试论我国《合同法》对第三人利益合同的规定——对我国《合同法》第64条的解释

学界和司法实践中对我国《合同法》第64条的理解和适用存在着争议。否定说认为该条文没有对第三人利益合同做出规定,第三人不享有直接请求权;宽泛肯定说认为《合同法》第64条规定了"第三人利益合同"以及"债务人依照约定而为交付"两种情况;不足肯定说认为该条文实际上规定了第三人利益合同,第三人可依据该条的规定享有履行请求权,只是该规定尚不明确,在我国尚未形成第三人利益制度。经过比较分析,宽泛肯定说更具合理性和现实意义。     

论新时期我党执政合法性问题与对策研究

在现代政党执政的实践过程中,合法性问题关系着执政党的生死存亡。中国共产党执政60多年来,随着历史的发展,由于各种原因,我党所拥有的四大合法性支柱不断地受到来自各方面的冲击和挑战。如何始终保持党的先进性,如何进一步巩固党的执政地位、提高抵御风险的能力,成为中国共产党人必须高度重视的重大课题。     

民事诉讼中第三人利益保护系统论——以诉为中心

民事诉讼程序本身的特征于第三人利益而言变成了缺陷,审判程序的相对性和封闭性以及执行程序中审查的形式性成为损害第三人利益的先天性缺陷。民事诉讼制度在发展的过程中,通过第三人参加之诉、第三人撤销之诉和第三人异议之诉的设置,实现了第三人利益保护的系统化。     

Disrupting the South African parliament: performing opposition 1994–2010

The article focuses on the most common form of institutionally punished disruption seen in South Africa's National Assembly since 1994: orders for individual MPs to withdraw from the chamber. The shifting dynamics of such “set-piece” dramatizations of opposition and their relationship with the established analyses of political opposition in post-apartheid South Africa, especially “dominant party democracy” theory are explored. There have been two main styles of disruptive performance in the National Assembly since 1994. Firstly, performances of perceived political marginalization, and secondly, performances that paradoxically lay claim to uphold parliamentary democracy through rule-breaking, which are termed performances of procedure-as-democracy. The article examines how opposition politicians have justified disruption and unpicks the symbolism of prominent incidents. The focus is upon the performance of disruption and its performative aspects, particular the articulation of race and gender. It is argued that performances of procedure-as-democracy are actually one of the principal means by which opposition political parties perform narratives of ANC dominance and as such require much more attention and critical engagement from political scholars interested in dominant party democracy.     

论第三者侵犯配偶权的法律责任

第三者破坏他人的婚姻家庭,影响社会的和谐稳定.但是目前我国法律仅有关于第三者刑事责任的规定,且不尽完善,而尚无关于第三者侵犯配偶权的民事责任和行政责任的规定.第三者的行为符合一般侵权行为的构成要件,应当承担侵权的民事责任.第三者与有配偶者的姘居行为具有严重的社会危害性,应当以破坏婚姻罪论处.此外,第三者与有配偶者的通奸行为扰乱了社会治安秩序,应当承担行政责任.建议我国立法机关尽快修订相关法律,明确规定第三者侵犯配偶权的民事责任和行政责任,完善第三者的刑事责任.     

论意思自治在网络隐私权侵权领域的适用

《涉外民事关系法律适用法》极大程度的完善了涉外侵权领域的法律适用规则,它首次规定了意思自治在一般侵权中的适用,但是在网络隐私权侵权上却坚守了被侵权人经常居所地原则。通过理论分析,以及对国内外立法和司法实践的考察,认为意思自治也应当适用与网络隐私权侵权领域。     

Failure of security co‐operation in SADC: The suspension of the organ for politics,defence and security

Political opposition parties are considered crucial to the nurturing, enhancing and consolidating of democracy in every political system. Indeed, their existence is proof of political tolerance, competitive party elections, the provision of choices to the voting public and the possibility of alternation in power. However, the political opposition on the African continent is generally weak, and particularly so in Botswana, resulting in the predominance of the ruling party in political affairs. This article analyses the weaknesses of Botswana's opposition parties by tracing their historical evolution, characteristics, electoral base, and performance against the background of the political and electoral system in Botswana and the strength of the ruling party itself. It concludes that future prospects for the opposition to make greater inroads into the Botswana Democratic Party's support are small because of the fragmented nature of the opposition itself and the relative satisfaction of citizens with the current government's performance.     

Democracy in microstates: why smallness does not produce a democratic political system

To fully understand the function of volatility in today's European democracies, it is necessary to employ the principal-agent model. Where democracy is exercised in the form of party government, then it is especially essential to enquire into how the electorate can monitor politicians. Electoral volatility may increase the responsiveness of the party system to the electorate and increase the accountability of politicians. Party system instability is persistently higher in the east European democracies than in western Europe. System transition in eastern Europe passes through the party system, as new parties enter the electoral arena. Political innovation in western Europe also passes through the party system, where new movements appear alongside the established parties. However, there are signs of decreasing volatility in the east, whereas volatility is on the rise in several west European democracies. There will be convergence between west and east European democracies: both will experience considerable volatility in the future. This is a positive gain for democratic vitality in Tingsten's conception. The level of party system fractionalization is already the same over the regions of Europe. The principal-agent model would favour several agents as well as agent switches, which means a moderate level of party system instability.     

From ‘feckless pluralism’ to ‘dominant power politics’? The transformation of Russia's party system

The transformation of Russia's party system demonstrates a trend towards a decrease in party competition since the establishment of the party of power, United Russia, which claims to have become the dominant party. These developments are unique among post-Soviet countries, which merely attempted to create personalist, rather than party-based, monopolies of ruling elites. Why have Russia's elites opted to build a party-based monopoly and what are the prospects of this enterprise? The formation of the ruling group's party-based monopoly is explained with the help of a part-contingent model of an interrelated chain of causes and effects: (1) open electoral conflict among elites; (2) forced instrumental use of political parties as tools by the elites, in this conflict; (3) elite conflict turned into a zero-sum game; (4) a set of incentives for the ruling elite to make further instrumental use of the party of power; (5) an effective constellation of ideological and organizational resources of the party of power. The article also analyses the benefits and risks of the dominance of the party of power and its possible role in the consolidation of a non-democratic regime in Russia, along lines comparable to the Institutional Revolutionary Party in Mexico.     

Islamist moderation in perspective: comparative analysis of the moderation of Islamist and Western communist parties

What forms do Islamist moderation take, and which factors underlie each form of moderation? Although a prevalent question in recent years, less is known about the causes and forms of Islamist moderation in a systematic fashion. By building on the findings of Communist moderation literature, we introduce a two-stage framework to explain variation in Islamist party moderation over time and across space: tactical vs. ideological moderation. Tactical moderation refers to the kind of moderation where radical parties make a decision on whether to accept electoral democracy as a means to achieve ideological goals without compromising their platforms. Structural factors such as political liberalization, international factors and state repression are causes of tactical moderation. Ideological moderation pertains to shifts in a platform from a radical niche to more moderate lines to respond to societal changes (economic liberalization, economic growth, electoral loss and changing voter preferences) to gain greater popular support. Empirically, we analyse the Italian Communist Party and the Party for Justice and Development in Morocco in a comparative perspective. In providing evidence through structured comparisons and field interviews, we hope to advance a more universal, generalizable theory of radical party moderation.