制定民法典侵权行为法编争论的若干理论问题——中国民法典制定研讨会讨论问题辑要及评论（二）

当前起草民法典侵权行为法的主要理论问题,集中在以下几点第一,民法典既要规定绝对权请求权,又要在侵权行为法中规定侵权请求权,因此必须协调好绝对权请求权和侵权请求权之间的关系;第二,侵权行为一般条款应当采纳"埃塞俄比亚体例",概括全部的侵权行为内容;第三,侵权行为法必须规定侵权行为类型,但如何进行侵权行为类型化,需要进一步加强研究,要适合中国国情和便于司法实践操作.     

Energy cooperation problems in Northeast Asia: Unfolding the reality

It is a truism that Northeast Asian states could benefit very much if they were to cooperate in the energy security realm. However, to many, especially economists, their behaviour to this common sense solution has been bewildering: there has been simply no progress towards this end and it still remains a puzzle, even to many energy specialists. This article attempts to answer a simple question: Why do the Northeast Asian states, namely China, Japan, Korea, and Russia, not cooperate? For its analysis, the author of the article relies on content analysis of recently released official governmental long-term energy policy and strategy documents of these states, and notes that cooperation for energy security reasons at the regional level is conspicuously absent, which possibly implies a lack of desire and willingness to do so amongst themselves. The article, however, deliberately omits from its study Korea, simply because no such long-term energy policy exists today. It attributes the major cause to the strong propensity by energy specialists to interchangeably use the concepts of ‘energy cooperation’ and ‘energy security’ in their analysis.     

法人目的事业范围之检析

法人的行为界限如何 ,能否受目的事业范围限制 ,流行理论莫衷一是。本文在人格平等的基础上 ,分析了法人一般权利能力与目的事业范围的不同性质 ,并深入研讨了目的事业范围与法人权利能力、行为能力及法定经营(活动 )范围的关系 ,进而就合理构建法人行为界限制度提出自己的构想和立法建议。     

Context from a social semiotic perspective: a discourse analytical study of the children TV show,Bubble Guppies

In mainstream linguistics, context is either entirely ignored or dominantly viewed as an objective property of the external world. For instance, in sociolinguistics or pragmatics, scholars frequently attempt to learn about the meaning of words or sentences given certain social context. The social semiotic method presented in this paper challenges the objectivity of context and explores the dynamic between content and context from the perspective of Peircian semiotics. An episode of a children animations series, Bubble Guppies, where human-like mermaids learn about the mysteries of ancient Egypt, is used as a point of departure to show that content and context recursively co-construct with viewers’ participation. For instance, while there is little physical similarity between where the Guppies meet in the show’s story and a typical classroom, the context of a classroom is clearly established through the way the Guppies interact with each other and with objects they encounter. Additionally, the results indicate that learning is an important product of such context-construction, as TV viewers must constantly elaborate on events and link interactions that are perceived not as objects but as signs entangled in a growing web of symbolic system.     

优先权制度在我国构建的争论与设想

我国民法体系中没有关于优先权制度的一般性规定,只是在某些特别法和程序法中就特殊社会关系规定了具体优先权。在《物权法》制定过程中,学界对应否规定优先权制度争议较大,但《物权法》最终对此也未作规定。优先权制度具有国内现有担保制度无法替代的特有功能,该制度的缺失使得一些基本的社会利益尤其是特别债权人的利益难以找到适当的制度予以保障。本文认为,我国未来的《民法典》应规定优先权制度以剔除此立法缺陷,但如何构建和设计该制度值得深入研究。     

刑事违法性浅谈

违法的根据是什么,这是一个为法学家们所争论不休的问题。在刑事法学领域,无论是法益侵害说,还是规范违反说,若是论及违法的根据,似乎都不能给出令人信服的解答。相比较之下,法益侵害说由于采客观违法论为其视角,更适合诠释一般违法性之本质;而规范违反说由于采主观违法论为其视角,更易于对刑事违法性进行解读。因此,就刑事违法性来说,在首先认定行为构成一般违法的基础上,借助规范违反说考察行为人对于刑法规范之态度,进而对行为之刑事违法性做出判断,无疑是一个最佳的选择。     

英美刑法共谋罪属性述评

共谋罪是一种抽象危险犯、继续犯和合伙型犯罪,这种观念和制度设计对共谋罪的刑事司法运作产生了重大的影响。法益保护的早期化,犯罪认定的宽松化,责任范围的宽泛化,外化行为要件的形式化,追诉时效的延长化,脱离共谋的困难化,传闻证据例外规则的虚置化,管辖地选择的任意化等是共谋罪独特属性在刑事司法运作上的深刻反映。共谋罪的运用,在对付有组织犯罪、恐怖犯罪等严重犯罪,提前保护法益方面具有重大的现实意义,但同时也具有易被滥用、侵犯人权的潜在风险,值得引起我们的高度警惕。     

Introduction: the politics of public justification

ABSTRACT

Introducing the special issue, this introduction sketches a broad frame for studying public justification. Addressing the relevance of studying this phenomenon, we contend that justificatory processes are very much at the core today’s politics. Defining the concept inclusively, we highlight the relevance of communicative agency and, at the same time, the salience of communicative contexts that enable this agency. Casting our net widely, we show how public justification is related to other, more thoroughly studied concepts, such as legitimacy, authority and power. Encouraging students of public justification to add to our understanding of justificatory processes, we highlight multiple fruitful methodological avenues for studying the concept.     

A general strain approach comparing the effects of victimization,social support,and perceived self-efficacy on LGBQ and heterosexual youth suicidality

LGBQ youth are more likely to consider, plan, and/or attempt suicide compared to their heterosexual peers. Evidence from the general population suggests that risky behaviors, like suicide, may be mediated by protective factors, including social support and self-efficacy. Using Agnew’s general strain theory and data from a statewide probability sample, the results of this study suggest that victimization, as a source of strain, is a risk factor for both LGBQ and heterosexual youth suicidality. While social support and self-efficacy reduce the risk of suicidality among heterosexual youth, they are not significant protective factors for LGBQ youth. Theoretical and policy implications are discussed.     

Stalking experiences reported by Norwegian members of Parliament compared to a population sample

Background: This study investigates experiences of stalking among members of the Norwegian Parliament and compared them to findings of a Norwegian population sample. Material and methods: In autumn 2012, all 169 members of Parliament (MPs) got a questionnaire with a general section ending with screening for stalking experiences. In case of positive screening, the MPs should give more details on their experiences. The population sample responded to a more extensive version of the same questionnaire. Results: The response rate was 59%, but only 95 MPs delivered valid questionnaires. The MPs reported higher prevalence rates of current stalking than the population sample. Previous stalking rates were higher among population. The MPs had less direct contact with stalkers and used more non-contact coping styles compared to the population. Conclusion: MPs experienced more current stalking than the population sample; otherwise, the picture of stalking of MPs was more nuanced than previously reported.