宅基地管理与物权法的适用限度

对土地管理制度的既有讨论,通常是从宪法第10条出发,没有考虑宪法第6条对"生产资料的社会主义公有制"的规定,将"国家所有"与"集体所有"片面理解为民法所有权而忽视其所有制内涵。物权制度是所有制关系的法律反映,"生产资料的社会主义公有制"是超越新中国历部宪法和其它具体法律的基本宪法原则,运用物权规则完善宅基地管理制度,需以公有制为大前提。忽视公有制前提的物权化改革建议,陷入"私法‘宪法中立",的认识误区,加上对宅基地经济社会属性的误会,所提出的改革方案缺乏法理与现实依据。现有制度在实现社会财富公平分配、公共资源有效管理和农民权利保护等方面基本有效,下一步改革只需做局部调整而无需全盘重建。     

论农村土地承包经营权的可继承性

土地承包经营权性质为用益物权,多个承包人是准共有的关系。《继承法》的规定为纳入新的遗产种类预留了制度空间,土地承包经营权也符合遗产特征,具备作为遗产的可能性。从顺应遗产范围不断扩大的发展趋势、避免法律体系冲突、维护农民利益等角度出发,应当承认土地承包经营权可以继承。在土地承包经营权继承的实施上,不应对继承人作身份条件限定,遗产的分割应遵循继承法的通常方法。     

From issues to goals: a novel conceptualisation,measurement and research design for comprehensive analysis of electoral competition

Abstract

The analysis of issue politics has long suffered from a fragmentation between valence and positional conceptualisations, preventing the effective development of a general model of issue-based party competition. Building on an overview of the evolution of party competition in the Western world in recent decades, this article offers a theoretical development that builds on ‘issue yield’ theory to provide a conceptualisation of political goals that generalises across positional and valence issues. This in turn allows a common measurement strategy, offering the possibility to comparatively assess various characteristics (including the electoral potential) of both positional and valence issues. Finally, it describes the specific research design derived from this framework and its implementation in comparative perspective in six West European countries during 2017–2018.     

Campaigning in an unprecedented election: issue competition in the French 2017 presidential election

Abstract

The 2017 French presidential elections featured an eventful campaign, produced astonishing results, and presented important signs of party system change. This paper analyses the main lines of divide of the demand and the supply side of electoral competition. It analyses the structure of citizens’ preferences, as well as the candidates’ strategic issue opportunities, relying on issue yield theory. To that end, it combines data from an original individual-level survey with information about the candidates’ Twitter messages. It is found that the traditional model of two-dimensional political space, characterised by an economic (left–right) and socio-cultural (integration–demarcation) dimension is largely challenged. On the supply-side, the analysis offers additional evidence for the central role played by the integration–demarcation divide, while showing that the traditional left–right conflict has not fully disappeared.     

论婚后父母出资为子女购房的产权归属及离婚分割

有关婚后父母出资为子女购房的产权归属与离婚分割,目前的司法规定存在多重标准、逻辑混乱的现象。基于夫妻共享利益与"逐渐融合"的两大婚姻本质,本文提出:我国夫妻财产制度应将父母赠与子女的财产视为个人财产,而个人财产在离婚时按累进比例分与对方。如此规定既可保障父母财产不因子女离婚而受损,又能激励婚姻的长期性和稳定性,保护夫妻共享利益。     

The ‘poisoned chalice’ of state ownership of water infrastructure in contemporary Blantyre,Malawi

The remunicipalisation of water in the global south has heightened a sense of optimism among left-leaning scholars and activists. This is widely heralded as a triumph over neo-liberal privatisation and therefore seen as putting water back into public hands. This article takes a critical view of this trend. It contends that insofar as remunicipalisation is conflated with state ownership, it may in other contexts not necessarily lead to water going back into public hands. An empirical account is presented of how state ownership in Malawi has been imbricated in commercialisation rationalities that have in turn undermined the establishment of an egalitarian public water network in Blantyre City. The article uncovers the extent to which the dominance of private capitalist interests in Malawi’s economy, lack of public financing and over-reliance on debt from global-local financial markets have systemically compromised the efficacy of the state in mediating the politics of water production and distribution.     

Estimating parties' left-right positions: Determinants of voters' perceptions' proximity to party ideology

The article aims to explore whether the accuracy of voters' perceptions of party ideology are affected by party position shifts and by the media's turn to non-left-right issues, such as political leadership, during election campaigns. Using data from the Comparative Study of Electoral Systems (CSES) and a country-specific left-right index based on data by the Comparative Manifestos Project (CMP), multilevel analyses reveal that emphasizing leadership issues can lead voters to reflect left-right positions more accurately. A party's left-right position shift between elections does not lead to a significant difference in voters' perceptions, while a shift on the economic sub-dimension of left-right ideology can even lead voters to more position clarity. However, multiple parties' shifting their positions seems to overburden respondents' cognitive capacity.     

What can a party say? How parties' communication can influence voters' issue ownership perceptions

Research has documented that issue ownership is an important aspect of voter behaviour. Therefore, issue ownership is an important asset for parties and one that they might try to improve on in order to enhance their electoral chances. Using survey experiments on a representative sample of Danish voters, the paper investigates what messages a party can convey to voters in order to improve its issue ownership – communicating its emphasis on the issue, its position on the issue, its links to the issue constituency, or its performance on the issue – across both valence and position issues. The results show the effectiveness of the latter two communication strategies thereby documenting that parties through their communication may affect voters' perceptions of their issue handling competencies.     

The lasting impact of adolescence on left-right identification: Cohort replacement and intracohort change in associations with issue attitudes

This study examined how the ideological correlates of left-right identification in the Netherlands changed between 1980 and 2008, and whether these changes were driven by cohort replacement. Analyses on repeated cross-sectional data revealed an increasing association with immigration and a decreasing association with redistribution, secularism, and civil liberties. Cohort differences were found for cultural attitudes: Secularism was most important for voters who were adolescent between 1917 and 1960, while civil liberties were most important for the 1960–1980 cohort and immigration was relatively important for the 1980–2008 cohort. Consequently, over-time changes in the importance of cultural issues, but not redistribution, were partly driven by cohort replacement. This indicates that the left-right distinction is partly shaped by circumstances during voters' adolescent years.     

私信著作权与其所有权的困境和法律保护路径

私人书信是一种物,所有权人有权依据《物权法》自由处分该信件,包括对私信的转让、抛弃、拍卖等,但是,大多数情况下私信原稿所有权人与私信作品的著作权人非同一主体,如果将私人书信作品类推为文字作品及未发表作品范畴,不仅导致著作权合理使用制度难以适用,且其与公众知识获取、隐私权等制度间的困境亦不易协调,因此,需要在个案中进行利益平衡。在制度设计层面,借鉴国外立法将私人书信作为“特殊作品”予以规定,并专门构造其发表权制度。同时,通过著作权法第三次修改来完善私信作品的保护,以协调其间的困境。