论民事判决既判力的客观范围

民事判决既判力理论是民事诉讼法的基本理论之一,我国在这一理论方面的研究还比较少.同时,既判力理论又是一种相当复杂的理论,对于其客观范围的界定就是一个较困难的议题,而且既判力的客观范围又与诉讼标的理论、"争点效"、一部请求之间有着千丝万缕的关系,其范围也随着诉讼标的理论、争点效、一部请求的不同认定而宽窄不一.     

试论网络虚拟财产的法律保护

随着有关网络虚拟财产的纠纷不断增多,网络虚拟财产保护已经引起人们的广泛关注,而我国就虚拟财产的保护却面临法律难题.为此,笔者建议应尽快完善和出台有效的法律,维护网络世界的安全.     

被忽略的债券制度史①——中国（公司）债券市场的法律瓶颈②

中国债券市场的制度建设长期未能得到足够重视,公司债券市场的发展也存在较多问题。例如,发行市场规模偏小、交投不活跃、交易所市场发展缓慢等。这些问题,或多或少都与债券市场的规范瓶颈有关。例如,债券发行过分偏向某些特殊企业、债券市场监管权的不当分割、发行与上市的不当管制、交易性保护机制欠缺、救济性保护措施不完善,等等。解决债券市场的法律瓶颈,将使中国公司债市场迎来爆发式增长。     

How party‒issue linkages vary between election manifestos and media debates

Abstract

Existing research on party behaviour has largely focused on the drivers of issue salience in direct party communication. However, less is known about party?issue linkages in election campaigns covered by the mass media, from which most voters get their information about party positions. Against this background, this article explores how two important drivers of issue salience in direct party communication – issue ownership and systemic salience – play out in the media. Based on considerations about the news value of specific party?issue associations, one would expect both relationships to be particularly important in the media. Despite substantial similarities in party?issue linkages across platforms, a comparison of manifestos and newspaper content reveals evidence for this claim. In particular, smaller parties are hardly covered in the news on issues they do not own, while large parties are especially covered on salient topics. These findings contribute to our understanding of issue competition in mediated environments.     

The more the better? Cumulative issue ownership and intra-campaign party switching

We contribute to the literature on short term changes in voters' party preferences (or intra-campaign party switching), by advancing a factor that has been neglected so far: Voters' perceptions about parties' issue competence. We develop a model of party switching that includes both classic predictors and issue ownership considerations. Moreover, in contrast to the usual single issue ownership conception focusing on the party deemed most competent to solve the most important problem, we argue that voters base their party choice on their perceptions of parties' competence on a variety of issues, i.e. on cumulative issue ownership. We test our model on panel data from the 2015 Swiss election study. The change in competence perceptions appears as a strong predictor of party switching: The higher the increase in the number of issues on which voters see a party as most competent during the campaign, the higher their likelihood to switch to that party.     

大力提升警情处置能力之管见

当前,铁路治安形势和安全维稳形势比以往更加复杂,警情发生接连不断,处置难度越来越高,因此,铁路公安机关要立足现实斗争和实战需求,不断更新警情处置理念,始终做好应急准备,规范指挥处置流程,严把重点关键环节,健全应急联动机制,切实做到及时高效处置。     

简论监狱企业的税收筹划

税收筹划是纳税人在税收法律法规的框架内,为实现自身价值最大化或股东权益最大化,通过对经营、投资、筹资等活动进行旨在减轻税负的谋划与对策。随着我国市场经济的深入发展和监狱体制改革工作的有序推进,监狱企业将由过去的受国家税收优惠政策保护向参与市场公平竞争转变。因此,做好监狱企业的税收筹划工作十分重要和迫切。     

Do parties respond? How electoral context influences party responsiveness

How responsive are political parties to the issue priorities of voters? While there are numerous studies that examine policy position congruence between parties and voters or government responsiveness, we know little about the extent to which parties adjust their policy priorities to the issue concerns of voters. Following saliency and issue ownership theory, we argue that political parties listen to their voters by emphasizing policy issues in their election manifestos that have been prioritized by citizens. However, in line with second-order election theory, we expect that issue responsiveness varies with the electoral context. To test our theoretical expectations, we generated a novel dataset that combines data on issue attention of political parties from the Comparative Manifesto and the Euromanifesto projects with data on policy priorities of voters from the European Election Studies, the Comparative Study of Electoral Systems and various national election studies. We empirically test our theoretical claims based on a comprehensive analysis of 104 parties from 17 countries competing in 84 national and European elections from 1986 to 2011. Our findings have important implications for political representation in Europe.     

保险诈骗罪共犯法条性质分析——以注意规定和法律拟制为视角

保险诈骗罪属于身份犯,刑法分则第198条第4款关于保险诈骗犯罪共犯的规定属于注意规定而非法律拟制,旨在提醒司法人员对诸如保险事故的鉴定人、证明人、财产评估人等非身份主体为骗保人提供虚假证明文件等帮助行为的人与保险诈骗犯罪主体成立该罪的共犯。本款不是关于片面共犯的特别规定,保险诈骗罪共犯的成立需要满足刑法总则关于共犯成立的条件,保险事故的鉴定人、证明人、财产评估人单方故意提供虚假证明文件为他人骗保提供条件的,构成犯罪的应以提供虚假证明文件罪论。     

Co-Producing with FBOs: lessons from state–madrasa engagement in the Middle East and South Asia

Forging partnerships for development is one of the eight Millennium Development Goals. While faith-based organisations (fbos) are receiving growing attention within development policy as important non-state service providers, they are assumed to be less conducive to forging partnerships with governments or development organisations than secular ngos due to their allegiance to specific religious beliefs. Analysing the dynamic of engagement between the state and madrasas (the most prominent fbo in the Muslim world) in six countries across two geographical regions—the Middle East (Egypt, Syria, Turkey), and South Asia (Pakistan, India, Bangladesh)— the paper counters the assumption that fbos are less likely to enter into negotiations, demonstrate flexibility, and engage in the strategic bargaining often involved in forging such partnerships. Like ngos, fbos respond to socio-political and economic incentives and enter into a variety of relationships with the state, ranging from co-operation to conflict. The defining feature in building a cooperative relationship is the level of trust between the negotiators on the two sides.