论限制民事行为能力人之缔约能力--兼论合同法第47条之不足

各国法律和学界对限制民事行为能力人的合法权益的保护问题都给予了充分的关注,而我国的现行法律对此无论在其概念的外延范围上还是缔约能力上均缺乏应有的规定。文章在结合比较法研究的基础上对我国现行法上限制民事行为能力人概念的外延范围和缔约能力进行分析,同时对我国合同法第47条之规定进行反思,希冀对我国限制民事行为能力人法律制度之完善有所裨益。     

论刑事责任能力的内涵

刑事责任能力即辨别与选择是非善恶、合法与非法的能力。在此基础上 ,刑事责任能力在刑事归责中具有自身的地位 ,刑事责任能力是归责的前提而不是归责的要素。刑事责任能力是一种客观存在的能力而不是法律资格     

中美关系力量结构变化导致了中美贸易摩擦？

本轮中美贸易摩擦的发生是美国对华政策深度调整的结果,根源于中美关系框架内不同性质的力量发生实质演变。中美货物贸易逆差是全球价值链体系内东亚区域整合的必然结果,因而具有很强的不可逆特征。美国主动挑起贸易摩擦的时机选择体现了其战略考量。作为中美关系中重要的正面力量,经贸关系的“压舱石”作用在不断弱化,政治、安全等负面力量不断发酵并呈现出主导中美关系走向的态势。此次中美史诗级贸易摩擦是美国社会对华负面力量不断叠加并积累到一定程度的结果。“文明的冲突”加剧了中美关系正负力量失衡并使天平逐渐向负面力量倾斜。面对中美贸易摩擦的复杂性和长期性,基于发展视角提出中国理性客观应对中美贸易摩擦的战略与策略。     

Food,state power,and rebellion: The case of maize

Why do rebellions occur and persist in some countries but not in others? Evidence shows that natural resources affect the fighting capacity of rebel groups; yet, by focusing on lucrative resources that are rare in most rebellion-afflicted countries, such as oil and diamonds, scholars neglected one necessary input for rebellion: staple crops. Focusing on maize, the world’s most prevalent staple, this study argues that, as one of the most important resources for rebel groups, maize can have a destabilizing effect on the state’s ability to thwart rebellion. These claims are corroborated statistically on a new time-varying, high-resolution global dataset of staple crop productivity, and then qualitatively through an analysis of archival records on the Mau Mau rebellion. In identifying an overlooked, global linkage between agricultural abundance, state capacity, and intrastate violence, this study explains strong geographical and temporal variations in rebellions at both the subnational and global levels.     

Public Innovation Capacity: Developing and Testing a Self-Assessment Survey Instrument

Governments around the world are pressed to develop innovative solutions for the wicked problems they are facing. To develop these solutions, the public innovation capacity—defined as the capacity to develop and realize new ideas for societal problems—is of crucial importance. This article builds a model of the public innovation capacity on the basis of innovation systems theory and the literature on public innovation. Five functions—mobilizing, improvising, vitalizing, balancing, and coordinating—are identified and operationalized to construct a self-assessment survey instrument for governments. This instrument in tested by using it to self-assess the public innovation capacity of a Dutch municipality. This test highlights the validity of the instrument and shows that it helps to identify weaknesses in the public innovation capacity. This measurement can form the basis for a reflection on the government organization’s public innovation capacity as a basis for interventions to improve this capacity.     

Capacity building of sea level and climate monitoring in the Pacific region： Fiji case study

In order to enhance capacity building in the Pacific region, and to raise awareness on climate change and sea level issues, teaching and training modules were made available to the Pacific community through the ＂South pacific sea level and climate monitoring project＂ funded by AusAID. Numerous training workshops have been conducted through the project since its inception in 1991 and the project is now in its fourth and final phase. It was hoped that the goals of capacity building for the stakeholders on correct information of climate change and sea level have been understood and taken heed of. In addition, ＂The scientific educational resources and experience associated with the deployment of Argo＂ （SEREAD） project was also set up especially for ocean science in the Pacific island schools in 2001. However, it has been realized that the data from this project is more relevant to tertiary level rather than to secondary level students. Consequently, a survey was carried out to gauge the students＇ outlook towards the physical side of marine science. The survey revealed that more than 80% of both tertiary level and high school non-physical science students decided not to take the physical aspect of marine science sighting reasons that it is either a difficult subject, boring, too hard to understand or difficult to pass in the examination. Even amongst students taking physical science, only about 50% believe that the physical aspect of marine science is enjoyable. A minority of students at USP and high school take science as a subject and a small proportion from them take the physical science. From this scenario, it can be predicted that there will be a shortage of physical science graduates in the future. The confidence of the Pacific community in the work of scientists is built on faith. They appreciate the effect of science on their lives and support it but are unaware of the scientific methods involved. Therefore, for the sustainability of physical aspect of marine science in the future for the Pacific region, public awareness of climate change and sea level is vitally important and it should be widely promoted in the community as a matter of urgency.     

新时代下我国各地区对劳动力的吸引力问题研究

新时代下我国劳动力转移环境发生了显著变化,人们对劳动力的认识、劳动力供需状况及不同地区对劳动力的态度等都与之前有很大不同。在这种情况下,本文认为影响劳动力迁移的因素主要包括地区经济发展实力、公共资源聚集能力和未来发展潜力等三个。在此基础上,本文建立了一个二级指标体系,以此为基准,对各个省级区域对劳动力的吸引力问题进行了研究。结果发现,整体而言,北京、上海、天津等直辖市和浙江、江苏等主要经济发达省份依然位列吸引力最强省份的行列,而大多数中西部地区吸引力依然不足。     

Refugees,Economic Capacity,and Host State Repression*

Does hosting refugees affect state repression? While there have been numerous studies that examine the link between refugees and the spread of civil and international conflict, an examination of the systematic links between refugees and repression is lacking. We contend that researchers are missing a crucial link, as the dissent-repression nexus is crucial to understanding the development of armed conflict. Drawing upon logics of the relationship between refugees and the spread of conflict as well as economic capacity, we argue that increased numbers of refugees lead to increased repression. We contend that willingness to increase repression when hosting refugees is in part conditional on a host state’s economic capacity. We argue that, on the whole, the greater the population of refugees in a host state, repression becomes more likely. That said, we argue that increased economic capacity will moderate this relationship. We find empirical support for both predictions.     

论新媒体与党的执政能力建设

新媒体的迅速发展使党的执政环境发生了深刻变化,党的各级领导干部如何科学而理性地面对新媒体,充分利用信息科学技术,推动执政党与社会公众的交往与互动,是加强党的执政能力建设的重要课题。     

关于中国情报警务战略执行力的思考

要落实中国特色的情报警务战略,必须加强执行力的研究。通过对一些西方发达国家和我国情报警务现状的分析,文章提出情报警务在执行能力方面存在的问题,并从新的视角提出情报警务战略执行者应当具备的10种能力,以及提升警务战略执行力的必要途径。