我国应实行实质商法主义的民商分立——兼论我国的商事立法模式

我国法学界对于如何处理民法与商法的关系、如何处理或建构我国商事立法模式存在着较大的争议和分歧。论文通过对四种不同形态的商事立法模式的阐释 ,对我国商事立法模式抉择的争议进行了评析 ,主张我国应实行以《商法通则》为统率的实质商法主义的民商分立。     

直面实践、知识生产对比与本土管理创新理论生成研究

学界正在对中国本土管理理论体系进行热议,而这种探讨还要建立在管理理论知识生产的探讨之后。基于此,通过直面管理的实践特性,追问管理学研究的本质,在管理理论知识生产类型的对比中,具体说是在管理理论知识生产层面深化探讨“管理经验说”“管理诠释论”与“管理构建说”,尤其要引入知识生产类型视角对其进行对比分析。其结论是“管理诠释论”这种知识生产进路在传统管理理论和管理思想史研究中有不可忽视的定位,其在现代管理理论知识生产导向管理科学化研究进路后被忽视,文章对此进行了深入揭示与论辩,也论证了其在面向未来直面实践的管理理论知识生产中仍有其不可代替的作用。为此凝聚了一个核心观点：管理诠释论也推动着管理理论知识生产。直面实践的中国管理理论研究需要在管理理论知识生产方式上进行融合,这将更有助于中国本土管理创新理论研究。     

论建设社会主义新农村的突破口和路径选择

我国正处在“发展黄金期”和“矛盾凸显期”的关键时期,建设社会主义新农村具有极其深远的历史意义。当前,客观上存在着制约社会主义新农村建设的许多思想障碍,必须正确把握几个关系,在重大问题上实现突破。协调推进“五大建设”,推进县域经济又好又快发展。     

The Learning Orientation of Primary Health Care Teams in the English National Health Service: Is This a Myth That Should Be Perpetuated?

A qualitative study of primary health care teams in the UK provides insight into their co-ordination or learning-orientation and how this affects member commitment, conceptions of ‘core’ and periphery, group identification and willingness to integrate roles. Even if the ideal of a learning-oriented primary health care team is viewed as a myth, it can still perform useful functions despite an apparent withdrawal of its official authorization by the Cameron-led government. The perpetuation of this myth maintains a tension between reality and potentiality in the hopes that inspire its pursuit as an ideal of team formation.     

Capacity Building for New Parliamentarians: Survey of Orientation and Induction Programmes

This article reports original research which built on conceptual issues previously identified by the authors. A survey of national parliaments sought information on orientation and induction programmes offered to first term members and on members' perceptions of those programmes. An overview of findings is presented and significant issues identified. Most programmes provided passive development through information and a handbook rather than active skill development. Few used training processes and techniques that were based on contemporary adult learning principles. There were sharp divisions over training and development in dealing with ethical issues. The findings suggest considerable potential for the further development of programmes and for sharing information about programmes in order to assist capacity building for parliamentarians and thereby enhance the performance of parliaments and individual members.     

Foreign policy without the policy? South Africa and activism on sexual orientation at the United Nations

Although South Africa led the UN to adopt its first resolution on sexual orientation in 2011, in recent years, South Africa has made various sharp foreign policy reversals on issues related to sexual orientation and human rights. This article discusses five such policymaking episodes over the period 2010–2016 and considers the wider implications of South Africa's flip-flopping. For one, South Africa's recent behaviour on international sexual orientation issues suggests that the foreign policymaking environment in South Africa is weak, unstructured and porous. Moreover, the sexual orientation issue exposes the limited scope South Africa has to act as a representative of Africa, as a leader in the developing world and as a bridge-building middle power.     

The Effect of Personal Idealism,Relativism, and Machiavellianism on Voting Tendency: A Turkish Study

This study examined the relationship between Turkish voters’ ethical characteristics and voting tendencies to the political left, right, or center by applying the Ethics Position Questionnaire (EPQ) and Mach IV to the collection of data for analysis from 500 voters in a national election in Turkey. The most significant finding is that there was no statistically meaningful relationship among levels of idealism, relativism, or Machiavellianism and voting tendencies to the political left, right, and center. However, results generated by EPQ and Mach IV questionnaire found that voting tendencies were affected by personal relativism (0.10), followed by Machiavellianism (?0.03) and idealism (?0.03). Results show that respondents’ voting tendency was most affected by the level of their personal relativism, but the magnitude of the effect was not statistically significant. The mean scores for Machiavellianism and relativism attributes were on average in the mid-range of the scale, while mean scores for idealism show that the participating voters agreed most strongly with the statements relating to the idealism and could be characterized as absolutist by their low relativism and high idealism. The results demonstrate a positive linear relationship, linking both idealism and relativism to Machiavellianism and indicate statistically significant positive correlations among the three variables.     

国际法本位之变迁: 从主权本位到社会本位———兼论国际法的“主权平等”原则简

传统国际法向当代国际法的变迁,体现了其价值本位从主权本位向社会本位的演变.传统国际法的主权本位建立在绝对主权观念上,给国际法体系带来了内在弊端,阻碍了其进一步发展.国际法的社会本位与国际社会利益的大量涌现密不可分,在当代国际法的诸多领域得到了反映.主权平等原则仍然是当代国际法的基础,与国际法的社会本位并行不悖.     

Religion in the Workplace: Eweida and Others v United Kingdom

The European Court of Human Rights judgment in Eweida and Others v United Kingdom dealt with the increasingly controversial questions of religious symbols at work and the clash between free conscience and anti‐discrimination norms. In a change of approach, it held that the right to resign could no longer be seen as adequate protection for religious freedom and that workplace norms that restrict religious liberty must satisfy a proportionality test. However, it accorded a wide margin of appreciation to States in reconciling freedom of conscience and freedom from discrimination, ruling that the importance of non‐discrimination could justify a failure to exempt a religious individual from complying with a policy forbidding discrimination on grounds of sexual orientation.     

市场导向下的山地农业区产业扶贫研究

产业扶贫作为解决山地农业区贫困的重要手段,通过开发符合市场需求的产业让农民脱贫致富。受市场发育不完善,产业发展供需不协调的影响,当前山地农业区扶贫产业市场导向不足、可持续性不强。从山地农业区的产业形态看,产业仍以传统种养殖业为主,重生产、轻销售,培育依靠行政主导。山地农业市场趋向弱、效益低与独特的自然地理环境、农业自身产业属性和社会组织条件相关。增强山地农业区扶贫产业市场导向需要解决好产品供需问题,优化发展环境,结合本地优势选择特色产业,注重拓宽销售渠道,完善产业保障体系,以产业的持续效益带动农民增收致富。