我国票据付款诉讼制度的研究

一旦因遗失、灭失等原因失去票据的时候,失票人就无法行使票据权利。为了使失票人免受这种利益损失,我国票据法规定了挂失止付、公示催告以及请求付款诉讼三种补救措施。其中,请求付款诉讼这一制度是从英美法体系中移植我国的。可是,目前该制度在我国并没有得到很好的普及,原因何在?它与挂失止付、公示催告制度之间的关系如何?等等,将以请求付款诉讼制度为中心展开各种讨论。     

Use of Craniofacial Superimposition in Historic Investigation

A skeleton discovered in Grand Forks, North Dakota was purported to belong to Clelland “Clell” Miller, a James‐Younger gang member, who was killed during the Northfield Bank robbery on September 7, 1876. A 3‐D image from a computer tomography (CT) scan of the skull was obtained, and a craniofacial superimposition was conducted to determine if the skull could belong to Miller. The superimposition method used in this case was to overlay the CT image of the skull onto Miller's postmortem photograph. In addition to the craniofacial superimposition, the images were juxtaposed to compare similarities or differences in facial morphology between the skull and photograph. Superimposition methods can be used to exclude identifications; however, they should not be used as a conclusive method for identification. In this case, there were sufficient similarities between the skull and Miller's photograph; therefore, the skull could not be eliminated as possibly being that of Miller.     

Reforming the French welfare state: Solidarity,social exclusion and the three crises of citizenship

The article explores recent debates about citizenship and social provision in France. It examines the essential concepts comparable to ‘social citizenship’, as understood in British debates, and the role that they have played in the development of the French welfare state. Its conclusions are threefold. First, social provision in France is founded on the principle of solidarité, which holds that all citizens face a series of social risks (unemployment and illness) that make them dependent on one another. Second, as the traditional insurance principle (the core of the French welfare state) is founded on socio‐economic conditions (concerning the nature of social interdependence and social risk) that no longer exist, the emergence of these social ills has led to not one but three crises of citizenship: a crisis of coverage, of legitimacy and of participation. Third, while it is too early to draw definitive conclusions, recent policy reforms suggest that the difficulties faced by French welfare are encouraging moves towards the British model of tax‐based (rather than insurance‐based) financing of social provision.     

Writing Roots in Post-Apartheid South Africa

What are the benefits and drawbacks of the popular practice of writing Alex Haley-style Roots narratives—and making roots claims more broadly—in post-apartheid South Africa? This article explores this question through special attention to two South African neo-slave narratives. The first, Botlhale Tema’s The People of Welgeval (2005), is a contemporary version of Haley’s classic that reveals the benefits of genealogical narration particularly in repairing individual trauma and addressing the vexing problem of land redistribution. The second, Yvette Christiansë’s Unconfessed (2006), can be read as text that challenges both the literary model and the psychological and social projects I associate with Haley and Tema, as it foregrounds the gaps or cracks present in such acts of recuperation and focuses on a kind of pain than cannot be assuaged or made up for. I argue that, taken together, these novels concerned both with historical slavery in South Africa and its legacy in the democratic present help us to move beyond a longstanding “roots”/ “routes” dichotomy to understand what roles each term plays for individuals grappling with racial oppression and where, how, and why the terms fold into each other.     

外部治理机制对银行业绩影响的实证研究

本文从贷款合约延续性出发,指出在贷款合约延续期间,外部要素市场以及法律法规环境可以通过作用于借款公司财务健康的方式,间接影响银行的业绩,这是一种完全有别于传统理论的间接银行外部治理理论。并且,本文还利用我国61家城市商业银行2005-2009年度数据对该理论进行了实证检验,结果发现,一般公司的外部要素市场竞争以及法律法规环境完善的确改善了银行业绩,从而也证实了本文提出的理论。     

De-Europeanisation and Equal Citizenship in Turkey: The Case of Circassians

ABSTRACT

The Europeanisation process in Turkey that extended roughly from 1999 to 2006 boosted the political and cultural rights of diverse ethnic groups in Turkey, including Circassians, and strengthened their claims for equal citizenship. With the loss or weakening of the EU as an anchor for democratic reform in the post-2007 period, however, the de-Europeanisation process has resulted in the disappearance of the main legal and institutional basis for the democratic integration of ethnocultural minorities. Nevertheless, analysis of the activities of four large Circassian communities in Turkey shows that the same process has enhanced the cultural reification of these groups as their survival strategy.     

商业银行社会责任的兴起及其督促机制的完善

伴随着商业银行社会责任运动的全球兴起,我国商业银行践行社会责任的问题也引起政府相关部门、行业组织以及社会大众的关注。在这种情势下,国内银行纷纷采取行动回应这个问题。不过,从实践来看,在这场已略显“喧嚣”的国内商业银行社会责任运动中,“督促机制”所存在的缺陷始终制约着运动的实际效果。为此,建立“硬法”与“软法”并施、外部督促力量与内控督促制度相结合的“督促机制”是提升国内商业银行践行社会责任之效果的重要方面。     

Medical malpractice as reflected by the forensic evaluation of 4450 autopsies

A multicentre retrospective analysis of 4450 autopsies carried out due to suspicion of medical malpractice in 17 German institutes of forensic medicine from 1990 to 2000 was performed for the German Federal Ministry of Health. During the time period analysed an increase of cases could be mentioned. The main results of the study are: in the cooperating institutes the total number of autopsies due to suspected medical malpractice ranged from 1.4 to 20%. In more than 40% of the cases preliminary proceedings were started because the manner of death was certified as non-natural or not clarified. Hospital doctors were more affected by medical malpractice claims than doctors in private practice. However, the number of confirmed cases of medical malpractice was higher for doctors in private practice than for hospital doctors. Although surgery is still at the top of the disciplines involved in medical malpractice claims the number of confirmed surgical cases was below the average. Mistakes in care were confirmed to be above the average. Medico-legal autopsies are still a very sufficient method to evaluate cases of medical malpractice: 2863 cases could already be clarified by autopsy. Up to now there is no systematic registration of medical malpractice charges in Germany. A systematic registration should be initiated to build up and/or improve error reporting systems and, thus, to improve patient safety. Compared to other sources of medical malpractice claims (arbitration committees of the medical chambers, reference material of health and insurance companies, files of civil courts) the data of the present multicentre study are in so far unique as only lethal cases were evaluated and a complete autopsy report was available as basis of an expert opinion in alleged medical malpractice cases.     

防范以银行卡密码为突破口的犯罪侵害

当前,银行卡使用密码的便捷性与安全性的矛盾日益突出。人为设置密码的安全性受制于设置者的智力水平和对安全性能考虑的周密程度,人为设置密码的经常变更也无法抵御随时可能发生的密码被窃取或者骗取的风险。非法获取他人密码是“前置性犯罪”,而获取他人密码之后的犯罪活动可称为“后发性犯罪”。应当在《个人信息保护法》中明确对密码的特别保护,进一步明确银行在保护客户密码安全方面的义务,努力创造条件对银行账户采用生理纹线识别技术。     

公证债权文书执行审查程序与破产债权确认之诉的交错与区隔 ——以重庆莱卡斯贸易有限公司破产债权确认纠纷案为视角

具有强制执行效力的公证书确认的债权进入执行程序后,债务人进入破产清算的,围绕债权产生的争议,在规范层面上,存在着公证债权文书执行审查程序与破产债权确认之诉这两种不同的争议解决程序,然而这两种程序性质迥异,相互排斥、无法并行。为协调两种程序之间的关系,应当以裁定受理破产申请与裁定中止执行这两个时间节点为界,对这两种程序的适用范围进行区隔,分别确定两个程序的不同规制范围。