理论内涵与规范功能——民法典法人定义之解析与建议

法人定义涵纳了法人本质、团体性特征等重要理论问题,并具有标示立法政策、提供法人判断标准等规范功能。民法典应摒弃传统法人定义,修正发展“有机体说”作为法人本质理论,将法人“团体性”定位为“人与财产的有机结合体”,以“权利能力”揭示法人人格的伦理和法技术基础,并以新法人定义确立法人登记的同时辅之司法确认审查法人资格的新机制。     

Capacity builders for governance: community-driven reconstruction in the eastern Democratic Republic of Congo

Community-driven reconstruction (CDR) has become a new paradigm in post-conflict development. It combines infrastructure restoration with introducing good governance at the local level. Recent evaluations show that governance objectives are not easily met and significant change cannot be demonstrated. This paper adds to this argument on the basis of ethnographic research on a CDR programme in eastern DRC. It seeks to find explanations for the lack of demonstrable governance impact in the content and implementation of training. It identifies room for improvement by better adjusting capacity building to locally prevailing accountability mechanisms and by coordinating capacity building with other development programmes.     

From compliant to capable: balanced capacity development for local organisations

How to strengthen local capacity through donor-funded projects remains opaque. Using the European Centre for Development Policy Management's core capabilities model to examine a project engaging local organisations, we identify capabilities differentiating performance and gains from project participation. The studied organisations were often weak in capabilities important for successfully working with local governments. Some strengthened capacity, but improvements were concentrated in capabilities related to complying with donors’ requirements rather than capabilities enhancing performance. We question assumptions underlying programme designs based on Organisation for Economic Co-operation and Development's donor-country cooperation principles, and offer suggestions for balancing capacity gains to sustain independent local organisations.     

A praxis-based global ethical discourse on development and women

This article explores a praxis-based moral approach to the study of development and women. Drawing upon an illustrative case-study of Ankur Kala – a non-governmental organisation devoted to the development of destitute women in Kolkata, India – the article shows how studying actual development practices on the ground generates valuable insights without which our ethical understanding of women's development globally would be incomplete.     

Fostering agency and wellbeing in women: an evaluation of the IMAGINE Initiative

There is growing evidence that fostering individual agency for women is important for effective economic development and well-being. This article assesses the outcomes of the IMAGINE Initiative in Kenya, a programme intended to empower individuals through a four-day interactive workshop. Routine de-identified programme data from 213 individuals who applied to participate were used. Data included socio-demographic measures, psychometric scales, and interviews of changes in education, health, economics, and relationships. Programmatic data showed significant changes in the level of intrinsic motivation and agency for those who underwent the training and as well as substantial behavioural changes in core areas of their lives.     

One village one product: evaluations and lessons learnt from OVOP aid projects

The One Village One Product project that originated in Japan's Oita Prefecture is just one component of many official Japanese development assistance projects aiming to promote rural development in more than 30 countries. Not all efforts, however, result in the same level of sustainability. Oita Prefecture built its movement on three principles: local yet global, self-reliance and creativity, and human resources development. The projects that satisfy these principles are generally found to be sustainable. These principles can also be applicable to overseas projects.     

提升广告信息的传播力

广告是信息传播的艺术,是说服的艺术。广告主一掷千金地通过广告来传播其商品的信息、树立品牌形象,其推销商品、提升品牌价值的目的是不言自明的。因而从媒种意义上讲,广告是更注重实效的,即广告信息的传播效果,通俗意义上说,也就是广告信息的传播为企业带来的后续效益,是广告     

能力建设：应当重视的一个新的时代性课题

1978年以来,中国的社会图景发生了整体性的转变,这种转变把“能力建设及其对当代中国发展的意义”这一新的时代课题推到了前台。这就要求我们必须专门、全面和深入地研究能力、能力建设、能力建设的目标与方式、能力建设对当代中国发展的重大意义等问题,以及创立能力建设理论,并以这一理论为指导,围绕能力建设,从规律性上探索当代中国的发展理念、发展思路、发展途径、发展空间、发展力量、发展机遇和发展经验。     

The good,the bad,and the ‘vulnerable older adult’

Recent declarations by the Court of Appeal indicate that the inherent jurisdiction has survived the implementation of the Mental Capacity Act 2005 for adults considered ‘vulnerable’ and whose decision-making is threatened by reasons other than mental impairment – such occasions may include instances of elder abuse. In this paper I argue, however, that the post-Mental Capacity Act courts have adopted a confused and outmoded concept of the vulnerable older adult, in particular where decision-making is threatened by abusive interpersonal relationships experienced by an older individual. This has particular implications in terms of the types of remedies imposed by the courts on older adults in such circumstances. In this article I suggest that by being more cognisant of recent more nuanced understandings of vulnerability, the courts may be better suited to identifying, and responding to perceived sources of vulnerability in a way that is more empowering for the older adult.     

Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005

The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial matters. Little research has however been done to determine the degree to which these are actually implemented, and the approach to such advance planning by service users and professionals. This paper looks at the use of advance planning by people with bipolar disorder, using qualitative and quantitative surveys both of people with bipolar disorder and psychiatrists. The study finds that the mechanisms are under-used in this group, despite official policy in support of them, largely because of a lack of knowledge about them among service users, and there is considerable confusion among service users and professionals alike as to how the mechanisms operate. Recording is at best inconsistent, raising questions as to whether the mechanisms will be followed.