论道路交通管理法规冲突

法律冲突问题在行政法领域是一种较为普遍的现象。有关道路交通管理方面的法规体系亦存在较多冲突，需通过完善立法程序、加强立法监督以及区域间立法协调等途径加以解决。     

演化中的利益协调机制:挑战与前景

伴随市场转型而出现的社会结构与利益关系的分化,使当下中国进入了一个“矛盾凸显期”.两种基本的矛盾形式——官民矛盾与劳资冲突对既有的利益协调机制提出了巨大的挑战,这不但造成局部领域的失序状态,而且也使“维稳”的经济和社会成本越来越高.作为对这种挑战的回应,各级政府从公共政策领域和政府过程优化两个维度做出回应,力图建构一种...     

The Alliance System of the Abu Sayyaf, 1993–2000

Unsettled conditions on Jolo and Basilan islands in the southwestern Philippines have seriously hampered efforts to obtain information about the Abu Sayyaf. The result has been a continuing ignorance over the most fundamental features of the group. In the attempt to broaden our understanding of its structure, this article examines data drawn from an array of sources in light of the authoritative work of Thomas Kiefer on the traditional Tausug alliance system on Jolo. It argues that the Abu Sayyaf consists of a system of alliance groups of the kind customarily found in Muslim Filipino societies.     

董事忠实义务及其扩张

董事忠实义务在本质上是董事信义义务,与勤勉义务并列,成为约束董事行为的法定机制。董事忠实和勤勉义务均建立在公司与董事之间的信义关系基础上,均以维护公司整体利益为宗旨,但规制重点不同。忠实义务主要规范董事与公司之间利益冲突关系,勤勉义务旨在推动董事发挥聪明才智,两者共同成为评价董事履职的主要标准。忠实义务与民法中禁止自己代理和双方代理的规则之间关系密切,但在制度功能和义务要素上仍有重大差别,不能彼此替代或混为一谈。随着现代社会中公司交易复杂化以及公司集团现象普遍化,规制公司与董事利益冲突的公司法规则正在从“绝对禁止”向“禁止缓和”发展,忠实义务主体则已适度扩张至控股或主要股东,成为补充调整股东与公司关系的特殊机制。     

An Anthropological Contribution to Peace and Conflict Resolution Studies

This article takes its stance in the fruitful perspectives with which anthropology may contribute to peace and conflict resolution studies, a field seemingly dominated by political science. Not only the relativity of ‘peace’ and ‘war’ is at stake when anthropologists intervene with their epistemologies applied to human interaction in violent contexts. Challenging the methodology of registering such interaction and asking for gender perspectives are pivotal parts of the anthropological endeavour within peace studies. Trying to emphasize the opposite of ‘normal’—which is concentrating on war—anthropologists have a longstanding tradition of focusing on peaceful societies as well as documenting the resocialization of peoples suffering from atrocities.     

Women's Accounts of Domestic Violence

Abstract

Critiques of behavioral inventories, qualitative studies of battered women's experiences, and communications research all suggest that women's accounts of violence contain information and a more complex structure than is captured by checklist measures that focus on types of abuse. We conducted a quantitative thematic analysis of 162 women's accounts of domestic violence to assess structure and content. Most women presented domestic violence as a “story” with an introduction, body and a conclusion: 59% presented a “complete story” and 33% a “near story.” Background information and problem statements were the most prevalent content statements in the “introduction,” and relationship issues and explanations were most common in the “conclusion.” Bivariate analyses revealed that accounts did not vary by socio-demographic factors and severity of the incident. Men were less likely to present complete stories, had far briefer narratives, and never discussed relationship issues. Knowledge of the structure and content of women's accounts provides greater understanding of women's responses to violence.     

What Can Pro-Democracy Activists in Arab Countries Expect from the European Union? Lessons from the Union's Relations with Israel

In this article, we analyze the European Union's (EU) approach to the Israeli–Palestinian conflict, showing that there is a wide gap between its normative opposition to the occupation, Israel's expanding settlement project, and the EU's foreign trade policy. Our argument is not only that there is no evidence of norm diffusion from the EU to Israel, but that within the EU itself there is no diffusion from the normative political stance to the EU's economic interests. The Israeli case suggests that the pro-democracy activists of Tunisia, Egypt, and Syria should be aware that the trade interests of the EU Member States will ultimately trump the EU's political declarations.     

论保险人免责与受益权丧失的立法冲突——对我国《保险法》第28条、第65条之立法分析

保险人免责和受益权丧失作为保险法中的两个重要条款,直接影响到保险合同的有效性以及保险赔付义务的切实履行。但我国《保险法》第28条第二款在列举保险人免除赔付责任的情况时,过分强调保险人的利益,扩大了保险人免责的权限,而《保险法》第65条第一款、第65条第二款对受益权丧失的规定又含混不清、相互矛盾。在受益人唯一和多人的情况下,投保人或受益人制造保险事故后有关保险人免责、受益人丧失受益权以及保险金给付的处理方法及相应的修改意见。     

经济全球化对全球文化的影响--兼论中国文化发展战略

构成文化核心的深层结构的价值观念与取向、思维与行为模式、宗教信仰、审美情趣等 ,具有很强的稳定性 ,有一种独立发展的内在惯性与规律 ,不会轻而易举地被同化 ;而以消费为中心的文化的浅层结构则容易被“全球化”。研究者不同的视角也会影响到对经济全球化背景下全球文化的走向的判断。全球文化将在冲突与融合的交互中走向与经济全球化相适应的新阶段     

Conflict dynamics in post-2011 Libya: a political economy perspective

After the fall of the Qadhafi regime Libya has become a theatre of conflict and violence. In the midst of the vacuum left by the sudden collapse of the old regime, various groups have come to contest their role in a new Libya. Illicit trafficking and the exploitation of oil resources have contributed to this struggle by empowering certain actors over others and by exhausting the capacity of the state. This article investigates the derailing of the Libyan transition and the opening of a new phase of conflict from a political economy perspective. It engages with key arguments developed in the literature on the economic causes of war and shows that the conflict in Libya challenges some of their conclusions. The establishment of areas of de facto sovereignty—warlordism—suggests two key factors explaining the discrepancy between theoretical arguments and empirical evidence: the problematic and contested definition of state and non-state actors in Libya; and an emerging political economy which is best described as an overproduction of governance rather than a lack of it.