论通谋虚伪结婚的法律效力

俗称的假结婚、虚假结婚在法律概念上宜认定为是通谋的虚伪结婚,它是指男女双方缔结婚姻时约定不建立婚姻共同生活的情形,特点是意思与表示不一致,属于意思表示存在瑕疵的情形。对其法律效力,各国大致存在着无效与可撤销两种立法例,是否援用民法关于通谋虚伪行为的一般规定也存在不同。此外,有的国家法律还允许虚假结婚行为的效力在法定情形下从无效、可撤销转为有效。对通谋的虚伪结婚,不能简单地援用民法总则的一般规则一律将其效力归为无效,而应当在原则上将其规定为可撤销,特殊情况下为有效。法律不能完全漠视已存在的婚姻事实和已经形成的家庭关系,在已经存在夫妻共同生活或者双方生育有子女的情形下,法律应当认可通谋的虚伪结婚有效,不允许撤销或无效。至于第三人利益的保护问题,笔者主张原则上采用表示主义,以意思主义作为补充。此外,对于通谋虚伪结婚在其他法域的效力,也需要注意保持不同法域之间在逻辑上的一致。     

城市道路平面交叉口现状分析和控制方案设计——以昆明市教场中路与教场北路交叉口为例

道路交叉口的交通信号控制,旨在通过减少平面交叉口内交通流所产生的冲突点和交织点,提高路口的通行能力,使交通流在交叉路口内能够确保安全并快速通过。城市道路交叉口往往交通流情况复杂,人员密集,交通流量大,一旦缺乏有效的交通控制方式,极易造成交通秩序混乱并引发交通拥堵。本文通过对昆明市一个道路交叉口交通现状进行调查与分析研究,设计并提出合理有效的交通控制方案。     

The political parties in Trans‐Jordania

Japan. An Economic Survey 1953–1973. By Andrea Boltho. London, Oxford University Press, 1976. P. xii +204. Figures. Tables. Index. £5.00 (paper £2.75).

Choices for the Japanese Economy. By Hiroshi Kitamura. London, The Royal Institute of International Affairs, 1976. Pp. 205. Tables. Index. £7.00.

The Japanese Economy in International Perspective. Edited by Isaiah Frank. Baltimore and London, The Johns Hopkins University Press, 1975 (paper £2.55).     

Pro-Government Militias and the Repertoires of Illicit State Violence

Most studies of pro-government militias (PGMs) take a narrowly functionalist approach. This article sees PGMs as the product of broader processes of state formation and regime dynamics that generate distinctive repertoires of violence. The article uses a cross-national dataset to shows that low state capacity is singularly correlated with the appearance and activity of all forms of PGMs. Once militias are active, they tend to endure even after initial conditions change, suggesting a strong measure of path dependence in how states PGMs evolve. Democracy curbs the activity of semi-official PGMs but not informal ones. Different authoritarian regime sub-types have varying propensities for militia activity. These findings have major implications for efforts to address state frailty.     

The association between childhood sexual abuse and sexual coercion in men: a test of possible mediators

ABSTRACT

We examined the associations between childhood sexual abuse (CSA), childhood physical abuse (CPA), sexual domain variables, antisocial tendencies, and sexually coercive behaviour in a non-forensic sample of 173 heterosexual men. CSA was associated with paraphilic interests and experiences, a more extensive sexual life history, and early antisocial tendencies. CPA was associated with paraphilic interests and experiences, more self-reported delinquency, higher sensation seeking, and early antisocial tendencies. Sexual domain variables (e.g. number of sexual partners, sexual interest in sadomasochism) mediated the link between CSA and sexually coercive behaviour, but antisocial domain variables (e.g. delinquency, sensation seeking) did not. Of the two sexual domains examined, extensive sexual life history rather than paraphilias mediated the association between CSA and sexually coercive behaviour. These results suggest CSA and CPA are associated with both sexual and antisocial outcomes, and that, for some victims of CSA, having an extensive sexual life history may account for the association between CSA and sexually coercive behaviour later in life.     

Militarism,states and resistance in Africa: exploring colonial patterns in stabilisation missions

ABSTRACT

The article explores how stabilisation missions reproduce the patterns that constituted colonial states. Following African historiography, the article argues that stabilisation’s militarised approach to neutralising resistance, its racialisation of targets and its aim to constitute and reform state authority evoke how colonial states were forged by the inseparable relationship between authority, force, race, production and resistance. However, it will be shown that those patterns cannot be fully understood without an account of the broader structure of coloniality and imperialism. In so doing, the article aims to contribute to bring together different literatures on contemporary peace-building interventions and contemporary militarism by examining the relation between militarism, coloniality and imperialism. It focuses on the Democratic Republic of Congo to show how an intensified use of force against resistance, added to frames that see Congolese politics as deviant, has guided the goal of restoration of state authority, and with it, different economic reforms, all of which have reinforced the military and economic power of national and international elites, without reporting significant benefits to the population at large.     

Dermestes maculatus (Coleoptera: Dermestidae) development under fluoxetine effect using two drug administration models

Fluoxetine is a selective serotonin reuptake inhibitor, commonly used for the treatment of a variety of psychopathological conditions. As such, fluoxetine may be expected to appear in clinical and forensic cases. Dermestes maculatus De Geer (Coleoptera: Dermestidae) has been recognized as a relevant component of the insect fauna associated with decomposing human and animal remains. Experiments were conducted to study the effect of fluoxetine on developing D. maculatus using two‐drug administration models: a non‐living animal model (pork muscle) and a living one (Sus scrofa L. pigs). We assessed the duration of immature stages and total life cycle, as well as morphological parameters (body length, cephalic width, and weight). The effect of fluoxetine was studied at an overdose concentration: In the non‐living animal model the drug was mixed with macerated pork muscle (2000 mg/kg) and in the living animal model, pigs were given the drug orally (833 mg/kg). A control was used for each model. Daily observations were performed from the beginning to the end of the experiments. GC‐MS was used for drug detection and quantification. There were no statistically significant differences in the duration of immature stages, life cycle, larval mortality, morphological parameters, or sex ratio, between treatment and control, regardless of the drug administration model. Given that fluoxetine had no detectable effect on the development of D. maculatus, detection of this drug in forensic situations would not compromise the accuracy of PMI estimations.