论债权人代位诉讼的诉讼标的

我国代位权制度对“入库规则”的放弃,对我国债权人代位诉讼的诉讼标的影响极大,现有的“一 诉讼标的说”和“二诉讼标的说”均难成立,应当采纳新诉讼标的理论和“争点效”理论来解决其诉 讼标的和判决拘束力问题,即债权人代位诉讼的诉讼标的是债权人提出的要求次债务人履行债 务的诉讼请求,而作为基础法律关系的债权人与债务人之间、债务人与次债务人之间的债权债务 关系,则因判决的争点效而具有约束力。     

关于农村养老问题的思考

本文从分析当前农村老人的基本特征及其变化发展趋势出发,从社会心理、文化根基的变迁以及经济状况的变化等,探讨了农村养老问题,并分析农村现有的两种主要养老模式--“家庭养老“和“社会养老“模式所面临的困难,提出了新的养老模式--“老年集体自养模式“,并论证了其可行性和现实意义.     

网络道德问题成因探析

随着网络技术的迅猛发展以及网络应用的逐渐普及,网络道德问题正日益凸现.探寻网络道德问题的成因是解决网络道德问题的前提和关键.本文将从五个方面对网络道德问题的成因进行分析和阐释.     

The North Korean abduction issue: emotions,securitisation and the reconstruction of Japanese identity from ‘aggressor’ to ‘victim’ and from ‘pacifist’ to ‘normal’

Abstract

After Kim Jong-il's confession in 2002 that North Korean agents had abducted thirteen Japanese citizens in the 1970s and 1980s, North Korea has become the most detested country in Japan, and the normalisation of bilateral relations has been put on the back burner. The abduction issue has taken precedence in Japan even over North Korea's development of nuclear weapons and long-range missiles. It has also grossly overshadowed the atrocities for which Imperial Japan was responsible in the 20th century. Why has there been such strong emphasis on an issue that could be disregarded as comparatively ‘less important’? This article understands the ascendency of the abduction issue as the epitome of an identity shift under way in Japan – from the identity of a curiously ‘peaceful’ and inherently ‘abnormal’ state, to that of a more ‘normal’ one. The differentiation of North Korea as ‘abnormal’ emphasises Japan's own (claim to) ‘normality’. Indeed, by incarnating the perils of Japan's own ‘pacifist’ ‘abnormality’, which has been so central to the collective sense of Japanese ‘Self’ in the post-war period, the abduction issue has become a very emotional argument for Japan's ‘normalisation’ in security and defence terms. The transformation from ‘abnormal’ to ‘normal’ is further enabled by Japan trading places with North Korea in the discourse, so that Japan is defined as ‘victim’ (rather than former aggressor) and North Korea as ‘aggressor’ (rather than former victim). What is at stake here is the question whether Japan is ‘normalising’ or ‘remilitarising’, and the role of the abduction issue discourse in enabling such foreign and security policy change.     

Voter polarisation and party responsiveness: Why parties emphasise divided issues,but remain silent on unified issues

How does voter polarisation affect party responsiveness? Previous research has shown that political parties emphasise political issues that are important to their voters. However, it is posited in this article that political parties are not equally responsive to citizen demands across all issue areas. The hypothesis is that party responsiveness varies considerably with the preference configuration of the electorate. More specifically, it is argued that party responsiveness increases with the polarisation of issues among voters. To test these theoretical expectations, party responsiveness is analysed across nine West European countries from 1982 until 2013. Data on voter attention and voter preferences with regard to specific policy issues from a variety of national election studies is combined with Comparative Manifestos Project data on parties' emphasis of these issues in their election manifestos. The findings have major implications for understanding party competition and political representation in Europe.     

This land is my land: the Ethio-Sudan boundary and the need to rectify arbitrary colonial boundaries

Ethiopia and Sudan share a common boundary of over 1600 km which was drawn through a series of treaties between Ethiopia and the colonial powers of Britain and Italy. To date, this boundary has not been clearly demarcated. In 2007, the Ethiopian People's Revolutionary Democratic Front, the current ruling government, entered into a secret agreement with the Sudan to make adjustments on the border. This paper identifies the major factors that have frustrated efforts to address the Ethio-Sudan boundary problem and also proposes solutions on how Ethiopia and Sudan could resolve their differences. The analysis reveals that political, social and cultural factors; the decision to adopt the western concept of the boundary; and the failure to recognise the historic and cultural constructs have contributed to the frustration of negotiations on the border. The paper proposes that Ethiopia and Sudan embrace the African Union Border Program, which encourages mutual cooperation, regional integration and the building of communities with strong economic and cultural ties.     

For fear of popular politics? Public attention and the delegation of authority to the United States executive branch

Legislators are thought to delegate policymaking authority to administrative actors either to avoid blame for controversial policy or to secure policy outcomes. This study tests these competing perspectives and establishes that public attention to policymaking is a powerful predictor of the extent to which significant United States statutes delegate authority to the executive branch. Consistent with the policy‐concerns perspective, by one calculation statutes dealing with high‐attention issues entail 48 percent fewer delegating provisions than statutes dealing with low‐attention issues – a far stronger relationship than is typically found in the delegation literature. As per the blame‐avoidance perspective, a number of additional analyses yield results consistent with the notion that fears about future public attention motivate statutory delegation if legislative conflict is sufficiently great. Overall, however, the results suggest that conflict typically is not sufficiently great and that legislators are generally more inclined to limit statutory delegation when the public is paying attention.     

我国专利权保护的问题与对策

我国专利权的法律保护存在不少问题,究其原因,有专利权人主观原因,企业运作方面的原因,也有立法不足和执法不力的原因。针对存在的问题,应在提高专利权益意识,明确专利行政执法职能,理顺侵权赔偿途径,完善行政保护程序等方面采取措施。     

政党现代化之探讨

实现党的现代化,要坚持改革创新,代表人民利益,健全民主集中制,培养选拔年轻干部,了解和借鉴其他国家政党的经验。     

论我国土地征用制度的完善

公共利益在市场中无法自动实现 ,政府是实现公共利益的主体。为实现公共利益政府可发动土地征用权 ,公共利益是土地征用权的依据和界限。土地征用必须保证征用的土地与公共利益目标相当。土地征用权的滥用表现在征用的土地与所追求的公共利益目标不相当及土地征用补偿费用给付过低 ,土地征用制度的完善应从这两个方面着手。