私法自治原则的缺失——以前苏联时期民事立法为考察背景

前苏联时期,私法自治原则基于特定的理论基础,在民事立法中出现了制度性缺失,进而影响了当时民事立法基本制度的面貌。这一特定时期发生的这一法律现象,为丰富私法自治原则的理解提供了一个极具理论意义的解读标本。     

工会工作与构建和谐企业

全面落实科学发展观,构建和谐社会,是建设具有中国特色社会主义的重大问题。工会作为党联系职工群众的桥梁和纽带,义不容辞地肩负着协调企业与职工多方面利益关系的重任。因此,工会组织要充分发挥在构建和谐企业中的作用。     

What does Brexit Tell Us about Our Understanding of European Identity?

This paper reports on a number of Eurobarometer surveys undertaken by the European Commission as a way of reflecting on Brexit and the challenges it poses to European identity. Our work with the surveys has been undertaken in the context of developing an educational game (RU EU?) which will explore European identity. European citizenship and identity have been strongly promoted by the EU but, while they appear to have been accepted at an elite level, the EU—and the UK in particular—have so far not constructed a narrative which has been supported by ‘ordinary’ citizens. Brexit has therefore exposed the failings of European elites in this regard. That said, there is some evidence that the complexities of Brexit have led to a strengthening of European identity in the other EU 27 countries.     

From Merkel to Kramp‐Karrenbauer: Can German Christian Democracy Reinvent Itself?

Germany's Christian Democrats have started preparing for the time after Angela Merkel. After ten years as German chancellor facing a weak opposition, Merkel unexpectedly split the country in late 2015 and early 2016 because of her ‘open border’ policies that allowed more than 1 million refugees and migrants to rapidly enter Germany. Her management of the subsequent crisis was largely considered a failure and her party suffered a series of dramatic election defeats. Reacting to the negative electoral feedback, and in particular the breakthrough of the rightist and anti‐immigration Alternative for Germany (AfD), the Christian Democratic Union organised an intra‐party contest to replace Merkel as party leader. Three candidates with different political profiles, Annegret Kramp‐Karrenbauer, Friedrich Merz and Jens Spahn, contested the election. By voting for Kramp‐Karrenbauer, the CDU membership voiced support for maintaining a large‐scale political coalition based on efforts to find compromises between different party wings and social and cultural interests.     

National parliamentary control and voting in the Council of the European Union

This article explores the different ways governments express dissent in the Council of the European Union (EU) through ‘No’ votes, abstentions and recorded negative statements. A game-theoretical model is presented that studies voting behaviour and analyses how the national parliaments’ levels of control over their governments’ EU policies affect it. It is concluded that governments that are strongly controlled by their parliaments are not more likely to express dissent. However, when they do express dissent, they vote ‘No’ more often. Parliamentary control depends on the presence of formal oversight institutions as well as the motivation of parliamentarians to hold their governments accountable. Empirical support is found in an analysis of votes on 1,387 legislative proposals that represent more than a decade of Council decision making in the period 2004–2014. This article contributes to the discussion on the involvement of national parliaments in EU affairs, and clearly distinguishes the different forms of dissent in Council decision making.     

Responding to the crisis: Eurosceptic parties of the left and right and their changing position towards the European Union

At the time of the election of the European Parliament (EP) in 2014, the European Union (EU) was heavily affected by a multifaceted crisis that had – and still has – far-reaching implications for the political system of its member countries, but also for the European level of governance. Against the background of the strong Eurosceptic vote in the 2014 EP elections, this study aims to investigate in which way Eurosceptic parties of the left and the right respond to the multiple crises of the EU. Using data from the Euromanifesto Project from 2004/2009 and 2014, changes in the party positions towards the EU are analysed in the shadow of the multiple crises and the reasons thereof are explored. The findings show a general anti-European shift among the two types of Eurosceptic parties. Nevertheless, the changes in the EU polity tone are not determined by issue-based repercussions of the multiple crises, but by the EU-related evaluation – the polity mood – of the national citizenry. For far-right Eurosceptic parties, the shift is moderated by the level of public support for EU integration in their national environment. Among far-left Eurosceptic parties, by contrast, it is moderated by the more specific public attitudes about the monetary union policy of the EU. Consequently, political parties when drafting their manifestos for EP elections are not so much guided by the objective severity of political problems or by the evaluations of these problems by the citizenry. What matters in the end is the link that citizens themselves are able to establish between the severity of political problems, on the one hand, and the responsibility of the EU for these problems on the other. This has important consequences for understanding of the nature and substance of political responsiveness within the EU system of multilevel governance.     

United in diversity? The convergence of cultural values among EU member states and candidates

The European Union (EU) is considered to be a unique economic and political union that integrates most European countries. This article focuses on the cultural aspect of European integration, which has been increasingly debated over the course of deepening and widening integration and in the context of the legitimation crisis of the EU. Among the main goals of the EU is to promote certain values, which raises the question of whether it has been efficient in (or enabled) reducing cultural value gaps among the participating countries. World polity and institutional isomorphism theories suggest that cultural values may trickle down in a vertical manner from the institutions of the EU to its member states and candidates. Furthermore, hybridisation theory postulates that values diffuse horizontally through intensified interactions enabled by the EU. These two perspectives imply the possibility of cultural convergence among countries associated with the EU. By contrast, the culture clash thesis assumes that differences in cultural identity prevent value convergence across countries; growing awareness of such differences may even increase the pre-existing cultural value distances. To test these different scenarios, distances in emancipative and secular values are compared across pairs of countries using combined repeated cross-sectional data from the European Values Study and the World Values Survey gathered between 1992 and 2011. This study finds that the longer a country has been part of the EU, the more closely its values approximate those of the EU founding countries, which in turn are the most homogenous. Initial cultural distance to the founders’ average values appears irrelevant to acquiring membership or candidacy status. However, new member states experienced substantial cultural convergence with old member states after 1992, as did current candidates between 2001 and 2008. Since 1992, nations not participating in the integration process have diverged substantially from EU members, essentially leading to cultural polarisation in Europe. The findings are independent of (changes in) economic disparities and suggest the importance of cultural diffusion as one of the fundamental mechanisms of cultural change. This empirical study contributes to the literature on European integration, political and sociological theories of globalisation, and cross-cultural theories of societal value change.     

历史演进视角下的欧盟与北约关系走向——兼析拜登当选的影响

自欧盟确立共同安全与防务政策以来,欧盟独立防务与北约之间存在着“相互替代”和“相互增强”两种论调。争论焦点在于价值观念、威胁评估和战略文化、军事和民事能力、国防工业和支出。在过去几年,欧盟与北约的关系也围绕上述四个方面发生变化。具体而言,欧盟与北约之间总体上呈现以合作为主、竞争为辅、两者同步增强的发展态势。美国新任总统拜登承诺修复美国与盟友的关系,包括进一步加强北约。同时,美、欧将在价值观念上回归“旧常态”,在威胁评估和战略文化上进一步靠拢,在民事和军事手段的运用以及增加国防工业投入上也会有更多共识和共同行动。因此,欧盟与北约的关系将进一步呈现相互增强的态势,但前提是欧盟的战略自主建设不只是出于做强自身,而是更多地为了使欧、美双方公平承担相应的责任。     

从苏联解体看和谐社会的目标指向

苏联解体时人类历史发展进程尤其对国际共产主义运动影响深远。对相关问题的研究，尤其是对苏联解体原因、经验教训的分析与反思，无疑对我国社会主义和谐社会的建设具有重要借鉴意义。     

东盟与欧盟经贸关系的现状与前景

本文首先回顾东盟与欧盟的经贸关系发展历程,然后分析、探讨东盟与欧盟贸易与投资关系的特点及其存在的问题,最后对其未来发展趋势提出几点看法。