论事实婚姻在重婚罪犯罪构成中的地位

事实婚姻在重婚罪的犯罪构成中具有重要的地位。基于立法目的的差异和考虑问题角度的不同,婚姻法和刑法对事实婚姻予以区别对待,这是合理的,不存在自相矛盾的问题。对于事实婚姻是否影响重婚罪成立的问题,应当根据事实婚姻是否具有法律效力以及事实婚姻属于在先婚姻还是在后婚姻,分别予以处理。     

The origins of APRA in Cajamarca, 1928–1935⋆

From its foundation in 1930 until the late 1980s, the Alianza Popular Revolucionaria Americana (APRA) comprised the largest and best organised political party in Peru, but surprisingly few studies exist on how the organisation was established and built up a mass following at the provincial level. This article examines the birth of APRA in the Andean department of Cajamarca. It highlights the support the organisation obtained among key middle–class groups (i.e. lawyers, schoolteachers, cattle dealers, etc.), and the links they forged with the rural and urban poor. APRA's efforts to mobilise “new” social actors, such as women and students, are also described.     

延安时期朱德的坚强党性

延安时期朱德的坚强党性,突出表现为鲜明的无产阶级意识、强烈的纪律意识和牢固的群众观念。无产阶级意识,强调提高党员的阶级觉悟,坚持党对中国革命和工人阶级的领导、加强党对军队的绝对领导;纪律意识,强调遵守组织原则,同不正确的思想和行为作斗争,通过发扬民主来增强党的团结;群众观念,强调把党和人民利益摆在第一位,以身作则,把共产主义道德转化为共产党人的优良作风。朱德的坚强党性,来源于对民族独立、国家富强和人民幸福的执著追求,来源于对共产主义的深刻理解和不懈探索。     

刍议少数民族地区事实婚姻的法律效力

在少数民族自治地区应根据实际情况分别承认事实婚姻的法律效力 ,才能更好地维护少数民族地区的婚姻家庭秩序 ,保护事实婚姻当事人的合法权益。     

论我国仲裁机构的法律属性及其改革方向

仲裁机构法律属性的确定关涉到仲裁机构治理、改革方向选择与中国仲裁制度优化。由于立法未明确仲裁机构法律属性,受政府牵头组建的模式与现行体制限制,仲裁机构继被归类于事业单位后,又被其分类改革裹挟而无所适从,整体"行政化"色彩严重。历史原因与当前深化政府机构改革的压力叠加,使得仲裁机构面临被"违法改革"的危机。仲裁私法自治的本性决定了仲裁机构的非官方性和独立性,制度竞争促使仲裁机构走向公益性和非营利性。我国仲裁机构改革应当彻底去行政化,确定公益性非营利法人定位,优化治理结构。仲裁应主要通过行业协会进行自治自律,政府监管需依法适度。融入国际竞争、完善仲裁法治、加强人才培养是未来仲裁发展之关键。     

The Revised German Raw Materials Strategy in the Light of Global Political and Market Developments

Raw material markets have proven to be challenging in recent years. The so‐called critical raw materials (CRMs), which are required for green technology, have particularly high environmental and supply risks. The revised German raw materials strategy attempts to address challenges of production and supply of CRMs and other mineral‐based raw materials. This contribution analyzes the motivation, measures, goals, and challenges of the German raw materials strategy in the light of global economic and political developments, applying the qualitative method GABEK®. Results show that the revised strategy is more ambitious and reaches farther than the initial strategy of 2010. Challenges that remain include the lack of willingness of the German industry to engage in mine production and the more pro‐active political approaches demonstrated elsewhere. As all major economic powerhouses outside of Europe pursue a hands‐on approach, it remains questionable if the revised German raw materials strategy will fundamentally be able to sustainably secure raw material supply for the German industry.     

Freedom and Sovereignty a Fatal Relationship Outlined with Jean-Luc Nancy and Marquis De Sade

Sovereignty and freedom are interlinked in a manner of both ambivalence and interdependence. Neither can sovereignty confirm itself without presupposing for itself a pure state of freedom; nor can freedom conceive and realise itself without interweaving with sovereignty. Both concepts collide with each other as sovereignty usually signifies a certain social or cultural power or order; and freedom regularly is related to a sovereign subjectivity. Therefore, the question is: how far might sovereignty serve as a source of freedom that, at the same time, has to be limited by this freedom itself. When the sovereign (subject) defines where the limits of freedom are, he will mostly define the limits of experiencing such freedom for all those who have to follow his decision on the limit. Further, if the free (sovereign) subject itself defines its own limits, it will supposedly end up rejecting its interweaving with any other subjectivity beyond its own. The problem remains: both sovereignty and freedom cannot be realised if they are already limited.     

Instituciones electorales,derecho a la información y medios de comunicación durante las campañas presidenciales de 2012

This paper assesses the performance of Mexican electoral authorities during the 2012 presidential campaigns concerning citizens’ right of information. By means of a theoretical review of the concepts of freedom of speech and right of information a case is made for the necessary complementarity and interdependence of both concepts. The paper explores the approach that electoral authorities adopted on three different spheres, namely, the “suggested guidelines” that were submitted to radio and television agencies for the coverage of electoral campaigns; the monitoring of campaigns coverage by radio and TV news broadcasts; and the organization and promotion of electoral debates among Mexico’s presidential candidates. This review reveals a considerable clash between theory and the ife’s and tepjf’s practices. The paper closes with some general remarks on freedom of speech and the role of electoral bodies in Mexican politics, as well as with a proposal of various reforms that could reinforce freedom of speech and the right of information in the coming electoral campaigns.     

Legitimación en las acciones colectivas

This paper analyses the standing in collective actions to enforce undefined and collective interests as well as homogeneous individual interests, according to the Brazilian legal doctrine and legislation. He treats the types of class actions, the standing to bring a suit and the adequate representation in the Latin American countries that have developed these matters: Argentina, Brazil, Chile, Colombia, Mexico and Uruguay. Of Argentinean Law, the author examines the collective amparo contained in article 43 of the National Constitutional, and the environmental and consumer’s procedures. Of Brazilian Law, the author studies the actions to enforce undefined and collective interests and homogeneous individual interests, contained in the 1990 Consumer’s Defense Code. The Brazilian Law guidelines have influenced the Model Code of Collective Procedures for Iberoamerica and the Chilean and Mexican Laws. In Colombia the collective interests are enforced by popular actions, and the equivalent to the homogeneous individual interests are defended through group actions.     

Voting for Movement Parties in Southern Europe: The Role of Protest and Digital Information

In recent years ‘movement parties’ such as Syriza in Greece, the Movimento 5 Stelle in Italy, Podemos in Spain and—to a lesser extent—Bloco de Esquerda in Portugal shook national party systems, breaking the consolidated dynamics of political competition. Despite growing interest in movement parties, there has been scant attention to the role of citizens adopting unconventional forms of action and using digital media in accounting for their electoral performance. To fill this gap, four original internet-based post-electoral surveys are employed showing that protesters and digital media users are more likely to vote for these parties, despite important country differences.