我国融通票据制度建构论略

融通票据制度具有着票据保证所不可替代的功能,我国应尽快确立融通票据制度,但是需要妥善处理其与既有制度之间的关系,以恶意抗辩为例,在融通票据制度构建中,可能需要修改或者重新解释既有的票据恶意抗辩制度。     

On Liberalism’s Religion

ABSTRACT

This chapter addresses two crucial issues raised by Laborde’s superb Liberalism’s Religion. The first pertains to where the liberal democratic modern state draws the line between the self-governing prerogatives of religious nomos communities and their regulation by the civil law; the second pertains to the prerogative of the state to do the relevant line drawing. Theorists concerned with religious freedom focus on the first set of questions under the rubric of ‘accommodation.’ The issue is unfair discrimination. I focus on Laborde’s approach to the second. This is again an important issue due to the recent revival of jurisdictional political pluralism: an approach that challenges the supremacy of the civil law and of the authority of the sovereign state over domestic religious authorities. I suggest more work must be done to parry those challenges.     

Deserving Shelter: Conditional Access to Accommodation for Rejected Asylum Seekers in Austria,the Netherlands,and Sweden

Abstract

Limitations in access to welfare services for noncitizens of a host country are structured through conditional entitlements, which require benefit claimants to meet certain conditions to access welfare services. This article explores the conditions and regulations determining access to state-organized accommodation facilities for non-removed rejected asylum seekers in Austria, the Netherlands, and Sweden and the way in which these conditions are implemented. Based on qualitative interviews with stakeholders and analysis of policy documents, I argue that qualities of deservingness, such as vulnerability and performance, determine noncitizens’ access to state-provided accommodation, which strengthens the logic of migration control.     

传统知识持有人权利限制规则构建研究——以中医药法为契机

《中医药法》通过构建"持有人"这一特殊民事主体概念,赋予持有人传承使用、知情同意和利益分享等权利。遵循IGC"保护传统知识"议题中对于传统知识保护的例外和权利限制理念,通过界定商业性使用行为,以及借鉴著作权转换性合理使用制度构建中医药传统知识商业性合理使用的权利限制规则,为建立中医药传统知识持有人专有权利保护制度奠定法理基础。     

论劳动教养制度的废除——从收容对象的历史和现状考察

从劳动教养收容对象的历史和现状来考察，劳动教养在特定的时期有特定的效用。随着《禁毒法》的实施，劳教收容的数量急剧下降，劳动教养制度已经完成其历史任务，废除劳动教养制度不会导致治安的恶化，废除时机已经成熟。     

Political party and party system institutionalization in Southeast Asia: lessons for democratic consolidation in Indonesia,the Philippines and Thailand

Abstract

This article analyses the Kim Dae-jung government's industrial realignment (‘Big Deals’) policy in post-crisis Korea, which offers a valuable insight into the state's role in managing the transition from a developmental state to a free-market economy and into the changing nature of government–business relations. Although Kim was committed to creating a free-market economy in Korea, as the ‘Big Deals’ got under way critics accused him of violating market principles and employing tactics of intervention and coercion used by previous authoritarian regimes. The ‘Big Deals’ experience suggests a further stage in the evolution of the Korean developmental state; the dismantling of state powers and the implementation of neoliberal reforms in the 1990s had led to the emergence of a ‘transformative state’ in which the state acted as ‘senior partner’ rather than ‘commander-in-chief’. The transitional state charged with the task of rebuilding the economy after 1997 regained some of its lost powers and used some familiar methods of achieving its ends. However, it also demonstrated by the nature and scope of its interventions that it was gradually evolving and adapting to meet the changing economic environment. Although Kim's actions prompted allegations from the chaebol and their conservative allies of a return to autocratic economic management by the government, it was clear that the developmental state had not been resurrected. Rather, these criticisms serve to highlight the continuing antagonism in the state–business relationship; neither side had developed new strategies for dealing with each other and their relations were still characterized by mutual mistrust and staunch chaebol resistance to key reforms demanded by the government. Although suspicions of a permanent return to extensive state intervention were unfounded, they nevertheless diminished the prospects for the creation of a cooperative relationship between the state and big business that would be a crucial factor in revitalizing the Korean economy.     

‘A Pre-eminent Right to Political Rule’:1 Indigenous Fijian Power and Multi-ethnic Nation Building

Abstract

The indigenous Fijian conviction of entitlement to political power was encouraged by their privileged position in the colonial state and their marginalisation in the modern economy. The development of a cohesive nation state has been impeded by ongoing conflict between two political imperatives: indigenous nationalism and the need to shape a system of political representation and government accommodating the interests of the non-indigenous citizens, primarily the Indians, who together number over 40% of the population. This paper traces the course of that conflict from the commencement of decolonisation in the early 1960s to the political instability arising from strengthened ethno-nationalism and military intervention since 1987.     

Brazilian Parliament and digital engagement

ABSTRACT

This paper examines how new technologies are employed by the Brazilian Chamber of Deputies to stimulate experiences of digital engagement. It also evaluates how new technologies are put in practice by the institution, considering its potentialities and limitations in mediating the relationship between the parliament and the citizens. This analysis is anchored in concepts put forth by Polsby about arena parliaments and transformative parliaments, in order to evaluate which of these models of engagement tools have greater potential. The study concludes that the use of digital technologies by the Brazilian Parliament is very diverse, with a variety of tools that allow for the interaction and engagement of citizens, although these tools have the greatest potential for the arena parliament model.     

Telangana and the politics of State formation in India: Recognition and accommodation in a multinational federation

This article examines the politics of State formation in India by taking up the case of Telangana. Drawing from the emerging literature on the politics of recognition and territorial accommodation in multinational federations, I argue that territorial accommodation of Telangana was made possible by the convergence of strategic interests and role of multiple actors to recognize Telangana’s distinctive territorial identity and accommodate its Statehood demand when an opportune ‘political opportunity structure’ emerged in the late 1990s till 2014. It extends the insights of ‘actor-centred’ institutionalism and contributes to an emerging literature which emphasizes the ‘multi-centred origins’ of border change and State formation in India in particular, and in multinational federations in general. By underscoring State formation as a complex process, this article cautions against a simplistic reading of the politics of State formation in India as an act of one-upmanship whereby the Centre can unilaterally make or break State borders.