海上保险中被保险人对保险人代位求偿权所负之义务

通过对被保险人对于代位求偿权所负义务性质的剖析,明确了被保险人仅负有不得损害保险人代位求偿权的消极义务。结合英美法的相关制度和判例并联系中国海上保险的司法实践,进一步阐述了被保险人所负义务的内涵。最后结合《中华人民共和国保险法》,对《中华人民共和国海商法》第253条进行检讨,提出对《中华人民共和国海商法》第253条的修改建议。     

郑洪年与国立暨南大学的党化教育(1927—1934)

党化教育是国民党掌权后在思想领域实行一党专制的重要手段,尤以民国国立大学内的党化教育最为典型。本文着重以民国华侨教育家郑洪年任校长期间的国立暨南大学为考察点,探讨国民党在国立大学实施党化教育的主旨、具体措施及其影响,以加深对民国时期党化教育的认识。     

道路通行条件优化制度的建立

交通安全管理部门为履行好法律所规定的义务,必须将义务融会在道路通行条件安全隐患信息反馈、非交通性活动交通安全影响评价、道路交通安全管理设施优化、道路通行信息透明化四个制度之中,通过良好的运转机制,让履行义务成为一种日常的工作行为和规范化的工作过程,进而才能从优化道路通行条件这一层面提升道路交通安全管理的质量。     

Autocratic legitimation in Iran: Ali Khamenei’s discourse on regime “insiders” and “outsiders”

The article analyses Ali Khamenei’s discourse on insiders and outsiders in the Islamic Republic of Iran, arguing that it shows the leader of an electoral revolutionary regime striving to counter elite fragmentation and growing democratic demands. It studies identity demarcation as a tool of autocratic legitimation. In a political system where the possibility to access political positions depends on supporting a belief-system, all cadres share a basic identity, which rulers can exploit to draw boundaries between “us” and “them”. The analysis reveals how Iran’s leader capitalizes on the existence of an insider-outsider divide to promote ideas about an imagined “we” of the regime. The “we” is portrayed as an Islamic we, fully committed to his rule. The article maintains that Khamenei developed this discourse in response to the challenge of the Iranian reform movement. It analyses, first, the context in which the discourse emerged and, second, the discursive strategy itself, to substantiate the claim. It concludes that the discourse had two essential aims in the containment (1997–2003) and crushing (2009–2010) of the pro-democracy reformist and Green movements: to de-legitimate Khamenei’s opponents through othering and to legitimate the counter-mobilization of repressive agents.     

The Czech Islamophobic movement: beyond ‘populism’?

ABSTRACT

Sla?álek and Svobodová’s paper focuses on the ideology of the Czech Islamophobic movement as seen during the 2015–16 migration crisis. In their analysis of interviews with demonstrators and speeches by leaders of the movement, they discuss first how the movement imagined its enemies, and then describe its vision of positive core values. They conclude that the movement’s key ideological features are: an emphasis on social and civilizational decline (declinism); a return to an assumed naturalness in economic and gender relationships (naturalization); and the open evocation of violence and severity (brutalization). In terms of Rogers Brubacker’s distinction between xenophobic ethno-nationalism in Eastern Europe, and the xenophobic defence of liberal values in the West, Sla?álek and Svobodová find that the Czech case fits the allegedly western pattern better than the eastern one, which may cast doubt on the whole essentialization of distinctions between ‘western’ and ‘eastern’ populisms.     

Social history, (Neo-)revisionism and mapping the 1930s Spanish left*

Revisionist historians and their Neo-Revisionist/conservative fellow travellers identify the Spanish left as the main cause of the civil war (1936–1939) that culminated in the establishment of the Franco dictatorship. Such claims are possible because these historians distort both the history of the left and the nature of social protest and mass mobilisation during these years. In part, the reliance of Neo-Revisionist/conservative historians on the methods of traditional political history – combined with their stubborn aversion to social history – makes it impossible for them to understand the left. This article argues that only through social history is it possible to comprehend the complex and shifting nature of protest dynamics in the 1930s. Indeed, many of the conflicts that played out in the political arena during these years were conditioned by structural economic problems and social tensions that resulted in diverse forms of radical contestation among the grassroots of leftist movements. Social, and indeed cultural history, are, therefore, central to any analysis of the myriad forms of these protest energies that flowed from the bottom up to shape the orientation of the leftist organisations.     

Democratization through education? Theory and practice of the Czech post-revolution education system and its reforms

The transformation process from an authoritarian/totalitarian system entails many institutional changes, however, the individual citizen is often being overlooked in this chaotic, fast-paced process and his or her “transformation” into a democrat is taken for granted. The changing socio-political system and its exigencies may lead to nostalgia and social frustrations, which in turn cause democratic backsliding. In order to cultivate a democratic society and avoid future backsliding, the post-communist states quickly set out to reform their educational systems, both in form and substance. By reviewing the reform process of the Czech educational system and discussing the prevailing legacies left by the communist regime, the article will show that through the “destruction” of the former system and its de-monopolization, decentralization and de-ideologization, the state deliberately lost significant means and power to transform Czechs from “homo sovieticus” to “homo democraticus” and is now left with a dependence on the highly autonomous schools and their propensity to foster democratic generations that will uphold the democratic state in the future. This paradox is reminiscent of the so-called Böckenförde dilemma, claiming that the liberal democratic state “lives by prerequisites which it cannot guarantee itself”.     

增设危险驾驶机动车罪必要性论证

对于我国《刑法修正案（八）》增设危险驾驶机动车罪,学者观点不一。犯罪圈的划定有其特定的标准：即行为的严重社会危害性及现行立法规制力的不足。以此为标准,则完全有必要将危险驾驶机动车行为纳入刑事法律的评价视域。     

建国前夕中国共产党的反腐倡廉建设

反腐倡廉建设是党的建设伟大工程的重要组成部分,对于不断提高党的领导水平和执政水平、提高拒腐防变和抵御风险的能力具有重要意义。建国前夕是党的历史上自身建设的关键时期,也是党的反腐倡廉史上具有里程碑意义的时期。本文力图对这一时期党的反腐倡廉建设进行一次详细的历史考察,探寻该时期党反腐倡廉建设的思想和实践基础;对复杂形势下党加强自身反腐倡廉建设的内容和举措做出梳理和总结;分析建国前夕党反腐倡廉建设的特点,为当前党的反腐倡廉建设提供历史借鉴。