第三人撤销之诉原告适格的再考察

利用2012年民诉法实施以来司法实践中积累的相关裁判文书,区分起诉审查和实体审理两个程序阶段,可以对分别以裁定和判决就原告适格作出判断的若干第三人撤销之诉案例从法解释论的角度进行分析。经考察有独立请求权第三人和无独立请求权第三人这两类提起撤销之诉的第三人的多种情形,可看到此类案件实际上很可能间接地起到遏制虚假诉讼或不诚信诉讼行为的作用,且具有规范第三人参加诉讼制度的程序运用或增进为第三人提供的程序保障等其他方面的潜力。不过,在原告适格等诉讼要件的审查和一些相关的程序设计上,司法实务对第三人撤销之诉的运用仍有待于进一步的改进、完善,并需要继续获得理论上的支撑。     

Hybrid Organizations: No Cause for Concern?

Hybrid organizations mix the characteristics of state, market, and civil society. Critics have suggested that such organizations pose severe risks to the public sector, both financially and culturally. However, these assertions are based mostly on theoretical claims or single case studies. No systematic evidence has been collected to support them. The findings of a large research program in The Netherlands in several policy fields show that the concerns over hybrid organizations appear to be overstated, since theoretically defined risks have not materialized. Conditions such as the presence of active regulators and a high degree of professionalism appear to dampen the risks.     

The quality of referendum debate: The UK's electoral system referendum in the print media

This paper analyses the quality of debate surrounding the UK's 2011 electoral reform referendum as represented in the print media. It first considers how debate quality in the context of a referendum campaign may best be conceptualized. It then uses content analysis of media coverage to investigate three aspects of that debate: its quantity; the balance between Yes and No arguments; and the quality of reason-giving. It finds that the quantity of debate was comparable to other recent electoral reform referendums. Coverage was predominantly, but not overwhelmingly, hostile to change. The different indicators of the quality of reason-giving present a mixed picture. The paper concludes by considering how the analysis could be extended through further comparison with other cases.     

Unveiling the Third Force: Toward Transitional Justice in the USA and South Africa, 1973–1994

This study compares the American and South African security responses to perceived communist-inspired insurgencies—the American Indian Movement in the USA and the United Democratic Front/African National Congress in South Africa. In each instance, the governments employed third force techniques by utilizing surrogates, informants, provocateurs, and hit squads. As a result, these official entities became complicit in the criminal political violence that ravaged the Pine Ridge Indian Reservation, KwaZulu-Natal, and the Rand townships between 1973 and 1994. This study also examines how investigative commissions in each country endeavored to expose official misconduct and hold these agencies accountable for their actions. Despite the differences in the scale of each insurgency as well as the overall purpose of each counterinsurgency campaign, this article finds common ground in the rationale, implementation, and effects of the security responses in each country.     

Towards an Afrokology of knowledge production and African regeneration

Abstract

This article addresses the issue of the scientificity of studying and generally investigating historical phenomena in which African achievements are properly recognised and appropriated as such by all humanity. This approach is not necessarily African‐centric or Afrocentric. It is a universal scientific approach that goes beyond Eurocentricism. It recognises other sources of knowledge as valid within their historical, cultural or social contexts, and seeks to dialogue with them. It recognises tradition as a fundamental pillar in the creation of such cross‐cultural knowledge in which Africans can stand out as having been the forebearers of much of what is called a Greek or European heritage. This scientific approach is provisionally called Afrokology, which encompasses the philosophical, epistemological and methodological issues, all seen as part of the process of creating an African self‐understanding that can place Africa in today's global world, and in which it is recognised as a full partner and forebear of much of the human heritage.

African scholars must pursue knowledge production that can renovate African culture, defend the African people's dignity and civilisational achievements and contribute afresh to a new global agenda that can push humanity out of the crisis of modernity as promoted by the European Enlightenment. Such knowledge must be relevant to the current needs of the masses, which they can use to bring about a social transformation out of their present plight. We cannot just talk about the production of ‘knowledge for its own sake’ without interrogating its purpose. There cannot be such a thing as the advancement of science for its own sake. Those who pursue ‘science for its own sake’ find that their knowledge is used for purposes which they may never have intended it. Eurocentric knowledge is not produced purely for its own sake. Its purpose throughout the ages has been to enable them to ‘know the natives’ in order to take control of their territories, including human and material resources (Said 1978) for their benefit. Such control of knowledge was used to exploit the non‐European peoples, to colonise them both mentally and geo‐strategically, as well as to subordinate the rest of the world to their designs and interests. This article adopts and explores Afrokology, a philosophical, epistemological and methodological approach that emphasises that Africa's achievements are recognised.

The issue of an African Renaissance, which has been advanced politically, especially by the South African President Thabo Mbeki, cannot be viewed as an event in the politics of the African political elites, although that may be their purpose. It has to be taken up, problematised, interrogated and given meaning that goes beyond the intentions of its authors, and involve the masses of the African people in it if it has the potential to mobilise. It can be used as an occasion for beginning the journey of African psychological, social, cultural as well as political liberation. It can also be used as a mobilisation statement and the basis for articulating an African agenda for knowledge production that is not only relevant to African conditions, but also sets an agenda for the reclaiming of African originality of knowledge and wisdom, which set the rest of human society on the road of civilisation.     

Online Political Debate,Unbounded Citizenship,and the Problematic Nature of a Transnational Public Sphere

Citizenship has always been a dynamic notion, subject to change and permanent struggle over its precise content and meaning. Recent technological, economic, and political transformations have led to the development of alternative notions of citizenship that go beyond the classic understanding of its relationship to nation states and rights. Civil society actors play an important role in this process by organizing themselves at a transnational level, engaging with issues that transcend the boundaries of the nation state and questioning the democratic legitimacy of other transnational actors such as international and corporate organizations. They also allow citizens to engage with “unbounded” issues and to construct a transnational public sphere where such issues can be debated. It is often assumed that the Internet plays a crucial role in enabling this transnational public sphere to take shape. Empirical analysis of discussion forums and mailing lists developed by transnational civil society actors shows, however, that the construction of such a transnational public sphere is paved with constraints. To speak of a unified transnational public sphere is therefore deemed to be problematic. It cannot be seen or construed without taking into account the local, the national, and enforceable rights in order to materialize the ideas and hopes being voiced through civil society.     

Terrorism,war and the economy of scale: an interview with Ted Goodnight

Apart from the great debates on the definition of terrorism or its causes, the discussion about whether ‘new terrorism’ can really be considered new or not has become one of the central disagreements in terrorism research. This article will respond to the criticism voiced by some of the proponents of the ‘new terrorism’ idea and reflect on the merits of their arguments. It will emphasis the importance of words and the implication of small predicates such as ‘new’ for the construction of terrorism and our reaction to it.     

论信息公开诉讼中行政机关的举证责任--涉及第三人权益的分析

若政府信息涉及到第三人权益,行政机关在行政诉讼中的举证责任有必要进一步厘清,这其中既涉及到第三人权益的认定、征求意见程序的履行,又涉及到第三人权益与公共利益的衡量。涉及第三人权益与侵害第三人权益意涵不同,应慎重借用信息公开条例以外的其他法律规范的相关概念。第三人的意见仅具有程序保障的意义,行政机关仍需在最终的决定中说明理由。行政机关还应就是否涉及公共利益、公共利益与第三人利益的衡量承担举证责任。     

机动车物权变动公示论

机动车的物权变动应区分情况适用法律,未完成初始登记的机动车物权变动应适用《物权法》第23条,已完成初始登记的机动车物权变动应适用《物权法》第24条。《物权法》第24条不宜解释为物权变动的意思主义模式,未经登记的机动车所有权变动仍应坚持交付后方生效。对未登记机动车物权不得对抗的善意第三人,应采用限制说。对于机动车占有与机动车登记二元公示引发的冲突应采取一定的措施加以避免。     

中国经济体制转型与《商标法》的第三次修改

我国《商标法》的第三次修改工作已全面展开。这次修改以中国经济从高度集中的计划经济体制向社会主义市场经济体制的转型为时代大背景,因此,我们应站在战略全局的高度,大刀阔斧、锐意改革。具体而言,应当涤除计划经济的理念和制度,删除《商标法》中"加强商标管理"的立法宗旨,将《商标法》调整对象从"注册商标法律关系"回归到"商标法律关系",重构《商标法》中的商标利益平衡机制,从而推动我国《商标法》的现代化进程。