对美国救市法案之评价及其对我国之启示

尽管对纳税人权利的保护、意识形态上的认识及政治利益等多方面的因素一度使美国“问题资产紧急救助计划”夭折,但是危机中的金融机构与美国经济患难与共的事实最终“绑架”了政府的决策。然而,这并不是问题的全部,为救市应急而作的《紧急经济稳定法案》不仅宣示了市场经济内在的破绽、金融监管的失灵,而且其繁琐的创制程序更深刻地表白了民主与法治的先天不足。无论如何,对这一切进行公正且客观的认识对于我国来说都具有时代的意义。     

What the Trial Judge Needs to Know about the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

Since the 1950s, there have been several international multi‐lateral treaties for recognition and enforcement of child and spousal support orders. They operated, primarily, in civil law countries where “creditor‐based jurisdiction” allowed establishment of an order in the country of habitual residence of the child or the custodial parent. The United States, requiring “minimum contacts” with the debtor to establish personal jurisdiction, could not be a party to such agreements. For nearly fifty years the U.S., and a few states, sought to fill the need for international reciprocity by negotiating individual country‐to‐country or state‐to‐country arrangements. With ratification of the 2007 Family Maintenance Convention, the United States was finally able to join in a multi‐lateral treaty. The treaty took effect in the United States on January 1, 2017, establishing procedures for international recognition, enforcement and modification of family support orders with 35 other countries already party to the Convention (including the entire European Union). The grand bargain struck during the negotiations between 2003 and 2007 was that the U.S. would honor a foreign order if, under the facts presented, there were sufficient minimum contacts with the debtor that would have supported personal jurisdiction if the order had been entered in any state in the U.S. If unable to recognize a foreign order, the U.S. agreed to take steps to issue a new one. The treaty establishes administrative procedures that, in many respects, are nearly identical to interstate enforcement of domestic support orders in this country. But there are also aspects of the treaty that are entirely new and warrant explanation for family and juvenile court judges. This article focuses on several unique provisions of the treaty that judges and attorneys need to understand.     

浅析《三国演义》在泰国广泛传播的原因

中国古典小说《三国演义》之所以能在泰国广泛传播,成为泰国男女老少都喜爱的文学作品,原因主要有三个方面:首先是作品本身创作的成功;其次,大量的泰籍华人、华裔及泰国皇室成员对中国古典文学作品的喜爱,是《三国演义》在泰国广泛传播的关键;第三,传播途径的多样化,保证了《三国演义》在泰国各个阶层、各种文化程度人群中的传播。     

2008年我国海事法学研究综述

对2008年中国海事法学的研究成果进行了系统收集整理和归纳,从船舶物权法、海上货物运输法、海事法、海上保险法、海事诉讼与仲裁及其他热点问题等六个方面做简要评述,总结了2008年度中国海事法学学术交流和研究现状,并提出对海事法学未来发展的期望。     

北京奥运会与我国志愿者立法

2008年北京奥运会极大地推动了我国志愿者活动的开展,加快了我国志愿者立法工作的步伐.从1999年我国第一部志愿者立法出台,至今已有16个省市制定实施了有关志愿者的地方性法规.分析和总结我国志愿者立法的经验,以北京奥运会为契机,提出制定国务院《中国志愿者服务促进条例》的我国志愿者立法的总体思路,并对具体制度设计予以论证,以期完善我国志愿者服务法律制度.     

中国体育传媒发展市场前景分析

我们可以《体坛周报》、《足球》等专业性体育类平面媒体为样本,研究并探讨中国体育传媒在2008年北京奥运会前后的发展变化趋势。2008年北京奥运会是中国体育传媒发展历程上的一个分水岭。随着奥运会的临近,国内体育传媒专业化和综合性发展趋势同时凸现。中国体育传媒目前存在内容产品开发单一、资源利用层次低下的严重问题。为了实现国内体育传媒的可持续发展,除了需要加强深度报道,拓展内容开发领域之外,还应当开展不同形式和不同层次的合作,从而提升自己的核心竞争力。     

Data processing by police and criminal justice authorities in Europe – The influence of the Commission's draft on the national police laws and laws of criminal procedure

The proposal for a fundamental reform of the European data protection law, published by the EU Commission on 25 January 2012 is composed of two elements. Apart from a General Data Protection Regulation, the Commission proposes a second regulatory instrument, namely a Directive with regard to data processing by police and criminal justice authorities that shall supersede the Council Framework Decision 2008/977/JHA. This paper seeks to analyse the draft Directive in the context of the entire reform approach and scrutinizes a number of specific issues in regard to the scope, the requirements of data processing, notification duties and data transfer to third countries.     

Becoming black,becoming president

ABSTRACT

Speculation about the relationship between Barack Obama's election to the presidency and race in the United States was rife prior to, during and after his successful campaign. King looks at three aspects of this issue. First, as a kind of outsider, Obama had to prove himself black enough for African Americans of the traditional sort and not too dangerous for Whites. How did he achieve this? Second, Obama's election was made possible by changes in the voting behaviour of white Americans, particularly in the North, and the way that African Americans like Obama gained a foothold in, and at times control of, urban political machines, such as, in his case, Chicago. How have American historians treated this shift in white voting behaviour? Finally, the central question of how race still impinges on President Obama's performance as president. King concludes with a look at issues such as colour blindness and whiteness, the nature of black political identity and solidarity, and the variety of political roles from which a black leader such Obama can choose.     

Eliminating Poverty? ‘Financial Inclusion’, Access to Land,and Gender Equality in International Development

The UK White Paper on International Development published in 2009 explicitly links access to financial services with poverty reduction. In doing so, it echoes the policies the World Bank set out in its 2008 Policy Research Report on Finance. This paper offers a detailed analysis of these development policies and connects the current plans for the expansion of financial sectors in the developing world with policies that promote the acquisition of formal land title. The paper argues that as asset‐backed lending expands, commercial banks will come to play an increasingly important role in third world economies. In light of this, it reviews important first‐hand accounts of the difficulties of drafting legislation to protect women's access to land in the face of opposition from commercial lenders, using Tanzania and Uganda as illustrative examples. The paper assesses the implications of expanding access to credit for gender equality and concludes that it is difficult to reconcile the promotion of financial inclusion with the aim of international development to end poverty.     

Barack Obama and the South: demography as electoral opportunity

ABSTRACT

Barack Obama was more successful in the South in the 2008 election than many previous Democratic presidential nominees had been. While John McCain continued Republican dominance in the conservative region, it was a major breakthrough for a northern liberal Democrat, especially an African American from Illinois, to win three southern states and secure 55 electoral votes. Florida, North Carolina and Virginia were good opportunities for Obama because, demographically, they had come to resemble other large states outside the South. In these ‘converging’ southern states, the Latino and Asian communities had grown substantially. The percentage of college-educated Whites had increased and there had been large-scale migration from other regions of the country. The states that Obama won in the South were not as ‘southern’ as they once were. In some southern states, those called the ‘neo-Confederate South’ in this article, white support for Obama was less than John Kerry had received in 2004. This decline in white voting for the Democratic presidential nominee occurred despite the difficult economic times that enveloped the country in the months preceding the election, and the general unpopularity of the incumbent Republican administration headed by George W. Bush. Some of these states, like Alabama, Arkansas, Louisiana and Mississippi, had been among the most intransigent states in resisting the claims of the civil rights movement for social and political equality for African Americans in the 1950s and 1960s. In the future it may be more accurate to speak of more than one South, rather than refer to the region as an undifferentiated whole.