论民法上恶意串通行为之效力

我国民法上关于恶意串通损害第三人利益的行为无效之规定,系在前苏联民法立法和理论的影响下产生的,该规定不具体分析当事人与第三人的利益关系,也不区分行为人意思表示之真实与否,这样一项极其含糊的规定,在实践中极易被曲解和误用,其实际效果必然与立法初衷相悖,是一项不合理的规定,故在今后我国制定民法典时应予取消,对于涉及第三人利益的法律行为之效力,应当斟酌具体情况,加以规定。     

USING EXTERNSHIPS TO INTRODUCE FAMILY LAW STUDENTS TO NEW PROFESSIONAL ROLES

Law schools are seeking ways to familiarize family law students with exciting new professional roles arising in connection with family court reform. This article describes the family law externship program at William Mitchell College of Law which includes a classroom component allowing students placed in different practice settings to compare and contrast their experiences. The program assists students in making career choices and enhances their ability to counsel future clients.     

Linkages Methodology: No Man is an Island

The paper argues that given the diversity of the field of forcedmigration, research requires a multi-disciplinary approach andan awareness of the multiplicity of interacting factors whichcome into play. It examines two key texts published 20 yearsapart which exemplify the linkages approach. Imposing Aid (1986)studied the developing situation in Sudan as refugees arrivedfrom Uganda in the early 1980s, and showed the unproductivenature of interactions between officials and refugees. Landscapeof Hope and Despair (2005) examined the situation of Palestiniansin refugee camps, where the refugees’ own agency comesup against the structural constraints of camp administrationand the political actions of local and international power holders.     

THE POTENTIAL OF THE FAMILY LAW EDUCATION REFORM PROJECT FOR FAMILY LAWYERS1

Family lawyers are major beneficiaries of the reforms set out in the Family Law Education Reform Project (FLER) Report. This commentary from a veteran family law practitioner explores the needs of the family law bar for the training of law students in practical, interdisciplinary, client‐centered lawyering that goes beyond the traditional case method. I trace many of the current innovations evolving in family law practice and how FLER reforms will not only benefit law schools but also have a major impact in the courts and private practice sector.     

第九届"亚洲社会论坛"综述

在经济全球化和区域合作不断发展的背景下,在亚洲各国和地区,以三方协商机制为主的社会对话与合作,应当以保障劳动者合法权益、促进劳动关系的和谐发展为目标,建立诚实互信的社会环境以及完善相关立法.在具体的制度建设上,不同国家和地区可以选择不同形式,积极探索与自身情况相适应的劳动关系协调模式.     

从回应到协作:治理、公民与未来的公共行政

新公共管理运动要求政府和公共机构将公民当作客户 ,积极回应公民。这隐含着把公民视作公共服务和公共产品被动接受者的危险 ,忽视了与公民之间开展协作。作者对这一做法提出质疑 ,强调要加强政府和公共机构与公民以及其他社会参与者之间的协作和伙伴关系     

加拿大刑事司法相关制度对我国的启示

加拿大刑事司法相关制度颇具特色,对我国具有重要的借鉴意义。我们要逐步完善未成年犯罪人权利的特殊保护制度;完善警检协作关系;合理引入辩诉交易制度;建立健全证据开示制度。     

商务英语复合型人才的培养模式研究——以理工院校为视域

理工院校商务英语专业在复合型人才的培养条件方面具有自己的优势。理工科院校学科门类齐全,与市场需求密切相关,特别是经济学、金融学、对外贸易等学科有着深厚的教学经验和较好的硬件设施。加之很多英语专业学生在高中阶段即是理科生,具有很好的理工科知识基础。理工院校只有充分利用自身的优势,并根据社会发展不断探索完善,才能培养出更多优秀的商务英语专业复合型人才。     

The Fragility of Law: Anti-Jewish Decrees,Constitutional Patriotism,and Collaboration Belgium 1940–1944

In October and November 1940, the German Military Command which ruled conquered Belgium, introduced a series of measures aimed at the identification and exclusion of the Jews of that country. The Belgian government of the day refused to allow the measures to be incorporated into Belgian law, but did permit, under their reading of the Hague Convention, government departments and local administrations to assist in implementing the German anti-Jewish Decrees. The Brussels Bar, Prosecutors and Court of Cassation refused to accept the authority of the Occupier to violate basic rights guaranteed under the Belgian Constitution. Officials in Antwerp, on the other hand, struck all lawyers identified as "Jews" from the Roll. This article examines these instances of "constitutional patriotism" and "constitutional betrayal" by these actors in the Belgian legal system, and offers some preliminary discussion of important questions about our historical and current understandings of legality, legitimacy and citizenship in light of this part of the Belgian experience of law under Nazi occupation. This revised version was published online in July 2006 with corrections to the Cover Date.     

Building informal knowledge‐sharing relationships between policy makers and academics: Insights from a PM&C engagement project

This article outlines an innovative project to encourage knowledge sharing and engagement between academics and a policy team within the Department of the Prime Minister and Cabinet (PM&C). The project was designed to enhance policy advice by drawing on a group of academics outside the policy ranks to act as a sounding board, to question, and provide differing perspectives within the policy process of crafting advice to government. External expertise and particularly academic research has the potential to improve evidence‐based policy but often fails to be specific or timely for those at the “pointy end” of policy decision making. An informal knowledge sharing framework has the potential to improve the exchange of information through confidential and targeted conversations between researchers and public servants as one way of overcoming these barriers.