Xi Jinping: The Governance of China——Published in Multilanguages

正COMPILED by China’s State Council Information Office,the Party Literature Research Office of the CPC Central Committee and China International Publishing Group,Xi Jinping:The Governance of China,published by the     

Mr. Qi Xuchun,Vice-Chairman of CPPCC National Committee and CAFIU Vice-President,Visited Germany,Hungary and Austria(June 15-24, 2014)

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German and Italian Municipalities’ Internal Control Systems: Convergence to a Neo-Weberian Reform Pattern?

This article contributes to the debate on convergence/divergence of public management reforms toward the new public management (NPM) paradigm by analyzing the internal control systems (ICSs) in Germany and Italy. Specifically, the study describes the ICS established at the normative level in German and Italian municipalities and evaluates the extent of the decisional convergence to NPM, using the INTOSAI guidelines. Although similarities between the two ICSs and the INTOSAI guidelines emerged, decisional convergence is not demonstrated. Instead, these countries seem to converge to a Neo-Weberian reform pattern since they are cautious in the introduction of new managerial tools and they maintain their domestic original ICS.     

论我国私人承担行政任务的行政法规范模式选择——基于德国主观主义模式与法国客观主义模式的比较

我国行政法不具有规范私人承担行政任务的功能。德国和法国都将私人承担行政任务纳入了行政法的规范,但两国基于不同的法哲学立场采取了不同的规范模式。比较德国主观主义模式和法国客观主义模式,综合考虑两种模式的功能完善程度和对我国的适应程度,我国应选择在安定性和合目的性之间予以调和的相对主义模式。     

情势变更原则在建设工程合同中的适用——德国建筑私法实践及其对我国的启示

交易基础障碍制度在德国民法学说史上历经百余年的发展锤炼,渐以成熟完善,并于2002年债法改革后法典化。其相比于我国的情势变更原则具有更加广泛的内涵与外延,在适用标准的界定上殊值借鉴。具体到建设工程施工合同领域中,需要首先通过合同解释规则确定合同约定的内容,其次要将合同约定的风险承担和法定的风险划分进行剥离,再次需要个案判断情势的变化是否"重大",最后要严格把握"不可苛求"、"牺牲临界"的标准。当事人主张适用交易基础障碍制度,首先须提出调整方案,调整的目的并非在于重置合同当事人之间的等价关系,而仅在于结束一方当事人"不可苛求"的履行状态;调整不成或债权人拒绝调整的,遭受不利益的一方当事人有权请求解除合同。     

Limits of nationalist mobilization: Bromberg/Bydgoszcz in the Kaiserreich, 1900–1918

Discussions about ethnic mobilization in eastern Europe have emphasized efforts of nationalist leaders to demarcate their community from their neighbors in mixed areas where ethnic boundaries and identities were blurred. Demarcation became a common means of defining the community both geographically and culturally, a process which later facilitated the community's mobilization. In the German Empire, however, the Polish–German demarcation was already stark, since it mostly coincided with Catholic–Protestant demarcations. But while the Polish community mobilized quickly and showed great solidarity, the German community did not. Using the Bromberg/Bydgoszcz administrative district as a model, the article argues that the local German community's internal divisions limited its ability to mobilize. Germans agreed on the need for greater German community solidarity, but differed on conceptualizations of its ideal structure and form. Liberal nationalists, envisioning a more egalitarian community defined by a common ethnicity, fought with local conservatives, who were as intent on preserving their prominence within the community as they were on struggling with the Poles. Such divisions crippled local German mobilization on any scale comparable to their Polish neighbors, suggesting that an ethnic community's self-demarcation is necessary but not sufficient to ensure its mobilization.     

Transnational spaces in national places: early activists in Polish–West German relations

This article investigates a legacy of transnational activism in Polish–West German relations during the 1950s and 1960s, connected to the borderlands/expellee background of several of the early activists who initiated the relations. At a time when the Polish and West German states maintained no official diplomatic relations with each other, the importance of non-state initiatives and dialogue breaking with the antagonistic nationalism of the two world wars grew disproportionately. These individuals' expellee background, bilingualism, cross-border networks and loosened national identities contributed to their effectiveness in Polish–German relations. Taking exception to the popular conceptions of expellees as necessarily identical with the negative or anti-Polish opinions commonly associated with the expellee organizations, the article also focuses specifically on how certain expellees and former borderlands inhabitants attempted to renegotiate their postwar roles, political stances and even identities by associating themselves with Polish–German relations. They challenged the dualistic and polarizing nature of media discussions about German expellees in politics. In addition, the article and these individuals pose a challenge to international relations/conflict resolution research to look to cross-border communities as key elements in postwar/post-genocide dialogues.     

Notes on contributors

In the Kosovo crisis, Germany for the first time since 1955 joined NATO military combat operations in a major way. While this has often been interpreted as a fundamental major departure ('normalisation') in Germany's post‐war foreign policy, this article argues that Germany's willingness to contemplate joining a NATO war even without a mandate by the UN Security Council represents an evolution, rather than a fundamental change in Germany's foreign policy orientation. This evolution can be explained best as a logical and consistent response of Germany's foreign policy identity which reconciled, through modification, its traditional post war foreign policy identity as a ‘civilian power’ to a radically different security environment.     

Democracy and economy in Africa: The optimists and the pessimists

Democratization has come relatively late to Africa, but it has swept the continent which hitherto had mostly known only a brief period of liberal democracy immediately after independence. The pressure for democratization has come from the international community with the end of the cold war; and has been encouraged by aid conditionality; and from the peoples of Africa who have felt abused and repressed by other forms of rule in the intervening years. The survival of democracy is however far from assured: there are a number of arguments in its favour, but also a series of political problems. In addition democratization comes after a decade of economic hardship that has left Africa as the poorest continent in the world. The International Monetary Fund (IMF) and the World Bank have promoted Structural Adjustment Programmes, (SAPS) but the international economic environment is generally hostile for Africa's development and structural adjustment has had only limited success. Thus in addition to the political problems of democratization, it is taking place in a harsh economic environment which could contribute to the long term undermining of the enterprise.     

德国可再生能源法对我国立法的启示

德国在可再生能源促进方面形成了较完整的法律体系,其中《可再生能源优先法》是德国可再生能源法律体系中最重要的法案。自2000年获得通过以来,经历数次修改,2009年通过的《可再生能源法》修订案在法律体系、立法目的等各方面都有较大的调整。德国可再生能源促进法律具有重视法律规范的科学性、法律主体权利义务明确、注重运用市场经济手段三个特征,对我国可再生能源法的完善有一定的借鉴意义。