论行政诉讼中利害关系人的原告资格——以两案为例

在行政诉讼的原告资格中,利害关系人的原告资格是一个较为复杂的问题,我国司法解释赋予与具体行政行为有法律上利害关系的人以原告资格,但如何理解与认定法律上的利害关系,在理论与实践中均存纷争。值《行政诉讼法》酝酿修改之际,对法律上利害关系的内涵、决定利害关系人原告资格的核心要素及利害关系人原告资格的认定等问题重新进行梳理与分析,具有实际意义。     

A chance for a breakthrough in Russo-Japanese relations: will the logic of great power relations prevail?

Under Mori Yoshiro the Japanese government energetically pursued Russia's new leader, Vladimir Putin. Progress was achieved, as Putin recognized the 1956 treaty in which Moscow pledged to return two islands. From the summer of 2000, however, a backlash could be detected. The architects of the initiative not only failed to make their case to Japanese politicians, but also became the object of two years of attacks, leading to Suzuki Muneo's ouster from the LDP and arrest and to Togo Kazuhiko being fired as ambasador to The Netherlands. Under Koizumi Junichiro Japan lost interest, while the media feasted on the image of foreign policy being hijacked. Lost in the media frenzy and setback to relations was the case for why Tokyo and Moscow need each other as great power partners in the face of rising Chinese power and overwhelming US power. Since both parties sided with the US war against terror, the logic of cooperation has become clearer. A general outline for an interim agreement is well understood on both sides, but a breakthrough is unlikely soon.     

Uncertain allies or uncomfortable neighbors? Making sense of China–North Korea Relations, 1949–2010

Abstract

This study is based upon two premises: (1) the available literature, though voluminous, fails to provide systematic understandings of the complex and evolving relations between China and North Korea; and (2) China and North Korea had been short of being trusted allies bound in blood and belief even before the launch of post-Mao reforms and the normalization of Beijing–Seoul relations. This article dissects this curious relationship into four questions: (1) What does history inform us about China's relations with (North) Korea? (2) Has China communicated effectively with North Korea? (3) Have China and North Korea been ‘trusted allies’? (4) How effective has China been in inducing North Korea to comply with its demands over the years? The authors argue that, geo-strategically, China can hardly afford to put North Korea in an adversarial position. Furthermore, residues of the Factional Incident of 1956 and North Korea's deep-rooted suspicion of China still linger on. These have been the sources of Beijing's dilemma in consistently opting for ‘soft’ measures despite that North Korea's provocative acts and nuclear weapons programs have negatively affected China's interests. From the outset, China and North Korea had been more uncertain allies who had to cooperate with each other under the ideological and geopolitical imperatives of the difficult times. The authors also suggest that it would be misleading to put Sino–North Korean dynamics in a usual category of big power–small nation relations where power asymmetry generally works against the latter. North Korea has undoubtedly been an atypical ‘small nation’. It is due to these limitations that China's pressurizing has not been always effective and that Beijing's reactions have been continuously cyclical. This cyclical trend is not likely to be broken since the upcoming drama of Sino–American rivalry is bound to close the window of such opportunities for China, which will nevertheless regard North Korea increasingly as a liability, if not uncomfortable neighbor.     

Common cents: situating money in time and place

This article addresses the issue of how the market and the non-market are to be understood especially by concentrating on the theory of money. For mainstream economics, the market is simply an institution facilitating exchange, money being the key instrument for alleviating the inefficiencies of barter. In contrast, recent work in other social sciences, such as that by Zelizer, distinguishes among markets, and various roles of money, depending on cultural and social content. While being sympathetic to such an approach, we claim that the commodity is a better analytical starting point than the market. Based on Marx's work, we then show what commodities have in common and establish a common essence for money as generalized purchasing power. This is a peculiarly bland essence that allows money to undertake the variety of social roles identified by Zelizer.     

Informal institutions and foreign investment in China

During the reform era, China has been very successful in attracting foreign direct investment (FDI) for its economic development. That this has taken place despite a rather weak legal system in China challenges conventional institutional theories, which emphasize the centrality of effective state institutions to economic development and international cooperation. This article suggests that the solution to the puzzle lies in the informal institutions underlying FDI development in China. On the basis of extensive interviews in the mid- and late 1990s, I find that networks of personal connections (guanxi), which are pervasive in Chinese society, have played a major role in facilitating FDI flows to China. They have done so by complementing and compensating for the weak Chinese legal system. This article dispels a number of misconceptions about the nature of guanxi, discusses its relationship with friendship, bribery, and social capital, and analyzes the conditions underlying the transnationalization of guanxi networks. It concludes with some important caveats to the major thesis and a discussion of possible future scenarios of institutional development in China.     

ASEAN and the Asian crisis: theoretical implications and practical consequences for Southeast Asian regionalism

The following article joins the debate about the theoretical and empirical implications of the Asian crisis on Southeast Asian regionalism. It argues that the realist-institutionalist dichotomy does not provide a fruitful framework of analysis. ASEAN policies are characterized by a policy mix, albeit one that is influenced by a strong dose of realism - a tendency that has been exacerbated by the Asian crisis. The crisis has thrown ASEAN's collective identity into deep disarray - and thus also questions constructivist approaches. Departing from these theoretical issues the article traces ASEAN responses to the crisis in three key areas: economic cooperation, enlargement and values. The article concludes with a few lessons for regionalism which may be derived from the Asian crisis.     

European–Mediterranean Security and the Arab Spring: Changes and Challenges

The policy of the European Union (EU) toward the Mediterranean has undergone two main metamorphoses during the last 25 years. In 1995, it started from a collective security idea with the Barcelona Process, but due to the poor success of this collective approach, it underwent a “realist turn” with the creation of the European Neighbourhood Policy in 2004. The Arab Spring in 2011, by questioning authoritarianism, influenced the perception of what is recognized as a security problem and who can define it. The authoritarian rulers and their supporting security forces are now challenged by their populations, and societal circumstances are so unstable that nearly every domestic problem can be politically given a spin to become a security risk. Aside from this, violent conflicts and civil wars demand an answer from the EU. In this situation, the EU's answer to the Arab Spring does not directly respond to the changing security situation in the Mediterranean. It emphasizes domestic democracy and civil society but does not take up the potential risk discourses. Concerning violent conflicts, the EU as a community is not at all active in the region but leaves this field to its member states, NATO, the Arab League, and the United Nations. Thus, the perceptions, ideas, and needs of Mediterranean security between the EU and the Southern partner states still differ harshly and seem to disregard the risk dimension of the Mediterranean security problems in this period of Arab transition.     

中国对六方会谈的战略思考及演变

20世纪90年代中期以后,中国开始积极利用多边安全合作维护自身的利益。为了解决朝核危机,中国促成了六方会谈,并在会谈中发挥了建设性作用。和平解决朝核问题、维护国家安全以及通过会谈改善中美关系是中国的重要战略思考。提高国际形象以及推动朝核六方会谈向机制化方向发展也是中国的长远考虑。因六方会谈的长期中断和国际形势的变化,中国的基本战略思考也发生了微妙的演变,即中国希望朝核六方会谈的机能向一般意义上的安全对话平台方向扩展。另外,通过推动重启六方会谈的实际行动,表露了半岛危机必须和平解决的立场,借以维护朝鲜体制安定,同时也表现了愿与美国协作、和平解决地区安全问题的态度,以避免新的冷战出现。     

Notes on contributors

In the Kosovo crisis, Germany for the first time since 1955 joined NATO military combat operations in a major way. While this has often been interpreted as a fundamental major departure ('normalisation') in Germany's post‐war foreign policy, this article argues that Germany's willingness to contemplate joining a NATO war even without a mandate by the UN Security Council represents an evolution, rather than a fundamental change in Germany's foreign policy orientation. This evolution can be explained best as a logical and consistent response of Germany's foreign policy identity which reconciled, through modification, its traditional post war foreign policy identity as a ‘civilian power’ to a radically different security environment.     

移民政治认同对国家关系的影响——以东南亚一些国家为例

本文拟用政治学理论,以冷战时期的新加坡、印尼和缅甸等国为例,从移民政治认同、移民政治认同的建构入手,探讨移民政治认同对国家关系的影响。笔者认为,移民的政治认同,如同移民的文化认同一样,如果处理得不好,不能顺着时代的发展而有所变迁,不仅会给移民的生存和发展带来困难,而且也会引起国家之间的紧张,以致国家关系的破裂。