国际民商事交往中不当得利之债法律适用问题研究

由于世界各国关于不当得利的法律制度不尽相同,国际民商事交往中不当得利的法律冲突问题日益突出。为保证支配不当得利之债的准据法与当事人的意愿相一致或有最密切的联系,并最大限度地减小因识别或定性不同而带来的难题,不当得利准据法应依序设计为：不当得利起因于合同时,适用该合同的准据法;起因于其他法律关系时,适用调整该法律关系的法律;起因于不动产交易时,适用不动产所在地法;在其他情况下产生,则其准据法为利益发生地所在国的法律。     

文化产品、版权保护与贸易规则

Cultural products are commodities with cultural contents, which are neither equivalent to cultural relics nor ordinary articles. Such dual natures bring forth divergences in trade policy, mandating the generality and particularity of trade rules. The WTO rules lay more emphases on free trade while the United Nations Educational, Scientific and Cultural Organization put more stress on the free exchange and diversity of cultures. Nations enjoy cultural sovereignty over their cultural policies and administrative measures. The rules of intellectual property rights also influence trade in cultural products. To develop trade in cultural products, science and technologies shall be employed to create diversified and competitive products of distinct cultural values. Han Liyu, Ph.D, is an associate professor of law, and director of International Law Teaching and Research at Renmin University of China, Vice Secretary-General of WTO Section in China Law Society, and member of China’s International Economic Law Society. Mr. Han teaches and does research on international economic law and WTO law, publishing several monographs and articles on the US trade law and the WTO law. For many times, Mr. Han did research as visiting scholar in American universities and UNIDROIT. Mr. Han got a post-graduate diploma in Common Law from Hong Kong University.     

实习规章制度现状与重构论略

实习规章制度相比于一般的规章制度更具稀缺性,这既不利于规范实习关系,也不利于保障与救济实习学生的正当权益.我国目前实习规章制度"备案或报批"程序严重缺失,实习规章制度的内容常常"内嵌"于其他制度之中,并且非常抽象,与劳动规章制度之明确性原则相悖;内容设置偏重义务而忽略了权利,关于实习薪酬、实习保险、实习考核评估和实习争...     

关于规则的法哲学思考

本文站在法哲学的高度,对规则理念进行了深入思考。揭示了规则的本质属性,对国人对规则的态度进行了深刘的检讨,指出了对规则应有的正确态度,对于更好的遵守规则具有指导意义。     

我国企业境外知识产权应用与保护策略研究

目前,我国企业国内知识产权应用与保护体系已经基本建立,但我国有关企业境外知识产权的应用与保护制度还存在很多问题。这些问题的解决需要我国政府与企业的共同努力,我国政府应该加强境外知识产权应用与保护教育及完善立法,企业应该在灵活运用国际知识产权规则的同时积极实施企业知识产权战略。     

Candidate-centric systems and the politicization of ethnicity: evidence from Indonesia

When and why do electoral candidates politicize ethnicity? From the literature, we might expect this behaviour to occur during democratic transitions or under proportional rules. However, empirical support for these arguments is mixed. This article presents a new approach, arguing that candidate-centric rules offer candidates incentives to politicize ethnicity. The argument is tested in Indonesia with empirical evidence drawn from coding newspaper reports on campaign events, endorsements and group appeals. Indonesia used party-centric rules from 1997 to 2004, and even though the country democratized during this period, the politicization of ethnicity actually declined. I show how party-centric rules, coupled with a national economic crisis, encouraged candidates to campaign on broad national platforms of reform and development, thereby appealing to the poor rather than to ethnic groups. Between 2004 and 2009, the system became more candidate-centric and the politicization of ethnicity increased. I argue that changes in the system freed candidates from national party platforms and motivated them to campaign on their local connections with ethnic groups. This study is particularly pertinent amidst the push for direct candidate-centric elections in the developing world and the lack of literature on how such rules could affect ethnic politics.     

Do electoral rules have an effect on electoral behaviour? An impact assessment

Abstract

Electoral democracies worldwide are all organised around elections but the rules under which the elections are organised differ greatly from one country to another. These electoral rules, such as whether voting is compulsory or what electoral system is used, are thought of as strongly affecting voters’ behaviour and the choices they make. If electoral rules indeed shape citizens’ electoral behaviour, the implication is that theories of what explains voters’ choices are country-specific as well. This is in sharp contrast to the idea that theories of electoral behaviour are generalisable. This special issue tackles this question and offers an assessment of the impact of electoral rules on voters’ behaviour, on the one hand, and the generalisability of individual-level theories of voting behaviour, on the other. The collection of papers furthermore offers an important contribution in terms of the kind of electoral rules that are scrutinised, with several papers focusing on the little-investigated phenomenon of preferential voting.     

Do people want a ‘fairer’ electoral system? An experimental study in four countries

When judging how ‘fair’ voting rules are, a fundamental criterion used by both scholars and politicians is their ability or inability to produce proportional results – that is, the extent parties’ seat distribution after the elections accurately reflects their vote shares. How about citizens? Do citizens care about how proportional the outcome is? Or do they judge the outcome solely on the basis of how well (or poorly) their party performed? Taking advantage of a uniquely designed survey experiment, this article investigates the causal effect of proportionality on voter support for voting rules in four countries: Austria, England, Ireland and Sweden. The results show that proportionality drives support for the voting rules not above, but beyond party performance. There is little cross-country variation, which suggests that proportionality is appreciated in different contexts with little status quo bias. These findings have important implications for our understanding of the causal mechanisms linking electoral rules to voter support.     

关于城市道路交叉口公交优先方法的研究

随着城市机动车数量的日益增多,城市道路渐进饱和、道路交通流不断增大,城市公交车的通行也受到很大阻碍。文章基于公交优先的理念,结合大连市道路状况,针对交叉口处的公交优先问题,从静态控制和动态控制两方面提出一些解决办法,其中包括：公交优先的车速设计、交叉口的车道设置、公交优先信号控制、港湾车站设置等。通过这些方法,在一定程度上可以缓解交叉口的拥堵状况,公交车的通行相对通畅。