法理学“指导”型知识生产机制及其困难——从法理学教材出发

从知识生产机制的整体视角来看,中国法理学教材还没有走出苏式法理学的框架。苏式法理学教材的"指导"型知识生产机制基于法理学与部门法学具有不同的研究对象这一基本原理,认为法理学是部门法学的指导性学科,并由此决定了"指导"型知识生产机制的运行机制;运行机制包含正面向度和反面向度两个方面,正面向度指的是法理学针对部门法学生产"指导"型知识,反面向度指的是部门法学帮助法理学生产"指导"型知识,法律关系理论和法律行为理论分别典型地对应着这两个方面。然而,对上述理论的检讨表明,"指导"型知识生产机制在运行机制层面是无效的;进一步地,该机制在基本原理层面及其理论基础层面也是错误的,因而应当被抛弃。     

大国战略竞争与美国对华技术政策变迁

世界政治领导国的对外技术政策很大程度上源于应对大国战略竞争的需要。当美国面临直接、迫切的大国战略竞争压力时,更愿意通过放宽技术进口和出口限制来争取合作者、应对竞争者,即"利用强者打败更强者"。自20世纪70年代以来,美国对华技术政策经历了从逐步放松再到加强限制这一过程。苏联的安全竞争压力迫使美国在加强对苏技术出口限制的同时,放宽对华技术出口限制。日本的经济竞争压力促使美国在加强对日技术进口限制的同时,放宽对华技术进口限制。应对直接、迫切的大国战略竞争压力,会促使世界政治的领导国更重视当期利益,同时也为潜在竞争者的成长提供机会。而当苏联和日本对美国构成的大国战略竞争压力逐渐褪去时,美国对华技术政策再度面临调整压力,以致于今为甚,通过发起对华贸易战,打压中国高新技术产业,全面收紧了对华高技术进出口限制。美国的技术竞争将是今后很长时间中国技术进步难以绕过的阻碍。     

State transformation goes nuclear: Chinese National Nuclear Companies’ expansion into Europe

Abstract

Most of the literature on state transformation focuses on China’s relations with African, Asian and Latin American countries and the National Oil Companies’ overseas expansion to show that China has become fragmented, decentralised and internationalised. This article contributes novel findings by focusing on China’s relations with Europe and the actions of China’s National Nuclear Companies (NNCs). It shows that NNCs, which have become relatively autonomous actors, often pursue their agendas of expansion into Europe without much coordination with, or even in contradiction to, other ministries’ agendas and interests, especially the Ministry of Foreign Affairs. Instead of being orchestrated by the central government, their expansion reflects considerable disorganisation and sometimes undermines China’s official strategy. The article demonstrates this through case studies of NNCs’ involvement in the UK and Romania.     

War Hypotheses: Drug Trafficking,Sovereignty and the Armed Forces in Mexico

This essay analyses how Mexican presidents have interpreted the concepts of drug trafficking and national security and how these particular connotations have redefined national sovereignty and the specific role of the armed forces in protecting this sovereignty. A qualitative technique of discourse analysis is used to examine public speeches by Zedillo (1994–2000), Fox (2000–2006) and Calderón (2006–2012). The conclusions suggest that drug trafficking and US omnipresence are the two main issues that shaped Mexico's national security threats during this period, with qualitatively distinct trajectories.     

中美特殊经贸关系与“契约”之路径

晚近,中美作为非同质的两个世界大国,新兴的一方与守成的另一方发生了巨大的权力变迁,相应地,双方在国际经贸领域的收益分配也出现了反转的态势,同时中美形成的激烈经济与战略竞争使得双方经贸关系"政治化"更加明显。缘此,中美之间的既有经贸关系正面临着前所未有的变动压力,或已难以完全固守普适于各国的统一"规则",客观上需要引入一种可适时而变的专门"契约"加以修补,借以寻求双方之间收益分配的再平衡。     

Inter-parliamentary relations in the United Kingdom: devolution’s undiscovered country?

Since 1997, the United Kingdom’s territorial constitution has undergone an immense process of change and has resulted in the establishment of separate legislatures and governments for the peoples of Scotland, Wales and, when Stormont is operational, Northern Ireland. These changes have spawned a whole series of relationships between the institutions of the devolved UK, at executive, legislature and civil service levels. However, while intergovernmental relations has been the subject of repeated debate, there has been little attempt to document and examine the way in which the UK’s four legislatures interact with one another, post-devolution. To the extent that these interactions, otherwise known as inter-parliamentary relations (IPR), have been the subject of scrutiny, it has been largely to bemoan their modest state and/or to suggest that stronger, albeit occasionally rather unelaborated, mechanisms be established. This article seeks to correct this deficit and provide a first step towards a clearer understanding of IPR in the UK, post-devolution. The article breaks the different levels of IPR down into three main strands: (1) parliament-parliament, (2) committee-committee and (3) official-official, and suggests that the main interactions that take place at each of these levels. Following this audit, the article concludes by highlighting the role that shared policy competence (a field that is set to grow with the UK’s withdrawal from the European Union) has played in driving IPR in the UK, post-devolution, and suggests some steps that may be taken to enhance IPR in the future.     

关于合作共赢的认识和思考:基于新型国际关系理念

合作共赢是中国在国际关系问题上首倡的一个价值理念,对于构建新型国际关系和人类命运共同体、站在人类道义和历史进步的制高点、促进世界持久和平和普遍繁荣、推动人类社会文明发展、实现全球有效治理等具有非常重大和深远的意义。习近平总书记深入、系统、现实地推进了合作共赢理念的完善和发展,使之成为当今中国对外关系思想的重大新理念和显著特色之一。实现合作共赢的关键在于价值上求同存异,根本在于寻求各国利益交汇点,长远考虑在于提升全人类的现代文明素养。     

Offensive for defensive: the belt and road initiative and China's new grand strategy

China's Belt and Road initiative came from the combined pressure of slowing down of Chinese economy, US pivot to Asia and deterioration of the relations with neighboring countries after weathering the storm of the Global Financial Crisis of 2008. It also symbolizes a more proactive approach of Chinese new leader Xi Jinping in meeting the expectation on China's international obligation and leadership. Aimed to link Asia, Europe, Africa and Oceania, the initiative provides tremendous opportunities of international economic cooperation. The paper argues that as China's contribution to international public goods, it is in the line of economic liberalism; as China's grand strategy, it is more of defensive than offensive by nature. Despite risks and uncertainties exist, the enforcement will boost China's influence and position in regional and international institutions. US should consider making more strategic space to the rising China, and a better coordinated China–US relations will make Asia Pacific a safer and more promising region.     

‘A second wife is not really a wife’: polygyny,gender relations and economic realities in Tajikistan

While polygyny in Tajikistan existed before the collapse of the Soviet Union in 1991 and has been a phenomenon of growing importance since Independence, it is still forbidden by law. To understand this renewal, I do not look at polygyny as a sign of religiousness, but as a form of patriarchal bargain in which women (who often experienced former matrimonial disjuncture) may have a greater power of decision in the spousal relations. I will explore women's points of view, from which polygyny is a strategy to accessing the symbolic and material resources they lack. I then explore the conditions to which becoming a second wife is possible: women's own resources, be they material, symbolic, familial, appear as of crucial importance in this accession to the status of being married anew.     

Technology and Politics: Have the ICTs Turned into a Domain for Civil–Military Relations in Turkey?

The implications of technology have been widely acknowledged in international relations. Studies ranging from the causes of war and military effectiveness to terrorism and nuclear proliferation have explored how technology shapes international politics. However, the implications of technology in domestic politics have not been scrutinised much. This paper helps fill this vacuum through an analysis of Turkey’s civil–military relations. Although civilian control over the Turkish military has improved in the past decade, this process has not been smooth. With a focus on the recent court cases involving the military, the 2007 e-memorandum and the transfer of electronic military intelligence apparatus to the civilian authority, this paper demonstrates how technology has become an important domain for civil–military relations in Turkey.