我国不动产异议登记制度的完善——以《物权法》第19条第2款为切入点

《物权法》第一次以国家立法形式确认了不动产异议登记制度,但该规定较笼统,在实践中缺乏操作性。在评析我国不动产异议登记规定的基础上对构建我国不动产异议登记制度作出立法建议。     

民事诉讼管辖权异议制度的主体思考

我国民事诉讼法对管辖权异议的主体范围没有很明确的规定。在理论界通说认为只有被告享有异议权,然而这种说法并不科学。实际上原告、被告、必要共同诉讼人、诉讼代表人以及无独立请求权第三人都应当被法律赋予管辖异议权,以确保其他相关诉讼当事人也都享有管辖异议权。     

Political and Civic Engagement and Participation: Towards an Integrative Perspective

Abstract

This article presents an overview of current understandings in the study of political and civic engagement and participation, drawing in particular on innovations which have emerged from the Processes Influencing Democratic Ownership and Participation (PIDOP) project. For the purposes of the article, ‘engagement’ is defined as having an interest in, paying attention to, or having knowledge, beliefs, opinions, attitudes, or feelings about either political or civic matters, whereas ‘participation’ is defined in terms of political and civic participatory behaviours. The different forms that political and civic engagement and participation can take are outlined, and the factors that are related to different patterns of engagement and participation are reviewed. These factors operate at different levels, and include distal macro contextual factors, demographic factors, proximal social factors, and endogenous psychological factors. An integrative model covering all four levels of factors is outlined. Some findings from the secondary analysis of existing data-sets (including the European Social Survey and the International Social Survey Programme) in the PIDOP project are also reported. These findings show that engagement and participation vary as a function of complex interactions between macro, demographic, and psychological factors. It is argued that multi-level integrative theories, such as the one proposed in the current article, are required to understand the drivers of political and civic engagement and participation, and that policies and interventions aimed at enhancing citizens' levels of engagement and participation need to take this multi-level complexity into account.     

论公务员的抵制权

《公务员法》第54条规定公务员在执行上级的决定或者命令时,可以提出意见或者不服从,确立了公务员的抵制权,并从而建立了执行异议制度和不服从制度。这对于保护公务员合法权益来说具有重要的意义。但是其规定的这两种制度还存在着一定的局限性。     

对行政复议书面审查方式的异议

《行政复议法》规定的复议审查方式是书面审查原则。这一原则与公开性、行政争讼性都是不一致的,而且,书面审查并不能保证查清案件事实,也缺乏相应的档案制度、证据制度的支持。建议修改这一法律规定,使书面与非书面审查方式并存,由当事人和复议机构选择决定,非书面审查方式应增加开庭式、听证式,以补听取意见形式的不足,并建立健全行政执法档案制度和行政证据的法律制度。     

Cohabitation in Europe: a revenge of history?

Unmarried cohabitation is often seen as a radically ‘new’ phenomenon, originating in the 1960s, but in fact it has long historical antecedents. The question is, however, whether traditional and modern cohabitation are comparable and whether we can speak of persistence. This article offers a literature review on cohabitation in Europe, with the focus on persistence over time, integrating the results of a 2013 conference on this topic. What sources are available to confirm or reject such persistence? How should we understand persistence? In terms of the motivations of unmarried cohabitants? Or in terms of the acceptance of the community at large? And if no real persistence is found, does this mean that European cohabitation since the 1970s truly represents ‘new’ behaviour? We show that, on the regional level, the legacy of the past is still visible in factors affecting the timing and frequency of marriage of cohabiting couples. These factors are a mixture of regional socio-economic constraints, the relative cultural importance attached to marriage, the religious history, and the level of secularization.     

Investment Still Matters

正The Chinese economy has entered a"new normal"characterized by a slowed growth rate.The three major growth drivers,namely demographic dividends,dividends from institutional reforms and investment,are running out.The"new normal"is also characterized by continuous optimization of the economic structure and a shift from investment-driven to innovation-driven growth.Many scholars argue that over-investment has caused imbalance in many areas,such as a large proportion of manufacturing sector in the economy and insufficient consumption.Therefore,they think the proportion of investment should be reduced if China wants     

Rethinking economic security in a globalized world

Economic security is one of the primary dimensions of human security and is closely associated with poverty and related issues. This article takes a non-economic view of economic security and argues that the concept may lose its policy traction and relevance if it continues to be narrowly defined as and associated with poverty per se. If the concept is to continue to be useful to policy-makers and analysts, it needs to champion and embrace issues and concerns beyond poverty and consider the emergent threats affecting the non-poor. It argues, by way of several highlighted examples, that the concept is sufficiently dynamic to capture and incorporate other pervasive threats to the well-being of the people. It also points out that understanding the political impact and influence of economic security is just as important as studying the economic dynamics.     

To survive is all: How the authoritarian core tackles neighboring dictatorships

This article attempts to answer why autocrats of illiberal regional powers intervene in the politics of neighboring dictatorships and argues that the dictator always prioritizes his survival and thus intervenes if he perceives his survival to be under direct threat. The formal model proposes three factors that determine the level of perceived threat: demographic composition, structural similarity, and regime dynamic of autocratic countries. The authoritarian core must pay close attention to those neighboring autocratic countries that are suffering from regime change, are close to its own densely populated region, and have regime types or social structure similar to itself. Additionally, if hostile ethnic or religious groups are highly concentrated in some areas of the authoritarian core where it borders autocracies experiencing regime instability, the authoritarian core will be motivated to intervene in the domestic affairs of those neighboring countries. Using QCA and case studies, this article confirmed that whether an authoritarian core will take action against countries in geographical proximity depends on a combination of these three factors.     

Rethinking the epistemic case against epistocracy

ABSTRACT

In this article, I focus on arguments which suggest that disenfranchising persons on the grounds of incompetence is likely to produce epistemically sub-optimal decisions. I suggest three ways in which such arguments can be strengthened. First, I argue that they can be untethered from the controversial ‘best judge’ principle, according to which each person is the best judge of his or her own interests. Second, I suggest that epistemic arguments against epistocracy are currently insensitive to the nature of the groups that would be excluded on the grounds of incompetence. Such arguments would remain unchanged were epistocracy to disenfranchise privileged persons rather than already disadvantaged persons. I argue that a stronger critique of epistocracy ought to focus on distinctive epistemic obstacles faced by socially privileged persons. Third, I argue that current epistemic critics of epistocracy ignore how its basis for exclusion entails consequences that are relevant to our assessment of its justifiability. Their criticisms would, for instance, remain the same had this exclusion been brought about in a random manner. Instead, I emphasise the deliberative costs that follow from the exclusion of disadvantaged groups qua incompetent.