论因第三人欺诈或胁迫而订立合同的效力

当事人一方因受第三人的欺诈或胁迫,与相对人所订立合同的效力,集中地表现为该方当事人、相对人以及第三人之间利益冲突。这里的"第三人"并非当事人一方与相对人以外的任何人,而是受到特定的限制。对于一方当事人受第三人欺诈或胁迫而订立合同的效力,应该采纳《荷兰民法典》所代表的效力模式,以相对人知道或应当知道合同一方当事人受第三人欺诈或胁迫的事实,作为合同一方当事人撤销该合同的条件。如果遭受欺诈或胁迫的一方当事人受有损失的,可以要求第三人承担侵权责任,赔偿其全部损失。     

卫生行政执法领域《行政强制法》实施涉及的若干问题探析

《行政强制法》的实施将推进行政领域的全面法治。对照该法的立法精神,从卫生行政执法领域入手,具体分析了卫生行政强制领域暴露出的问题,包括一些强制措施设定的合法性及配套程序的缺失、行政强制执行效率低下及行政执法主体法定资格等,在此基础上提出了相应建议。     

Experiences of coercion during investigation and treatment

According to Swedish legislation (LVM) compulsory treatment shall be decided on if someone, due to ongoing abuse of alcohol, drugs or volatile solvents, is in need of care to overcome abuse and if a voluntary intervention is not possible. Very little research has been conducted in Sweden on this particular legislation with regard to the clients' experiences of entire process from assessment to aftercare. We interviewed 74 subjects who were being assessed prior to the court's decision on involuntary care (n=39), or with previous experience of assessment and involuntary care (n=35). The assessment group more often reported having the opportunity to express their opinions to the social worker during the assessment period (55% vs. 21%, p<.05) and they were more positive towards the final decision (60% vs. 24%, p<.05). In spite of the law, 18% were not contacted by the social services while in coercive treatment. The clients who did meet with a social worker, often described the conferences as more of a perfunctory nature with a lack of focus on the actual situation and aftercare planning. This study points at a need of studying the subjects' experiences of the whole continuum of the coercive process: from the investigation, to treatment and to aftercare. It also points at the need for new instruments to be developed covering all aspects of the coercive process and in particular the period of investigation prior to the decision on involuntary care.     

DIFFERENTIAL COERCION,STREET YOUTH,AND VIOLENT CRIME*

Using a sample of 300 homeless street youths, this study examines differential coercion theory and the role that coercion and the socialpsychological deficits of anger, low self‐control, coercive modeling, coercive ideation, and control imbalances play in the generation of violent crime. Results from cross‐sectional and prospective offending models that examine the individual mediators reveal that coercion has a direct relationship with violent offending as well as a relationship that is mediated by low self‐control, anger, coercive modeling, and coercive ideation. Although control imbalances have a direct relationship with crime, they do not mediate the relationship between coercion and crime. In the cross‐sectional model that contains all the mediators, coercion, low self‐control, anger, coercive modeling, and coercive ideation are associated with crime. In the prospective model that contains all the mediators, only anger, coercive modeling, and coercive ideation remain associated with crime. Results are discussed regarding future theory development and policy implications.     

Legitimacy and Coercion in Peacebuilding: A Balancing Act

ABSTRACT

Despite the tendency of the power literature to analyse legitimacy and coercion in isolation, both theoretical and empirical evidence suggest that coercion and legitimacy are not parallel lines but can interact in different ways, supporting or undermining each other. A methodical exploration of the relationship between legitimacy and coercion is important not only for improving the theoretical literatures on power and legitimacy but also in the light of the increasing interest in the power of legitimacy in statebuilding and peacebuilding. This article first analyses the overall interaction between coercion and legitimacy, and then explores the question that emerges from the interaction analysis; what level of coercion is permitted or required in order for a mission’s local legitimacy to be sustained? Finally, for the practice of peacebuilding, the article shows that an operation needs to understand its initial legitimacy standing with the local population, as this determines how much coercive force it can employ without undermining its overall legitimacy.     

Under their “control”: Perceptions of Traffickers’ Power and Coercion Among International Female Trafficking Survivors During Exploitation

Despite an increase in knowledge about human trafficking, little is understood about interpersonal power dynamics between traffickers and their victims; particularly in relation to coercion. Understanding victims’ perceptions of power is critical to developing trauma informed, targeted services for prevention, intervention, and aftercare services for survivors. This paper explores human trafficking victims’ (n = 31; adult, female, international) perceptions of traffickers’ interpersonal social power as influenced by prior entrapment factors and traffickers’ characteristics during the controlling period of the exploitation, the “maintenance phase”. Findings from this study reveal that entrapment factors and shared characteristics between victims and traffickers influenced perceptions of specific kinds of power. Moreover, findings suggest that more investigation is need to explore how much influence dynamics outside of the trafficking relationship (i.e., social and environmental factors) have on victims’ perceptions of traffickers’ power. Further, results suggest a need for anti-trafficking professionals to be particularly cognizant that victims may perceive individuals in positions of power such as social service providers and law enforcement, as similar to their traffickers.     

The Syrian chemical weapons disarmament process in context: narratives of coercion,consent, and everything in between

This article explores the successful Syrian chemical weapons disarmament process (2013–2014) within the context of post-Cold War coercive arms control policy and scholarship, particularly related to the Middle East. Based on extensive interviews with individuals involved in the process, we explore the coexistence of two rival, apparently contradictory narratives: one (backed by Western states) claimed coercion was the main contributor to disarmament, while the other (defended by Syrian authorities and Russia) insisted on the process’s consensual features. Our study suggests that the hybrid disarmament framework, embodied in a unique joint mission between the United Nations and the Organisation for the Prohibition of Chemical Weapons, conveniently accommodated both narratives, which in turn contributed to the mission’s success. We then ask whether, with the apparent US retreat in the Middle East, the Syrian case (as well as the 2015 Iran nuclear deal) signals a possible turn in international non-conventional arms control processes that would leave more room for consent and diplomacy.     

North Korea's hegemonic rule and its collapse

Ideological leadership through the Party was at the core of the North Korean leaders’ hegemonic rule over the people, which resulted in the great popularity of Kim Il-sung. Marketisation in the wake of the economic crisis, however, significantly impaired the mechanism for rule by consent, especially by triggering the influx of outside information and undermining the Party's ideological education activities. The economic crisis led the state to adjust the mechanism of consent and coercion in such a way that the state's control over society could be restored by relying more on rule by force, which was demonstrated by the much stricter penal system, bloody purges and, most of all, military-first politics. This, nonetheless, was a temporary measure because, in Guha's terms, ‘dominance without hegemony’ would not be durable in the long term. The regime can sustain itself in the long-term only through the reinstatement of the consent mechanism, which disintegrated owing to the marketisation. However, as the marketisation, being beneficial to those who have power as well as ordinary people, is irreversible in North Korea today, the reestablishment of hegemonic rule would not be attainable.