变更与追加被执行主体问题研究

一、被执行主体变更与追加的概念及区别 (一)被执行主体变更与追加的概念 被执行主体的变更,是指在执行过程中,生效法律文书所确定的义务人,因发生注册资金不实、抽逃资金、歇业、分立、兼并、死亡或终止等法律事实,造成生效法律文书无法兑现时,人民法院依照法学理论和有关法律规定裁定直接责任人或受益者为执行主体的司法活动.     

Parliamentary questions in the European parliament: Representation,information and control

Parliamentary questions and the membership of the European Parliament have both remained under‐researched. This article redresses the deficit by using a content analysis of written questions to analyse the behaviour of MEPs. Since tabling a question is one of the last formal rights of the backbencher, the study of parliamentary questions may be regarded as a particularly useful tool for increasing our knowledge of the way that MEPs understand their role as representatives. First the formal rules, function, and importance of parliamentary questions are explained. The following dimensions of questions are analysed: the questioning activity of MEPs, party groups, and national delegations; the issues MEPs raise in their questions, and the territorial dimension of the questions.     

Beyond collective representation: individual members of parliament and interest representation in the Netherlands

In political representation research it is now generally recognised that in parliamentary systems political parties rather than individual members of parliament are the key actors in the process of political representation. However, this focus on political parties might have led to an underestimation of the role of individual members of parliament in this process, even in purely parliamentary systems. It tends to neglect the efforts of representatives to secure particular benefits for individuals or groups in their constituencies. In this paper we will address the question to what extent these forms of representation are part of the repertoire of activities of members of the Dutch parliament as compared to other European parliaments.     

Checks and balances in a unicameral parliament: The case of the Danish minority referendum

Parliamentary students from James Madison onwards have argued that bi‐cameral legislatures provide more efficient checks on parliamentary majorities than unicameral legislatures. Yet there is a growing tendency to abolish second chambers or to establish unicameral parliaments. This note challenges the case for bicameralism through a study of Art. 42 of the Danish Constitution (which allows one‐third of the MPs to demand a referendum on bills enacted by the majority in the Folketinget). It is formally shown that the minority veto efficiently prevents the majority from enacting changes to the status quo without acknowledging the position of the minority party. The findings are contrasted with survey findings and interviews with MPs.     

The power of legislative hot air: Informal rules and the enlargement debate in the European parliament

Integration theorists disagree over the extent to which the European Parliament can substantially influence policy‐making processes in the absence of formal agenda‐setting power. This article discusses the impact the European Parliament had on the current enlargement negotiations. Although the legislature does not yet possess the means to alter the stance of the European Council, it has tried to reverse the status quo through the use of its informal bargaining power. We argue based on a principal‐agent framework of analysis that the effectiveness of this strategy is largely a consequence of the ability to speak with one voice. The article evaluates various mechanisms to help the European Parliament build a unified position. It refutes socialisation and specialisation theories, showing that party group pressure towards a unified position overrode national concerns and constituted a necessary precondition in the development of an integrationist attitude. A statistical analysis of the pre‐bargaining positions inside the Foreign Affairs and Security Committee largely confirms the insights from qualitative interviews with participants and observers.     

Changes to the training of English and Welsh lawyers: implications for the future of university law schools

The focus of this article is upon the plans by the Bar Standards Board and, in particular, the Solicitors Regulation Authority to remodel the education and training processes for barristers and solicitors. Introducing the most radical changes to legal education in recent decades, the proposals present Anglo-Welsh law schools with dilemmas in terms of their future educational models, student recruitment and issues of equal opportunities and accessibility. However, opportunities are also present, should some law schools wish to utilise the momentum for change to move away from constraints necessitated by following an, in part, professionally determined syllabus. Research Excellence Framework, professorial expertise and doctoral degree data are used to demonstrate that some law schools have moved away from focusing on areas most relevant to professional practice, but have retained a dependence on qualifying law degree status to recruit students in comparatively large numbers.     

Mixed Messages in Bottles: the European Union,Devolution, and the Future of the Constitution

An unprecedented eleven‐member UK Supreme Court decided R (Miller) v Secretary of State for Exiting the European Union on 24 January 2017. The Government's argument, that it could start the process of withdrawing from the EU using a prerogative power instead of an Act of Parliament, was comprehensively defeated by an 8:3 majority. However, the Government also secured a unanimous verdict that it did not need the consent from the devolved legislatures in Scotland, Wales, and Northern Ireland before invoking Article 50 of the TEU. I explore the judicial argumentation in light of Philip Bobbitt's six modalities of constitutional argument, five of which feature, and one of which ought to have featured, in this seminal case.     

The reluctant activist: the Italian parliament and the scrutiny of EU affairs between institutional opportunities and political legacies

ABSTRACT

The article analyses the participation of the Italian Parliament in the scrutiny of EU affairs after the entry into force of the Treaty of Lisbon and its implementation through the national Law 234/2012. The empirical analysis highlights that notwithstanding the presence of favourable institutional and political conditions, the involvement of the Italian Parliament in EU affairs moderately increased. The Treaty of Lisbon and Italian legislation improved Parliament’s rights to participate in the ascending phase but without altering significantly the balance of powers between the European Commission and NPs, and between the Italian Parliament and the Government. Moreover, MPs perceive the EWS and the PD as not impactful on decision-making at the EU and the national level.     

European integration and the french parliament: From ineffectual watchdog to constitutional rehabilitation and an enhanced political role

The development of the European Union is as much an opportunity as a threat to national parliaments. Our case study of the French Parliament suggests that as the process of integration has quickened in pace and broadened in scope, parliament has on successive occasions used the opportunity to strengthen its constitutional position with the introduction of Article 88‐4 and improve its capacity to scrutinise government through the adoption of a series of laws. Parliament now has the power to delay if not block the adoption of measures at European Union level by refusing to lift its scrutiny reserve. It is difficult to determine if parliament has significantly increased its influence over the government on European affairs, but it is now able to adopt potentially politically significant resolutions on all European Union issues which the government takes into account when negotiating in Union institutions. European integration has been a significant factor in the rehabilitation of the French Parliament.     

Racism and Xenophobia: A Brief Note on the Scottish Experience

This short article plots expressions of racism andxenophobia in Scotland from the 15th to the 20th Centuries andnotes that in modern Scotland social divisions on the ground ofrace or religion have been dealt with without bloodshed. Theauthor hopes, that with the introduction of the EuropeanConvention on Human Rights into the domestic laws of the UnitedKingdom, this will continue to be the case in the 21st Century.     

Women's Representation in the Scottish Parliament and National Assembly for Wales: Party Dynamics for Achieving Critical Mass

The new Scottish Parliament and National Assembly for Wales elected in May 1999 were notable for the high levels of women's representation amongst their membership. This article examines the decisions taken by the main political parties about candidate selection and specifically the promotion of women candidates, exploring some of the inter and intra party dynamics influencing this result. The most significant changes were achieved in those parties that adopted rigid policies of positive action in favour of women. The decisions to adopt such systems were influenced by party ideology, degree of centralised leadership control and presence of women in positions of power within party elites. The environment in which such measures were considered was also highly influenced by the new electoral system and the presence of women activists in the design of the new institutions, particularly in Scotland. Together, these factors made women's representation a central feature in party competition.     

Follow the leader: testing a deductive approach for studying parliamentary party leadership roles

Parliamentary party group leaders (PPG leaders) are crucial – yet understudied – actors in modern representative democracies. Inspired by the literature on parliamentary roles, we test a deductive approach in order to explore the attitudes and behaviours of PPG leaders. Given their common duties, such as monitoring group members and securing party cohesion, we expect that PPG leaders across several countries would exhibit a common pattern that distinguishes them from other MPs. However, neither a common, nor a distinguished pattern of attitudes and behaviour is confirmed by our results based on Partirep MP Survey data. This, together with other theoretical difficulties, points us to the need to study PPG leaders’ roles by using in-depth single-country studies.     

Agenda-setting in the German Bundestag: origins and consequences of party dominance

The procedure for setting the agenda in the German Parliament originated in the middle of the nineteenth century in the Prussian Chamber of Deputies in which an informal committee arranged the agenda by an inter-party consensus. This party-dominated procedure, continued in the Reichstag of the Empire and the Weimar Republic, was institutionalised in the German Bundestag in the second half of the twentieth century. It takes account of the central role of the Fraktionen in the Bundestag and of the specialisation and division of labour that developed within them. The procedure is designed to achieve consensus among all parties and to distribute agenda-setting power between parliament and cabinet. Though remarkably decentralised, it has predictable outcomes that contribute to the impression that the Bundestag is a stage-managed parliament.