行政许可标准的冲突及解决

行政许可标准,是对行政许可的法定条件、程序的解释和细化,在学理上属于许可的裁量基准,在功能上构成了许可获得的限制性条件,在形式上表现为一个自上而下的"阶梯式"规范体系。在相对集中行政许可视角下,市场准入过程往往是多个单一许可组成的复合许可过程,由此产生了不同部门间实体和程序标准的冲突现象。其发生的内在机理是行政权及许可背后的部门利益与家长主义规制,外在形式则表现为复数机关参与的异位规范间的冲突,性质上多属经验冲突而非逻辑冲突。由此,解决的路径在于:一是现行行政服务中心基础上不断修正的行政协调模式;二是具有共性效力之协调技术的提炼;三是通过基准制定和公布义务的规则治理。     

中国船舶抵押权登记之对抗效力

中国船舶抵押权登记对抗效力问题除应适用《中华人民共和国海商法》外,还应当在《中华人民共和国海商法》没有特别规定的情况下适用《中华人民共和国物权法》《中华人民共和国担保法》《中华人民共和国民法通则》及其司法解释中关于动产抵押权的相关规定。对《中华人民共和国物权法》《中华人民共和国担保法》及司法解释中关于抵押权和抵押登记的规定适用于船舶抵押权时存在的问题加以探讨,并提出如何在《中华人民共和国海商法》进行修订或制定相关司法解释时对船舶抵押权与其他物权冲突时何种权利优先等问题加以规定和完善的相关立法建议。     

Critical incidents in a forensic psychiatric population: an exploratory study of motivational factors

This exploratory study examined the motivations for forensic clients’ engagement in critical incidents, specifically hostage-taking, barricades and roof-top protests. Using thematic analysis, a range of themes were identified. These included engaging in such incidents to seek deliberate isolation from others, gaining control, getting their needs meet, a need to communicate and being influenced by their peers. Selection of potential hostages appeared linked to feeling of grievance towards them. Yet the distress of a hostage, along with consideration as to the longer term consequences of their actions both for themselves and morally, appeared to reduce the risk of engagement in such incidents. The results are discussed in terms of Individualism, Self-Determination Theory of Motivation and Maslow’s Hierarchy of Human Needs.     

专利质押中的权利冲突问题探析

专利质押过程中涉及的权利冲突主要包括:在不同机关登记的专利质权的冲突;在同一机关登记的专利质权的冲突;未登记的专利质权的冲突;专利质权与受让人权利的冲突;等等。我国立法缺乏对上述权利冲突的解决规范,在面对上述权利冲突时往往无所适从。有鉴于此,应参考国外立法经验并借鉴抵押权的相关规则,建立完善的权利冲突规范,促进专利质押融资的开展。     

Negotiated settlements and peace referendums

Institutional innovations in conflict management have received considerable academic attention in the past decades. Yet few studies have considered the design of referendums in peace processes and the role of popular mandates in catalysing negotiated settlements. Drawing evidence from divided societies, particularly the contrasting cases of South Africa and Cyprus, the article points to the importance of ratification sequence and early mandate referendums. Specifically, it demonstrates how mandate referendums focusing initially on domestic constituencies enable leaders to pre‐empt ethnic outbidding challenges while concluding a peace agreement. An early ratification process could safeguard the peace process from unavoidable reversals in public opinion, increase flexibility as to the timing of critical decisions and maximise the credibility of leaders aiming for a negotiated settlement. The study of mandate referendums has important implications for broader research on international mediations since it suggests mechanisms by which political actors could ensure the ratification of significant treaties in global or regional politics.     

China＇s Political Stability and Comprehensive National Power： A Case Study of the Conflict in Xinjiang

The concept of comprehensive national power （CNP） is proposed and developed by several Chinese scholars and academic institutions. Many material capabilities, for example, economic growth and military might, are incorporated into the concept to measure China＇s national power vis-h-vis other major powers, especially the U.S. This paper, however, contends that understanding China＇s CNP through material capabilities is only part of the story. Yet, China＇s political stability is by no means assured and fully incorporated into the concept. China has undoubtedly faced many threats and challenges to its political stability. Apart from the Two Ts＇ problem （Taiwan and Tibet）, the conflict in Xinjiang not only threatens China＇s political stability since the establishment of the People＇s Republic of China （PRC） in 1949, but also affects its CNP as a whole. This paper concludes that measuring the genuine CNP should be based on the factors from which a country would earn or benefit, and also on those of which it would have to pay a price. Needless to say, the conflict and political instability in Xinjiang are an example of the price which China has to pay.     

The Role of Intra-Religious Conflicts in Intrastate Wars

Many civil wars are fought between members of different religious communities. It seems plausible to focus on these communities’ interrelations to identify the causal factors responsible for the escalating effects that religion can have in such conflicts. A closer look, however, reveals that processes within religious communities can be crucial in influencing the role religions play in intrastate wars. Within single communities, factions of religious elites compete for material and dogmatic supremacy. Such intra-religious conflicts can motivate religious elites to search for support from political allies to prevail over their religious rivals. In return, they legitimize their political patrons’ claims for political power and their violent campaigns against members of other religious communities. Thus, intra-religious conflicts can effectively contribute to the religious escalation of intrastate wars between different religious communities. This argument is exemplified with reference to conflicts in Thailand, The Philippines, and Iraq.     

Numerous,Capable, and Well-Funded Rebels: Insurgent Military Effectiveness and Deadly Attacks in Afghanistan

Why do some of Afghanistan's provinces experience more deadly attacks on counterinsurgents than others? We argue that provinces with more militarily effective insurgents will be deadlier for the forces of the counterinsurgency. We posit that insurgent military effectiveness is an interactive function of the rebel group's size, the quality of its recruits, and the group's operational budget. More militarily effective insurgents should, in turn, produce more deadly violence against Coalition forces. We model this relationship at the provincial level in Afghanistan using negative binomial regressions. Ultimately, we find that in provinces where the insurgency is more militarily effective, deadly attacks against counterinsurgent forces occur more often. Based on this finding, we conclude with directions for future research and policy recommendations for both the current operations in Afghanistan and for future counterinsurgency campaigns.     

Do Religious Factors Impact Armed Conflict? Empirical Evidence From Sub-Saharan Africa

Theoretically, the “mobilization hypothesis” establishes a link between religion and conflict by arguing that particular religious structures are prone to mobilization; once politicized, escalation to violent conflict becomes more likely. Yet, despite the religious diversity in sub-Saharan Africa and the religious overtones in a number of African conflicts, this assumption has not yet been backed by systematic empirical research on the religion–conflict nexus in the region. The following questions thus remain: Do religious factors significantly impact the onset of (religious) armed conflict? If so, do they follow the logic of the mobilization hypothesis and, if so, in which way? To answer these questions, this article draws on a unique data inventory of all sub-Saharan countries for the period 1990–2008, particularly including data on mobilization-prone religious structures (e.g., demographic changes, parallel ethno-religious identities) as well as religious factors indicating actual politicization of religion (e.g., inter-religious tensions, religious discrimination, incitement by religious leaders). Logit regressions suggest that religion indeed plays a significant role in African armed conflicts. These findings are compatible with the mobilization hypothesis, and stress the impact of conflict-prone religious structures, and particularly, the fact that overlaps of religious and ethnic identities are conflict-prone. Future research should investigate the religion-ethnicity-nexus in more detail.