宪法与民法典关系的四个理论问题

从宪法角度和法律三元分类角度看,民法典将基本民事主体表述为"公民"比表述为"自然人"更合适。各国宪法差异决定中国民法典表述基本民事主体不能复制德国民法典的规定。就性质而言,民事主体内部关系的内容是权利与权利,应避免使用"权力"之类术语来定义其内部组织或描述其功能。在数字化时代,民法典应着力保障在数字化背景下备受威胁的个人隐私权,促进民事主体实质性享有平等的发展权利,但不宜承担公法功能。     

Citizen aid,social media and brokerage after disaster

Abstract

In a crisis, aid providers deliver humanitarian relief across a hierarchy of organisations where influence and capacity map to their scale of operations. On the front lines of crises, ‘citizen aid’ is what small, local and informal groups offer to fellow citizens. These citizen aid groups are well-networked in place and tend to work through longstanding personal relationships. In the Philippines, citizen aid groups frequently support their activities by documenting their work with photos of beneficiaries to solicit donations from within the country and around the world across social media platforms. This paper builds on recent debates on brokerage through a case study of citizen aid in the relief effort after Typhoon Haiyan (2013–2017). Using this case-study approach, we demonstrate how social media has produced novel forms of brokerage shaped by circulating images online. This new kind of brokerage involves a layered network of brokers that both shapes citizen aid efforts and creates new channels for localising aid, enhancing the control of citizen groups in the Global South over aid.     

婚约法律问题研究

婚约是婚姻关系建立前的习惯性程序,经历了从罗马法、寺院法到近现代法的不同发展时期,产生的法律效力也各有不同。婚约在我国是一种重要的民事习惯,历代封建统治者都十分重视对婚约关系的调整。婚约的成立应以当事人自愿自行订立、具有完全民事行为能力、未婚及无禁止结婚的血亲关系为条件,依法成立的婚约对双方当事人及第三人均产生一定的法律效力。婚约存续期间双方互赠的财物,在婚约解除时应按不当得利予以返还。一方擅自解除婚约或因他方过错而解除婚约的,无过错方可请求损害赔偿。将婚约视为纯粹的道德问题,不仅人为地缩小了民法的调整范围,也不利于财产纠纷的解决,应通过民法典的制定予以规范。     

Mobilizing from the Margins: Domestic Citizen Politics and Yasukuni Shrine

Prime Minister Koizumi’s six consecutive annual visits to Yasukuni shrine played a key role in initiating a new phase of domestic citizen political mobilization not seen since the early 1970s. This paper is based on field research during the Koizumi years (2001–2006) centering on domestic groups that conduct activities in “protection” of or “opposition” to Yasukuni shrine. As a study of street-based politics, this paper seeks to uncover the processes, strategies, and outcomes of citizen responses to elite political action at Yasukuni Shrine as well as explore meaning of their actions within the context of Japan’s democratic polity.

Putting Local Associations Into their Context. Preliminary Results from a Swiss Study of Local Associations

The paper presents results from the Swiss case of the European comparative project CID (Citizenship, Involvement, Democracy). This project examines the relationship between political institutional assets and civic and political engagement in several Western and Eastern European countries. The paper seeks to investigate how civic engagement can be generated and shaped by a given institutional and political context as well as by a peculiar community size. The central hypothesis is that the context affects the character of local participation. To verify this, the papers examines two different Swiss cantons: the German speaking Canton of Bern and the French speaking Canton of Vaud. Moreover, for each canton, four local communities of different size have been selected. This research design discusses how participation is fostered by a more open political opportunity structure (the German canton), and how this combines with the size of the community.     

婚约“彩礼”返还之法理分析

彩礼作为婚约的伴生物已存在了几千年,我国婚姻法对婚约效力的忽略导致了彩礼法律属性的混乱.为解决实践中的问题,最高人民法院司法解释规定了彩礼返还的3种情况,在一定程度上解决了司法实践中的不一致现象,具有一定的实际意义.因此,有必要对彩礼的法律属性做进一步分析,确定其赠予合同的性质.婚姻法应明确婚约无效的规定,为彩礼的有条件返还确立法律上的依据.     

Vote Oswego: Developing and Assessing the Campaign-as-Course Model

College campuses have taken on increased responsibility for mobilizing young voters. Despite the discipline’s commitment to civic engagement, political science departments play a minimal role in this programming. This article outlines a course structure—including learning objectives, course outline, and assessments—that treats a campus-wide voter mobilization drive as the basis of an applied political science course. Transforming a campus voter mobilization program into a political science practicum offers advanced skill-building for students seeking political careers and links learning objectives to real world activities. Participants report gains in both knowledge of campaigns and grassroots campaign skills. We argue this type of course particularly benefits students attending colleges and universities in geographic areas that receive little attention from political campaigns as well as those students for whom the traditional route of gaining political experience—an unpaid, off-campus internship—is impractical or even impossible.     

Partisan Media and Engagement: A Field Experiment in a Newly Liberalized System

How does media exposure affect political engagement in newly liberalized systems? Some celebrate newly vibrant and diverse media, believing that they mobilize citizens. Others worry that these outlets, which are often partisan, dampen engagement. We theorize that exposure to political programming engenders interest in politics irrespective of program bias, but that interest does not necessarily beget action. Partisan media affect participation only when altering attitude strength, and thus motivations. To evaluate media effects on interest and participation, we conducted a field experiment in Ghana, in which subjects in tro-tros (commuter vans) were randomly exposed to different types of live talk radio. We find that partisan and nonpartisan media increased political interest, but not participation. Instead, exposure to alternate perspectives on cross-cutting media (i.e., those biased against subjects’ partisan preferences) heightened ambivalence and dampened participation, measured as signing a petition to parties. Partisan media simultaneously increased interest and decreased participation.     

Does U.S. Marine Corps Recruit Training Constitute a Type of Civic Education?

In what respects can military basic training affect veterans’ civic identities? According to a 2015 report published by the National Conference on Citizenship (NCoC), military service positively affects civic health. While social scientists have also noted this possible connection, little attention has been paid to how and why this link might exist. To test the purported relationship between military training and increased civic capacities, I explored the United States Marine Corps’ (USMC) Recruit Training program. I conducted 20 semi-structured, in-depth interviews with 17 enlisted Marine veterans and Marine drill instructors (DI) to ascertain their perceptions of the pedagogical aspirations of their service’s recruit training. The study’s participants reported that Marine Corps Recruit Training does seek to inculcate skills, values, and habits that are consistent with a civic identity as discussed in the civic-engagement and civic-education literature.     

论奥古斯丁《上帝之城》的教会历史观念

《上帝之城》第十五和十六卷围绕"复活之子"的观念,论述了"希望求告上帝的名"与教会论之间的关系,阐释了教会作为地上之城的羁旅的含义。本文指出奥古斯丁历史哲学视野下教会的福音性本质,即教会是流动着的爱的会幕。奥古斯丁又把这种福音性的爱进一步表达为公民的责任,告诫教会不仅要警惕他自身与世俗的权柄之间的关系,而且要警惕以在天的权柄即在上帝之名下拥有权柄介入世俗共同体的界限。奥古斯丁以他对教会的福音性理解诠释了"为我们的上帝"的历史性。