论民事诉讼法与民事实体法的关系

目前有关民事诉讼法与民事实体法关系的问题已成为诉讼法理论界所关注的热点问题。长期以来，由于受到“重实体，轻程序”观念的影响，诉讼法一直被看作是实现实体法的形式和手段，因而诉讼法的工具价值被视其根本价值，忽视了诉讼法的内在价值。民事诉讼法与民事实体法既有区别，又有联系，相互依存，相辅相成，构成了统一的法律体系。     

对我国民事程序选择权的反思与建构

现代意义上的法治本质上是人类规制自我生活的一种方式和角度,它的成长离不开以人的价值及利益为核心的人文精神底蕴.因此,法治理念指导下的制度设计,应体现以人为本的价值取向.在民事诉讼中赋予当事人程序选择权,使当事人在法律规定的范围内能自主选择纠纷解决方式,以及在解决纠纷过程中选择相关事项,不仅有利于克服民事诉讼的局限性,实现民事诉讼程序所追求的各项价值,而且由于其体现了对当事人意志的尊重,更是包含着使法治得以成长的契机.     

When Do Issue Opinions Matter,and to Whom? The Determinants of Long‐Term Stability and Change in Party Choice in the 2003 Swiss Elections

While various studies have highlighted the short‐term importance of issue‐voting for party choice, little attention has so far been paid to its long‐term relevance. Relying on longitudinal data from the 2003 Swiss federal elections, we examine under what circumstances issue‐specific considerations affect stability and change in party choice. We postulate that the impact of issue‐specific considerations is likely to vary depending on a set of mediating factors. Analyzing four mechanisms of stability and change (reinforcement, activation, conversion, and demobilization), we find first that issues matter more when they are pressing, central, and polarizing. Furthermore, issue positions affect the vote more significantly for the parties that are more profiled on them. These results are in line with those on short‐term effects. However, they reveal a stronger influence of shifts in issue opinions in the long‐term than in the short‐term. Finally, we do not find any substantial variations in the effect of issue preferences across individual characteristics (political sophistication and party identification).     

The ‘New Right' Vote: An Analysis of the Gender Gap in the Vote Choice for the SVP

Studying the Swiss national elections 2003, we find a pronounced gender gap in the SVP vote ‐ women are significantly less likely to vote for this party than are men. In order to explain this gender gap, this article combines two innovative approaches. On the one hand, it links the literature on gender gaps with research on the New Right. On the other, it makes a distinction between the conditional and compositional effects of explanatory factors. Our analysis reveals that conditional effects are of greater relevance than compositional ones. Explanatory factors regularly applied in research on the New Right have a conditional effect inasmuch as they only have an effect on male voters, but cannot explain the behaviour of women. This, in turn, also highlights the importance of a gender‐specific focus for further research.     

Some Aspects of the Principle of " common="" butdifferentiated="" responsibilities""="

The principle of common but differentiated responsibilities, one of the key concepts of sustainable development, has dual grounding; the pressures developed countries place on the global environment; and the technologies and financial resources they command. Though the developed countries are reluctant to admit the first grounding, the developing countries have a strong leverage to induce the former to accept differentiated treatment in their favor.Thus, this principle has become to be reflected in some conventions in the field of environment and development. The reflection of this principle takes two forms: one is "double standards" in environmental protection standards as well as their implementation in favor of developing countries; and the other is assistance by developed countries for sustainable development of developing countries. At present, "double standards" seem to be inevitable, but, they must be temporary measures in view of the integral and interdependent nature of global environment. And, in order to overcome these "double standards", the attainment by developing countries of their sustainable development seems to be indispensable. In a substantial number of environmental conventions, developed country parties assume obligations to assist development country parties. However, these obligations are confirmed to "incremental costs" necessary for implementation of the convention concerned, and do not extent to assistance for sustainable development in general. Changing consumption and production patterns seems to be one of the most important aspects of the principle of common but differentiated responsibilities, since this concept takes issue, for the first time, with the pattern of development pursued by developed countries. However, this concept has much difficulties in translating into international legal terms.Though it may be difficult at present to characterize the principle of common but differentiated responsibilities to be a customary norm of international law, it is surely a basic principle of international law, and as such, may operate as a guiding principle for law-making, as well as for the interpretation and application of conventions in the field of environment and development.     

公司相互持股的法律问题探讨

两个或两个以上的公司,基于某种特定目的,互相持有对方公司发行的股份,称之为公司法人之间的相互持股。公司相互持股虽然在某种程度上可以促进规模经济的发展,但是它也会给现行法律带来许多制度构架和适用上的问题,涉及到公司法、证券法、反垄断法、税法、会计等诸多方面。世界各国或地区的法律大都对公司相互持股有所规制,以期尽可能减少公司相互持股对经济发展和法律制度的不利影响,而发挥其有利的一面。本文通过对我国现行立法的检讨,提出了对我国公司相互持股的立法完善之构思。     

论我国独立董事产生机制的重构

独立董事的产生机制是确保独立董事人格独立性与行权独立性的关键性环节 ,构造我国独立董事产生机制的核心是合法、合理、科学地抑制大股东的作用与影响。我国公司法应采用表决权回避制 ,完善独立董事卸任方面有关的法律规定     

Endogenous economic voting: evidence from the 1997 British election

Using panel surveys conducted in Great Britain before and after the 1997 general election, we examine the relationship between voting behavior and post-election economic perceptions. Drawing on psychological theories of attitude formation, we argue that those who voted for Labour and the Liberal Democrats perceived the past state of the British economy under the Tory government more negatively than they had prior to casting their ballot in the 1997 election. Similarly, we posit that Labour supporters would view the future state of the national economy under Labour more positively than they had before the election. This indicates that, contrary to many assumptions in the economic voting literature, voting behavior influences evaluations of the economy as voters seek to reduce inconsistencies between their vote choice and evaluations of the economy by bringing their attitudes in line with the vote they cast in the election. It also means that voters’ post-election economic perceptions are, at least in part, influenced by and thus endogenous to their vote choice. This finding has two major implications: first, cross-sectional models of economic voting are likely to overestimate the effect of economic perceptions on the vote. Second, the endogeneity of economic perceptions may compromise the quality of economic voting as a mechanism for democratic accountability.     

Explaining the ‘quiet earthquake’: voting behaviour in the first election to the National Assembly for Wales

This paper examines voting behaviour in the inaugural election to the National Assembly for Wales (NAW), held in May 1999. We address two questions: (i) why did the election produce a ‘quiet earthquake’ in Welsh electoral politics, with the nationalist Plaid Cymru denying the Labour party their expected majority in the Assembly?; and (ii) what broader lessons does this case-study offer for the study of elections in the UK under devolution? Drawing on data from the Welsh National Assembly Election Study, we find that while some features of second-order election theories, such as lower turnout and a lower vote share for the governing party were manifest, contrary to the predictions of such theories the surge in electoral support for Plaid was largely prompted by Welsh-specific factors rather than UK-wide ones. The findings are argued to indicate limits to the applicability of second-order approaches to the study of devolved elections in the UK.