论遗嘱自由与限制的平衡

遗嘱自由是继承法的一个重要原则,并为现代各国私法立法所普遍采用。在坚持遗嘱自由原则的同时,加强对这一原则的监督和限制,以完善继承法体系。建立专门机构管理有关继承和遗嘱事项,同时学习外国先进的特留份制度,建立有中国特色的社会主义特留份制度。对破坏家庭和谐且违反社会公共道德和公共秩序的人,禁止遗嘱人遗赠财产给这些人。从而使遗嘱自由原则在限制中发展。做到遗嘱自由与限制的平衡。     

Arthropods of Forensic Importance on Pig Carrion in the Coahuilan Semidesert,Mexico

Abstract: This is the first report of an ongoing research to establish a sarcosaprophagous arthropod database in the Coahuilan semidesert. Seven pigs (Sus scrofa L.) were used as human models to determine succession in an open urban area during the 2007 winter–spring period. Arthropods were collected manually and from pitfall traps. Carcass biomass loss, as well as arthropod colonization, was recorded during 71 days postmortem. Five decomposition stages were identified during which most abundant orders were found to be Diptera, Coleoptera, and Hymenoptera. Lucilia sericata (Meigen), Chrysomya rufifacies (Macquart), Necrobia rufipes (DeGeer), Dermestes maculatus (DeGeer), Pheidole hyatti Emery, and Pogonomyrmex rugosus Emery stood out as dominant species.     

涉外遗嘱继承法律适用立法研究

传统意义上,继承的目的是为了抚养被继承人的亲属,防止继承人因为被继承人的去世而失去基本生活保障,其体现的是一种家庭伦理关系。为了维持这种伦理关系,各国法律一般都对遗嘱继承施加了较为苛刻的条件。然而,随着社会的进步,个人自由被提到一个新的高度,家庭伦理观念逐渐衰落,当事人意思自治逐步进入涉外遗嘱继承领域。我国立法中还没有涉外遗嘱继承法律适用的规定,应当借鉴国外经验,将当事人意思自治引入涉外遗嘱继承法律适用的立法中。同时,在当事人没有选择法律时,也不必一味地强调适用法院地法保护公共秩序,而应该严格限制公共秩序保留的运用。     

论市民社会与继承制度的走向

市民社会的成长决定了继承制度的演进。本文旨在透过市民社会的历史变迁及其与政治国家的互动关系,发现现代继承制度为影印市民社会与政治国家的格局所应考虑的问题。文章第一部分,从继承的目的、继承的客体、继承的主体以及继承当事人的意愿等四个方面,分析了古代市民社会的不成熟性;第二部分,分别从古代社会家(族)内部和家(族)之间寻找市民社会的生长点,揭示继承制度随着市民社会的发展成熟而演进的过程;第三部分,从与第一部分相对应的四个方面,分析市民社会与政治国家的并立与互动关系,提出我国继承制度中存在的一些问题和现代继承制度的走向。     

A Survey: Children’s Rights Post Termination of Parental Rights and Pre-Adoption

This survey of the statutory provisions and case law of all 50 states and the District of Columbia includes the rights of children to parental support, inheritance, and familial association remaining upon termination of parental rights. A majority of states terminate all the child’s rights at the time parental rights are severed. However, a number of states by explicit statutes or statutory construction have determined that a child’s rights to parental support survives termination of parental rights. This survey examines the prevailing law in each state and suggests statutory reforms to protect the legal status and rights of children.     

The politics of vice-presidential selection in Latin America

It has become common for presidential candidates in Latin America to pick running-mates from outside of their own political parties in the form of political independents or politicians from other parties. As witnessed in several recent cases, this has added a new dynamic to Latin American presidentialism, not least in situations of political crisis. Drawing on a new database, the present paper enquires into the factors that may lead prospective presidents to select such “external vice-presidents”. The findings show that the logics behind selecting either a politician from another party or a political independent as running-mate differ. While the size of the presidential candidate's own party explains the decision to select vice-presidential candidate from another party, the choice of an independent is determined by the fragmentation of the party system. Furthermore, there is evidence that previous experiences of vicepresidential succession makes the selection of an independent running-mate more likely, possibly as a attempt to guard against challenges to the future presidency. Generally, presidential hopefuls tend to pick external running-mates who lack a strong political following, which also indicates that electoral logic is often mitigated by concern for the stability of the eventual presidency.     

遗赠扶养协议性质探析——我国继承法及其司法解释相关法条评析

从大多数遗赠扶养协议纠纷的判例来看,受扶养人的利益得到更多保护,其原因在于继承法侧重保护被继承人.但是,遗赠扶养协议之"协议性"也给合同法的适用提供可能,适用平等保护当事人的合同法会得出不同的结论.调和法律之间的冲突进而解决实践中的纠纷,需要以遗赠扶养协议的制度价值和社会需求为基础,明确遗赠扶养协议的合同属性,公平分配当事人之间的权利义务.     

论我国继承权丧失制度的完善

继承权丧失制度是继承法中重要制度,直接关系继承权丧失人和其他继承人的切身利益,而且对于维护和睦文明的家庭关系和社会和谐具有重要作用。但是我国《继承法》中关于此制度尚有许多值得商榷之处,对比国外立法例,检讨我国现行立法,以期构建完善的继承权丧失制度。     

Bureaucratic socialism in reform mode: the changing politics of Cuba’s post-Fidel era

Standard wisdom explains Cuba’s current transformation as one of economic change but political immobility. However, Cuban politics have also undergone a major change since the handing over of power from Fidel to Raúl Castro – even if the rhetoric used has been one of continuity. This article traces this process by looking at four areas: the depersonalisation and re-institutionalisation of the political structures; the diversification of the public sphere, particularly through the use of digital media; the liberalisation of travel and migration, with its transformative impact on state–citizen relations; and the turn to a moderate foreign policy, as highlighted by the rapprochement with the USA, with its implications for legitimising the underpinnings of Cuban socialism. Although the shift has been well below the threshold of a transition to multiparty democracy, Cuba has evolved from the charismatic model of the past to what can be understood as bureaucratic socialism in reform mode.     

The rise and fall of a policy: policy succession and the attempted termination of ecological corridors policy in the Netherlands

In policy analysis, studies on policy termination are rare. This article offers such a study. It presents the story of how, despite attempts by the government to terminate it, Dutch nature policy on ecological corridors continued to be implemented by regional governments and in the field. A case analysis is presented that integrates theories and insights not only from the termination literature but also from the literature on implementation. The different factors identified in the literature that enable or constrain implementation and termination have served as a basis for developing possible explanations of the case study. They cannot, however, serve as generic theories with predictive power. Policy termination as well as policy implementation are highly contextual processes and the question which factors will enable or constrain policy termination and implementation can only be answered on a case by case basis.