地上权制度之历史研究——兼评我国地上权立法

地上权制度是用益物权制度框架内的一项基本制度,经济和社会的发展使地上权具有了崭新的内容,在我国土地所有权归国家和农村集体经济组织所有的条件下具有广泛的适用范围,尤其是有助于解决城市用地、工业用地、居民住宅建设用地,以及在他人所有的土地上下铺设管道等公共设施而产生的权利义务关系,从而促进社会经济的发展。     

Relationships between Social Information Processing and Aggression among Adolescent Girls with and without ADHD

This study investigated the relationship between social information processing (SIP) and both relational and overt, physical aggression in a longitudinally-followed sample of 228 adolescent girls (ages 11–18; 140 with ADHD and 88 comparison girls). During childhood, girls participated in naturalistic summer camps where peer rejection, overt physical aggression, and relational aggression were assessed via multiple informants and methods. Approximately 4.5 years later, these girls participated in follow-up assessments during which they completed a commonly-used vignette procedure to assess SIP; overt and relational aggression were again assessed through multiple informants. Correlations between (a) overt and relational aggression and (b) maladaptive SIP were modest in this female adolescent sample. However, relationships between aggression and SIP were stronger for the comparison girls than for the girls with ADHD. The relevance of SIP models for adolescent girls and clinical implications of findings are discussed.

对国有企业健全法人治理结构几个难点的认识

一、对“产权清晰”的认识对“产权清晰”认识上的模糊 ,依然阻碍着法人治理结构的迅速建立。一些在国有企业工作或与国有企业有密切关系的实际工作者在认识上往往把“产权”和“所有制”混为一谈 ,把建立现代企业制度中必须实行的终极所有权与法人财产权的分离与前段搞承包制时强调的所有权与经营管理权两权分离混为一谈。认为国有企业的“产权”就是属于国家的 ,根本不存在产权不清晰的问题 ,如果说“产权清晰”还包括“两权分离”的话 ,前段搞承包制时已经实行了“两权分离” ,现在还再强调“产权清晰” ,难道非得把国有企业搞成私有化才…     

Unfulfilled promises of the consultation approach: the limits to effective indigenous participation in Bolivia’s and Peru’s extractive industries

Indigenous peoples’ right to prior consultation and to informed consent represents the basis of the new global model shaping state–indigenous relations. Consultation processes promise to enable indigenous people to determine their own development and are especially promoted when extraction projects with significant socio-environmental impacts are planned on indigenous lands. In this article we draw on debates on participatory development in order to analyse the first state-led consultations in Bolivia’s and Peru’s hydrocarbon sectors (2007–14). The analysis shows that effective participation has been limited by (1) an absence of indigenous ownership of the processes; (2) indigenous groups’ difficulties defending or even articulating their own visions and demands; and (3) limited or very general outcomes. The study identifies real-life challenges, such as power asymmetries, a ‘communication hurdle’ and appropriate timing – as well as simplistic assumptions underlying the consultation approach – that account for the unfulfilled promises of this new model.     

TRANSPARENCY IN PUBLIC–PRIVATE PARTNERSHIPS: NOT SO BAD AFTER ALL?

Scholars' criticism of transparency in public–private partnerships (PPPs) often focuses on ‘external’ transparency, that is, the extent to which internal information is visible to the outside world. However, to achieve external transparency, internal transparency – the availability and inferability of information for the public procurer and the private party – is crucial. In this article we analyse input, process, and output transparency from three different perspectives (institutional, cognitive, and strategic) in four PPPs in the Netherlands. We conclude that input transparency is high, but process and output transparency less so. Moreover, output transparency has gained importance in PPPs. Whether this is problematic depends on the PPPs' institutional environment. In some partnerships the desired output is uncontested and predetermined by clear standards in the institutional environment, whereas other PPPs deal with contested output norms, decreasing the partnerships' transparency. These results nuance the current debate on the lack of transparency in PPPs.     

ONLY GOOD FENCES KEEP GOOD NEIGHBOURS! THE INSTITUTIONALIZATION OF MINISTRY–AGENCY RELATIONSHIPS AT THE SCIENCE–POLICY NEXUS IN GERMAN FOOD SAFETY POLICY

This article makes a further contribution to opening the ‘black box’ of micropractices in ministry–agency relationships. We argue that the mechanisms that come into play in the course of institutionalizing agencification reforms – such as renegotiating mutual roles and rules in ministry–agency interactions – are only poorly covered in the existing literature. To adequately address the negotiated and contingent nature of de facto agency autonomy and political control, we develop an interpretive approach based on the concept of ‘boundary work’. The empirical focus is on ministry–agency interactions at the science–policy nexus in the contested policy field of food safety. By studying actors' stories about the institutionalization processes following the fundamental reorganization of the German food safety administration in the wake of the BSE crisis from a longitudinal perspective, we show how actors manage boundary conflicts via increasingly differentiated backstage coordination.     

执行竞合适用原则之研究

执行竟合涉及一国的保全执行制度与终局执行制度对于债务人是同时有效还是相互排斥的问题,涉及一国的强制执行法与民法、破产法在法律体系上如何保持和谐一致的问题.如果立法对执行竞合问题不予理解,必然形成事实上的竞合而使执行难问题加重.作者主张遵循时间优先原则,同时赋予实体权利人提起异议之诉的权利,通过异议之诉来对抗和撤销先行的强制执行.     

Selecting Constitutional Judges Randomly

This article discusses from the perspective of democratic theory an innovative proposal for the selection of constitutional, supreme court, or federal judges that aims at combining the values of expertise and political independence. It consists in combining a certification process – selecting a pool of properly qualified candidates – with a random selection among this pool. We argue that such selection procedure would better respect the separation of powers and the specific legitimacy of courts, and we champion this two‐stage mechanism vis‐à‐vis other, more traditionally employed, selection procedures. We then deal with a diversity of objections to our proposal and conclude by taking stock of both its virtues and limitations.     

有限责任公司股东资格的认定与出资关系

有限责任公司股东资格的认定一直是公司理论和实务中的一个焦点问题,在影响股东资格认定的所有因素中,出资是一个比较复杂的因素。股东资格的认定与出资关系主要表现为:在不出资情形下,不能出资者不取得股东资格,不愿出资者可以认定其具有股东资格,但必须要缴足应当认缴的份额;在出资瑕疵情形下,一般的出资瑕疵,可以认定出资人的股东资格,严重的出资瑕疵,出资人不能取得股东资格。出资证明书或股东凭证是证明出资人出资的物权性凭证,持有出资证明书或股东凭证的人并不表明其一定具有股东资格。