论民法对税收撤销权的限制

在税法与民法关系的宏观视野之下,基于对税收撤销权引起的价值冲突的合理判断,应当对税收撤销权进行极为严格的限制,以维护私法自治、保障交易安全、保护善意第三人的利益。这种限制体现在税收撤销权的解释、要件和效力等方面。     

试论宗教自由的规范构造--以联合国和我国相关文件为背景的分析

联合国和我国相关文件或条款不乏相通之处,对此,可以从语言和逻辑两个角度进行分析。宗教自由,从语言上讲,可以体现为确认、行使、限制和保证等条款;从逻辑上讲,则体现为意志自由和行为自由。而所谓“信仰自由”,可以说,更多是一种权利,而不是自由。在宗教自由的语言结构和逻辑结构之间,存在着某种对应关系。     

知情权的制度依托

权利的实现都依托于一定的具体的法律制度背景。知情权也镶嵌于一系列的相关制度中,我国知情权制度的建构,必须建立在这一系列制度的完善的基础之上。其中主要的包括:完善我国的人大公开制度;实现政府信息公开的法制化;发挥新闻媒体的重要作用,加速制定新闻自由法。     

人,一种追求意义的存在——弗兰克尔意义疗法述评

弗兰克尔意义疗法强调生活是有意义的;人有追求意义的意志;人有行使意义意志的自由。当这种追求意义的意志受到挫折时,有可能导致某种神经官能症。意义治疗就是要通过引导病人发现生活的意义达到治疗的目的。矛盾意向和去反思是意义治疗常用的技术。     

Collaboration as successful strategy against right-wing populism? The case of the centre-right coalition in Austria, 2000–2007

The article represents the first systematic study of the reactions of political parties and the media as well as national and transnational civil society actors to the rise and inclusion in government in 2000 of the Austrian right-wing populist Freedom Party (FPÖ). Specifically, it investigates the effectiveness of strategies aimed at ostracizing populist actors versus “defanging” them through incorporation in public office. The article finds that turning the FPÖ into a pariah has not been effective in moderating the party or curbing its success. Incorporation in public office has been more effective, however, leading to the near collapse of the FPÖ and the split of the party. Yet, the cause for such an outcome may be found less in the strategy itself by imposing some intrinsic mechanism of moderation but rather in the incompetence and inexperience of populist party politicians unfamiliar with public office. Exclusionary strategies have also the undesirable effect of playing into the narrative of populist actors of being persecuted by the political establishment thereby offering them another means of mobilization. The article concludes that the revival of the FPÖ shows that no strategy can yield lasting success unless the demand-side causes underlying radical right-wing populism are addressed.     

“新工人阶级”的法治生存之道

美国《时代》周刊把中国工人列为2009年度人物亚军,展示了中国工人的力量.在一个不断物质化以及“弱势群体”边缘化的社会,“把工人阶级带回分析的中心”有其理论和方法论意义.梳理工人阶级的历史变迁脉络,廓清“新工人阶级”的法治生存境况,把握作为“阶级”抑或“阶层”的工人群体的主体性及其内涵,是我们辨析其法律身份认同和共同意识的前提和基础.而要使他们真正回归“劳动者”,必须发掘其内在的力量,在法治的轨道上实现其结社自由和罢工权利.     

The securitization of democracy: Freedom House ratings of Russia

This article explores the claims of Russian officials that US assessments of economic and political developments in Russia, particularly those of Freedom House (FH), are excessively critical and often used to justify global dominance. To assess the validity of such claims, three different influences are considered: culture, power, and special interests. The article finds that all three, each with roots in the cold war, play a role in shaping assessments of Russia and help to explain why FH's analysis of Russia is more critical than the analysis of other organizations. The politics of special interests is found to be particularly influential and reflects the interests of US national security policies and priorities. Such priorities are also linked to a politics of memory derived from the cold war, which often influences perceptions of Russia as a threat rather than as a potential partner.     

Tiananmen as treated by the Christian Science Monitor

Focusing on one medium's specific responses to a specific news crisis, print coverage by the Christian Science Publishing Company on the Tiananmen Square incident is compared to that of the Boston Globe, Los Angeles Times, New York Times (Springfield, MA), Sunday Republican, Wall Street Journal, and Washington Post. The Christian Science Monitor, a newspaper internationally known for its objective, balanced reportage, is described and discussed, particularly regarding its pre‐ and post‐Tiananmen coverage. Its 185 articles beginning June 4, 1989, until a year later are delineated, along with the eight that appeared in the Christian Science Publishing Company's new monthly magazine, World Monitor. The argument is advanced that, despite major changes, the Monitor remains an invaluable media resource to both scholars and the lay public for unbiased reportage.     

Resurrecting the Dodo: Positive control DNA for species identification

Positive controls are necessary standards for inclusion in forensic tests. When working as expected they demonstrate that methods have been applied correctly, and therefore results can be interpreted with confidence. However, the requirement for positive controls can also introduce problems. For species identification in wildlife DNA forensic testing, it is possible that the DNA sequence of the case sample will be a 100% match to the positive control. Whilst clear results for negative controls will indicate that cross-contamination is unlikely, it would be preferable to have a positive control that will not appear in casework. In addition, for many endangered species, obtaining positive control DNA for species-specific testing can be problematic. Here we present a simple method to use artificially generated positive control DNA from the extinct Dodo, Raphus cucullatus, for four species-identification tests run routinely in UK wildlife forensic casework.     

Introduction to Kirchheimer

Mainly through examining an essay by Iris Marion Young on policy and treatment for pregnant drug users, I compare the feminist ethic of care with the ethics of Michel Foucault, which, I argue, are founded upon the value of freedom. I find several contradictions in Young's work. She criticizes universalization, but does not avoid it herself; she espouses the value of freedom, yet wants the other to conform to her own values. I argue that the problem lies in Young's liberal-humanist understanding of freedom and its relation to ethics. Foucault's understanding of freedom is a sounder base for an ethics, and this provides needed support for the concept of caring. It also yields new perspectives on social problems such as drugs.