完善保险代理制度的法律思考

本文认为保险代理实践中出现的诸多问题,其原因是多样的,而保险代理法律制度的滞后和缺陷则为主要原因。因此,建议完善我国现行的保险代理制度,包括：完善保险代理人资格授予制度;重新界定各类保险代理人的业务范围;规范保险代理实践中的竞争行为;健全保险代理人监管机制等。     

关于我国基层检察室制度设计的思考

常设于乡镇、街道社区等的基层检察室,是一级检察组织的派出单位,肩负着延伸人民检察院的法律监督职能,服务基层司法的作用。但我国现行基层检察室运作过程中存在法律定位不明晰、职能定位不明确、队伍建设不重视等问题,亟待解决。     

检察机关在民事诉讼中法律地位之探讨

检察机关在民事诉讼中的法律地位问题悬而不决,使民事检察工作长期以来总是处于尴尬的境地。因此,如何确定检察机关在民事诉讼中的法律地位问题,成为民事检察监督研究的重点问题,这一问题既是理论问题,又是立法及司法实践亟待解决的问题。     

Abortion and gender relationships in Ukraine, 1955–1970

This article examines the sociocultural conditions underpinning the so-called ‘abortion culture’ in Soviet Ukraine. Unlike previous studies on abortion in the Soviet Union which have primarily used country-level data, this study employs original sources – in-depth biographical interviews and archival materials – to investigate local conditions and the manner in which decisions regarding abortion were made. The author studied couples whose reproductive years comprise the period from 1955 to 1970, when modern contraceptives were not readily available but abortion was legal. Two localities in Ukraine – the cities of Lviv and Kharkiv – are included in the investigation. The findings suggest that local patriarchal gender regimes and their associated spousal dynamics defined when and how women exercised their agency in birth control and abortion decisions. In couples where spouses communicated about birth control and abortion decisions, the women sought less abortions. These women did not feel a need to exercise their agency, as the husband took over both responsibilities. When abortion was practised as a routine family-size-limitation method, spouses did not communicate about birth control and abortion, and the two were practised solely as a husband's and wife's responsibility, respectively. These women sought abortions to fulfil their own goals and, at the same time, to maintain the dominant patriarchal order in marital relationships as they understood it. Additionally, peer networks seemed to be the crucial element reinforcing women's agency in these processes.     

论非法民事公民代理的理性规制

非法民事公民代理是指不具有法律、法规授权资格,或者伪造法律、法规授权资格的普通公民担任民事诉讼代理人并参加诉讼活动的行为.非法民事公民代理占据着我国基层法律服务市场相当大的份额,但其不能切实保障当事人的合法权益,还会损害司法公正和司法效率、危害社会稳定、扰乱正规的法律服务市场和阻碍司法改革的进程.制度设计理念、社会需求、法律规定和操作运行四方面的原因促成了非法民事公民代理的产生和存续,具体的改进举措应在这四个方面予以对应性的展开.     

How to build a better future? Kyrgyzstani development workers and the ‘knowledge transfer’ strategy

The development industry has moved from concepts of aid and technical assistance to the idea that closing ‘gaps’ in people's knowledge is the most effective way of alleviating poverty and injustice. My data show the means through which this ‘knowledge transfer’ is actually supposed to happen. I examine the micro-politics of development: the role and agency of development workers, who are so frequently employed to conduct ‘training’ on a wide range of topics affecting citizens' well-being, such as conflict prevention or sustainable agricultural practices. This paper draws on ethnographic research between 2010 and 2012 with Kyrgyzstani NGO workers to analyse the ‘side-effects’ of development, such as the creation of a new social class and softening age hierarchies. I examine the widespread conviction among trainers that education can solve most social ills, and their concepts of how knowledge, sometimes in the guise of ideologiya, shapes people. I argue that this faith in knowledge reflects both the life course of NGO workers themselves and what they can offer from within the ‘knowledge transfer’ paradigm. An understanding of the friction between different expectations of knowledge content, teaching relationships and aims in creating well-being is not only essential to a critical reflection on these development efforts but also illuminates wider political and social processes and relationships, such as expectations of the state and international community.     

Parliamentary questions as a control mechanism in coalition governments

This article argues that government parties can use parliamentary questions to monitor coalition partners in order to reduce agency loss through ministerial drift. According to this control logic, government parties have particular incentives to question ministers whose jurisdictions display high policy conflict and high electoral salience and thus hold the prospect of electorally damaging ministerial drift. Multivariate regression analysis of all parliamentary questions in the German Bundestag between 1980 and 2017 supports this hypothesis, showing that cabinet parties address substantially and significantly more questions to ministries held by coalition partners on salient and ideologically divisive issues. This interactive effect does not occur for opposition parties or questions posed to own-party ministers. These findings, as well as the temporal patterns of questioning over the electoral cycle, indicate that control within coalitions is a distinct motivation for questioning ministers that cannot be reduced to existing explanations such as electorally motivated issue competition.     

Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force

This article discusses the discourse on the justified use of force in the Strasbourg Court's analysis of Article 3. With particular focus on the judgment in Güler and Öngel v Turkey, a case concerning the use of force by State agents against demonstrators, it addresses the question of the implications of such discourse, found in this and other cases, on the absolute nature of Article 3. It offers a perspective which suggests that the discourse on the justified use of force can be reconciled with Article 3's absolute nature.     

论我国代理制度对仲裁条款的影响——以《合同法》第402、403条为切入点

我国合同法第402、403条分别规定了隐名代理、与英美法系不公开本人身份的代理相类似的代理形式,在这两种代理中,代理人以自己的名义订立合同,本人与第三人之间并不存在直接的仲裁合意,那么仲裁条款能否约束本人与第三人呢?我国仲裁法及相关司法解释并没有做出规定。从理论上分析,在第402条的情况下,仲裁条款可以直接约束本人与第三人。而在第403条的情况下,则需要进行具体分析,不能直接适用合同法的法条规定。     

Citizenship and the speaking subject

This article explores the ways in which schools have historically promoted – or failed to nurture – the speaking voices of future citizens. It sets out a theoretical rationale for taking pedagogies of speaking seriously and reports on a project designed to enhance the communicative awareness and confidence of 11–18-year olds. It concludes by considering practical ways in which civic practices nurtured in schools can avoid being hampered by unacknowledged disparities of communicative competence.