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Paul Craig 《European Law Journal》2017,23(3-4):234-249
This article considers the role of the Eurogroup in EU decision‐making, a topic that is under‐theorised, more especially given its importance in the overall EU schema. The Eurogroup's power has grown very considerably, largely because of the enhanced role that it has been accorded as a result of the financial crisis, with the result that its power no longer accords with the Treaty provisions that specify its function. The article sets out the Treaty foundations of the Eurogroup, examines its role in EU decision‐making, the rationale for its increased power, and the extent to which it is politically and legally accountable. 相似文献
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Cochran JK Bjerregaard B 《International journal of offender therapy and comparative criminology》2012,56(2):203-217
Anomie is a highly prominent theoretical construct in macro-social, particularly cross-national, criminological inquiry. Yet despite its prominence, it has proven to be quite elusive with regard to its measurement and, hence, making it nearly impossible to test theoretical hypotheses regarding its predictive efficacy. Although the concept, whether derived from Merton's classic conceptualization or from its current incarnation in the form of institutional anomie as developed by Messner and Rosenfeld, is multidimensional and complex in its theoretical structure, most researchers have attempted to operationalize it through simple, single-item, often surrogate/proxy measures. The present research note attempts to develop a measure that is more consistent with its multidimensional and complex nature. This more complex operationalization is then examined with regard to its efficacy at predicting cross-national levels of both homicide and theft. Our results suggest that that this new operationalization has considerable predictive efficacy, accounting for approximately one third of the variation in the cross-national level of both homicide and theft. 相似文献
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侵占罪疑难实务问题 总被引:2,自引:0,他引:2
本文对侵占罪的若干疑难实务问题进行了研析。文章认为 ,侵占罪之“拒不退还”或者“拒不交出”的要件 ,应当于侵占人第一次以某种方式明确向财物所有人、占有人或者他们所委托的人以及有关机关表示其拒不退还或者拒不交出侵占物的意思时即已成立 ;在任何情况下 ,对侵占罪都不能以公诉形式提起诉讼 ;侵占罪是即成犯而不是继续犯 ,其追诉时效期限应当从侵占人表明其拒不退还或者拒不交出侵占物的立场时起算 ;侵占案件中的被害人在法定的民事权利保护期限内未主张要求侵占人返还侵占物的 ,并不影响他提起刑事诉讼的权利 ,只是他不能再同时提起附带民事诉讼 ;检察机关不能对一审尚未生效的有关侵占案件的判决提起抗诉。 相似文献
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物权行为无因性理论之目的论解释 总被引:2,自引:0,他引:2
支持或反对物权行为无因性理论者,实质上都是基于某种法律上的意识形态,以一种目的论或功能论的态度加以解释的。在历史上,基于保护交易安全之功能论或目的论来解释物权行为之无因性原则,出现在后期潘德克吞法学中。功能实证分析只是对无因性原则的机能进行一种实证的、中立的描述,与价值判断无涉;目的论是从无因性原则中发现的交易安全之保护机能来进一步论证该原则的正当性,以增强其价值层面的说服力。本文认为,承认物权行为及其无因性原则,符合当代社会侧重保护动的安全之法政策目标,因而在目的论上具有先进性;并且,我们应该充分理解德国法为维系无因性原则和不当得利、善意取得制度在体系上的意义关联而坚持该原则的真正目的。 相似文献
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古今学者对孔子删诗说的论争,其分歧可以分为三个层面。一是孔子删《诗》说的源起与生成,二是最早否定孔子删《诗》说的是何人,三是孔子删《诗》说可信与否的具体辨析。根据现存文献资料,此说的最早提出者是司马迁,最早的否定者是孔颖达。从古诗三千之数、孔子编选取舍的标准、季札观乐等角度考查,孔子删《诗》说可信。 相似文献
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法条竞合现象本源于法条关系,其罪刑关系如何,则需要到社会中去寻找根源。法条竞合的社会本质是犯罪所侵犯而为刑法所保护的社会关系的竞合。法条竞合的社会本质是其最深层次的本质,它揭示了法条竞合发生的根源,也决定了法定刑的适用选择;法条竞合现象在理论属性上既非单纯的法条关系,也不能全然归于罪数形态研究中去,有立法方面的法条竞合(静态的法条竞合)和司法方面的法条竞合(动态的法条竞合即法条竞合犯)之分;法条竞合与犯罪构成理论有着密切的联系,无论静态还是动态的法条竞合都未改变竞合法条规定的犯罪构成要件在逻辑上包容或交叉关系,法条竞合的法律本质是犯罪构成要件的竞合。 相似文献
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The constitutionalisation of the EU has been not without its challenges. However, putting aside the apparent political difficulties of the constitutional process, this article argues that, because the further constitutionalisation of the EU depends on its ability to assimilate some features of a federal state, there are, at least, two reasons why the EU is not yet ready for its constitutionalisation. The first reason is that its excise duty system, which permits discriminatory and protectionist behaviour by Member States, prevents the EU from achieving its fundamental objective of an internal market. The second reason is the EU's budget, which is so small that it is doubtful whether the EU will survive its continuing enlargement. As a solution to this problem, this article introduces section 90 of the Australian Constitution, which provides the Commonwealth of Australia with the exclusive power to levy excise duties. The article argues that the adoption, by the EU, of a similar fiscal arrangement would remove the discriminatory and protectionist operation of its excise duty system and help enlarge the size of the EU's budget by providing it with a self‐ financing mechanism. 相似文献
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A discipline will usually become the object of study and its relationship to other disciplines a moment of concern when its borders are precarious and its definition in dispute. Law, 'the oldest social science', is arguably both prior to discipline — it emerges initially and most forcefully as a practice — and without discipline, its object being potentially all human behaviour. If law is necessarily between and among disciplines, both prone to moonlighting and everywhere homeless, it will also always be in some mode of scholarly crisis. Certain conclusions follow. Law is paradoxically dependent upon other disciplines for its access to the domains that it regulates. The greater its epistemic dependency, however, the slighter its political acknowledgment of that subordination. Which allows a positive thesis: the epistemic drift of law can carry the discipline to a frank acknowledgment of the value of indiscipline both to novelty and intellection. 相似文献
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We propose an economic interpretation of the definition of a dominant position used by the European Court of Justice (ECJ). Then we apply co-integration techniques to test econometrically whether the sole Danish producer of cement holds a dominant position. Import penetration tests show that its conduct is independent of import price and quantity, so it can act to a considerable extent independently of its competitors. We also test whether it can act independently of its customers and find that its demand is inelastic with respect to its price. It thus holds a dominant position on the relevant Danish market. 相似文献
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《Russian Politics and Law》2013,51(2):78-88
While other countries, both those that border on the Arctic Circle and those that do not, rush to establish footholds in the polar regions, Russia has taken a lackadaisical attitude toward restoring and strengthening its influence along the Northern Sea Route even though one-quarter of its energy reserves lie in that region. Russia must reexamine its policy, and quickly, if the country is not to lose out in an intensified global contest over natural resources. 相似文献
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我国民法学界以法人实在说承认法人的独立意志为理由,论证了法人承担侵权责任能力的合理基础,继而对拟制说进行批判,而事实上法人承担侵权责任完全是基于特定利益衡量的立法构造,与其意志的有无没有必然的关联。法人的侵权责任是法人机关的侵权责任,从形式逻辑的角度而言,它与法人的工作人员的侵权责任是有本质区别的,但就立法构造而言二者区分并无实际价值,在法人侵权责任具体承担方式上应该采取让法人机关与法人承担连带责任的方式。 相似文献
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A Report Card of the NGT at the End of Seven Years Since Establishment: The Present and Future Ahead
Swapnil Tripathi 《环境索赔杂志》2018,30(3):228-236
A concern toward environment protection has always been a topic of discussion in India. The impact of its preservation is such that it was a part of the election manifesto of leading political parties too. Bestowing such importance naturally gives rise to the question of its current state, i.e., whether preservation of environment has been successful or not. India known for its rock solid environment statutes lacked an expedient and effective redressal mechanism. After half-hearted attempts, it was the creation of the National Green Tribunal (NGT) that brought a ray of hope to the people that finally a much needed adjudicatory body was in place. The question that the author attempts to answer in the article is regarding the status of such an institution at the end of seven years of its existence, i.e., whether the NGT has achieved its desired purpose or not. 相似文献
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“We Don't Believe in Transitional Justice:” Peace and the Politics of Legal Ideas in Colombia
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Jamie Rebecca Rowen 《Law & social inquiry》2017,42(3):622-647
This article draws on law and society theories on the circulation of legal ideas to explain the instrumentalization of transitional justice in Colombia. Most scholarship explains transitional justice as a theoretical framework or as a set of instruments that helps redress mass violence. In contrast, this study reveals that the idea serves as a placeholder for different political actors to promote their respective interests. Drawing on over fifty interviews, the study suggests that the power of transitional justice lies in its malleability, which is both its strength and its weakness, as those with different political agendas can appropriate the idea in contradictory ways. The findings emphasize that understanding transitional justice requires a turn from abstract analyses that either take the idea for granted or try to define its meaning toward examining how people on the ground understand the idea, and how they translate those understandings into political action. 相似文献
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相关研究或明或暗地将“传统与现代”作为民间法与国家法的重要区别。然而,民间法与国家法都是各自以一种进化的方式发展起来的,都有自己的历史和现实,并都在内外因素作用下不断变迁以适应现代社会,都有自己的经验、理性和正义观,都满足一定的社会需要,都有传统性和自己的现代性,都有自身的现代化进程。而且,国家法与民间法从来都是相互影响并由此在一定程度上相互转化和承认,“你中有我,”“我中有你,”交错混杂。将国家法和民间法作现代与传统的区分缺乏事实和理论依据。在法律多元的社会中,法律现代化是民间法与国家法各自在内外因素作用下的多线现代化。我们应当引导民间法的现代化,确保民间法现代化与国家法现代化的协调,确保正义的弘扬和社会的和谐。 相似文献