upon individuals an oscillation between different ‘levels’ or hierarchies of citizenship with a tendency towards marginalisation, formally allowing them to access both but under the specific circumstances dictated by the MPLA party state. Without a strong political opposition with a plausible alternative citizenship doctrine and with little incentives to improve the terms of citizenship it provides to the population, the Angolan government constructed a system of interests whereby the MPLA functions as a gatekeeper. Both in control of the state and of the distribution of citizenship, the regime regulates the flow of resources to the bottom through strategies of poverty and dependency, which increase the distance between the state and the population and sponsors the marginalisation of the majority.