混合共同担保人相互间无追偿权论

同一个债权被数个担保措施保障,应当区分情况而定担保人相互间是否享有追偿权:在共同保证、共同抵押的场合可存在追偿权,在混合共同担保关系中,物上担保人之间、物上担保人与保证人相互间不应享有追偿权,除非当事人之间另有约定或法律另有规定。反对此说者,在解释论层面不合中国现行法及法理,在立法论层面不宜被采纳,因其未能证成担保人相互间存在着各项义务间具有内在联系的共同关系,利益衡量时未能全面而平等地照顾到担保人的全体,不当地限制了意思自治原则作用的发挥,未把债的相对性和自己责任等原则及规则纳入权衡因素,将目光局限于单一的交易关系,忽视了系列交易、一组交易中各个子交易之间环环相扣、处处衔接的特殊安排。其所谓公平理念及标准以及当事人预期,明显带有解释者的主观偏好,似不中立。至于将降低交易成本作为混合共同担保人相互间享有追偿权的根据,更是偏离了路径。     

The trap of pop-charisma for the institutionalization of Indonesia's post-Suharto parties

This article investigates how the Indonesian party system has created parties that increasingly rely on charisma for support and votes. Initially associated with divinely bestowed qualities, the concept of charisma has evolved to emphasize popularity and recognizability instead. In Indonesia, this tendency has combined with direct elections to distract parties from their ideal functions of developing platforms and programmes. Instead, parties have sought to pick and choose candidates that are popular to front their campaign. This has contributed to the formation of dysfunctional parties that are opportunistic, corrupt, and rent-seeking. As Indonesian parties continue their struggle to prove themselves by relying on the ephemeral attraction of personal charisma, the resultant incapacity to develop solid organization will continue to be a crippling trap for them.     

私人主体参与全球行政法

在全球化环境下,除了国家、正在争取独立的民族以及国家间的国际组织,越来越多的私人主体直接参与到超国家行政关系中来,成为全球行政法的主体。"全球行政法"被定义为包括那些促进或以其他方式影响全球行政机构问责性,特别是确保其达到透明度、参与性、合理决策和合法性方面的充分标准以及对其形成的规则和决定提供有效审查的机制、原则、惯例和支持性的社会认同。从全球行政法形成的三个阶段可以清晰看出,传统二元性法律理论与全球行政法发展之间的联系,进而明晰私人主体是如何一步步迈向全球行政法,成为全球行政法主体。在当前的环境下,私人主体参与全球行政法也面临一些困境,需要逐步解决。     

Junior coalition parties in the British context: Explaining the Liberal Democrat collapse at the 2015 general election

The Liberal Democrats’ performance in the 2015 general election provides an opportunity to examine the only case in the post-war period of a national junior coalition partner in British politics. Comparative research highlights competence, trust and leadership as three key challenges facing junior coalition parties. This article uses British Election Study data to show that the Liberal Democrats failed to convince the electorate on all three counts. The article also uses constituency-level data to examine the continued benefits of incumbency to the party and the impact of constituency campaigning. It finds that while the incumbency advantage remained for the Liberal Democrats, it was ultimately unable to mitigate the much larger national collapse.     

Austerity and niche parties: The electoral consequences of fiscal reforms

Austerity policies — policies of sharp reductions of a government's budget deficint involving spending cuts and tax increases — are claimed to boost support for radical political parties. We argue, counter to popular claims, that austerity measures actually reduce support for radical and niche parties. Austerity policies force traditional left-right politics to the forefront of political debate with the traditional mainstream parties having a stronger ownership over those issues. We systematically explore the impact of austerity measures on the electoral fortunes of niche parties in 16 developed countries over a 35-year period, while controlling for a number of socio-economic variables. We find that austerity policies that rely on tax increases affect radical parties on the left and the right in different ways than fiscal adjustments based on spending cuts.     

To Care and Protect: Care Workers Confronting Sweden Democrats in their Workplace

Austerity policies across European countries have encountered diverse forms of public protest and resistance. In Sweden, we have seen the emergence of a number of networks and organizations which take care workers’ professional identity as their point of departure. These networks and organizations stress the impossibility of being professional care workers in slimmed-down, neoliberal organizations. Parallel to this, and sometimes embedded into one another, female-dominated professions (e.g. social workers, nurses, doctors, and teachers) have been engaged in opposing restrictive refugee policies. This article analyses how care workers in an emergency room in Malmö mobilized against a visit by Jimmie Åkesson, leader of the right-wing, xenophobic Sweden Democrats. The article explores how workers used a gendered discourse of care and professionalism to argue that their actions were consistent with both organizational culture and their professional ethics. The article shows how, by defending their professional role of providing quality care to all in need, workers challenge both austerity and racist policies, which both impose restrictions on who has the right to care. Theoretically, the article explores how the politicization of care creates spaces of resistance, to critique both austerity policies and exclusionary understandings of national belonging. The study stresses the importance of identifying emerging forms of collective resistance among care workers at the intersection of the struggles against austerity and right-wing xenophobic parties.     

What is your gender? Gender and participation in Attac-Italy

Since gender disparities do not appear to be confined within the political system, I assume a gender perspective within social movements. In order to better understand the relations between the social movements and gender issues, I analysed the case of the Association for the Taxation of Financial Transactions and Aid to Citizens (Attac) in Italy. Attac is an international network of sibling organizations. The Italian branch has been described as a political/cultural association which is based on previous cultural/political backgrounds of militants. Accordingly, I supposed that these cultural/political backgrounds have affected the present organization and its forms of participation. Structural information on participation in parties and trade unions proves that Attac has a strong linkage to the Italian left-wing, while the relations between gender, participation and power have been investigated in the fieldwork. Yet, certain dynamics of inequity and the risk of reproducing models learned elsewhere, which also replicate gender exclusion in those associations which lie halfway between civil society and political parties, have been discussed for gender and participation in the contradictory age of globalization.     

Distinguishing territorial structure from electoral adventurism: The distinct sources of static and dynamic nationalization

Estimates of static nationalization do not always reflect stark qualitative differences between parties. We use a research design oriented around a comparison of sharply different parties—the unstable Democratic Left in Ecuador and the stable Broad Front in Uruguay—to develop the distinctiveness of static and dynamic nationalization. Snapshot measures that only consider a single election suggest that both parties are poorly statically nationalized; but we show that the former case is highly statically nationalized, and that the observed territorial differences arise because it is poorly dynamically nationalized. We adopt the linear mixed modeling approach to reduce the bias in extant estimators. The approach is also informative about the sources of variance in a party's territorial support: relatively stable district attributes account for static nationalization, while features unique to the electoral cycle account for dynamic nationalization. Substantively, our study alters conclusions about parties operating in highly unstable electoral contexts.     

The Seat Product Model of the effective number of parties: A case for applied political science

This paper extends Taagepera's (2007) Seat Product Model and shows that the effective number of seat-wining parties and vote winning parties can both be predicted with institutional variables alone, namely district magnitude, assembly size, and upper-tier seat share. The expected coefficients are remarkably stable across different samples. Including the further information of ethnic diversity in the models hardly improves the estimate of the effective number of parties, and thus the institutions-only models are preferable on the grounds of parsimony and the applicability to electoral-system design or “engineering”.     

海峡两岸刑事附带民事诉讼制度比较研究--兼论大陆附带民事诉讼制度之完善

中国大陆刑事附带民事诉讼在实践操作中存在较多的问题,而通过与台湾地区相关立法就刑事附带民事诉讼立法状况、当事人、范围、法律适用、裁判等方面进行比较,可以看出大陆立法之不足是主要原因.本文期望能从此比较分析中得出对即将修改的大陆刑事诉讼法的相关启示.