我国驰名商标制度及其完善研究——以第三次修改后《商标法》为主考察对象

驰名商标制度从在我国《商标法》中诞生之日起就被畸形化利用,其在畸形化的发展中,误导了消费者的消费观念,给市场造成了极大的困扰。驰名商标制度多年来为学界所诟病,为驰名商标正名的呼声终于在《商标法》第三次修改中一定程度上得到了实现。但是这次《商标法》对驰名商标制度的修改还不够彻底,驰名商标制度还有进一步完善的空间。     

试论我国《合同法》对第三人利益合同的规定——对我国《合同法》第64条的解释

学界和司法实践中对我国《合同法》第64条的理解和适用存在着争议。否定说认为该条文没有对第三人利益合同做出规定,第三人不享有直接请求权;宽泛肯定说认为《合同法》第64条规定了"第三人利益合同"以及"债务人依照约定而为交付"两种情况;不足肯定说认为该条文实际上规定了第三人利益合同,第三人可依据该条的规定享有履行请求权,只是该规定尚不明确,在我国尚未形成第三人利益制度。经过比较分析,宽泛肯定说更具合理性和现实意义。     

民事诉讼中第三人利益保护系统论——以诉为中心

民事诉讼程序本身的特征于第三人利益而言变成了缺陷,审判程序的相对性和封闭性以及执行程序中审查的形式性成为损害第三人利益的先天性缺陷。民事诉讼制度在发展的过程中,通过第三人参加之诉、第三人撤销之诉和第三人异议之诉的设置,实现了第三人利益保护的系统化。     

Disrupting the South African parliament: performing opposition 1994–2010

The article focuses on the most common form of institutionally punished disruption seen in South Africa's National Assembly since 1994: orders for individual MPs to withdraw from the chamber. The shifting dynamics of such “set-piece” dramatizations of opposition and their relationship with the established analyses of political opposition in post-apartheid South Africa, especially “dominant party democracy” theory are explored. There have been two main styles of disruptive performance in the National Assembly since 1994. Firstly, performances of perceived political marginalization, and secondly, performances that paradoxically lay claim to uphold parliamentary democracy through rule-breaking, which are termed performances of procedure-as-democracy. The article examines how opposition politicians have justified disruption and unpicks the symbolism of prominent incidents. The focus is upon the performance of disruption and its performative aspects, particular the articulation of race and gender. It is argued that performances of procedure-as-democracy are actually one of the principal means by which opposition political parties perform narratives of ANC dominance and as such require much more attention and critical engagement from political scholars interested in dominant party democracy.     

论第三者侵犯配偶权的法律责任

第三者破坏他人的婚姻家庭,影响社会的和谐稳定.但是目前我国法律仅有关于第三者刑事责任的规定,且不尽完善,而尚无关于第三者侵犯配偶权的民事责任和行政责任的规定.第三者的行为符合一般侵权行为的构成要件,应当承担侵权的民事责任.第三者与有配偶者的姘居行为具有严重的社会危害性,应当以破坏婚姻罪论处.此外,第三者与有配偶者的通奸行为扰乱了社会治安秩序,应当承担行政责任.建议我国立法机关尽快修订相关法律,明确规定第三者侵犯配偶权的民事责任和行政责任,完善第三者的刑事责任.     

论意思自治在网络隐私权侵权领域的适用

《涉外民事关系法律适用法》极大程度的完善了涉外侵权领域的法律适用规则,它首次规定了意思自治在一般侵权中的适用,但是在网络隐私权侵权上却坚守了被侵权人经常居所地原则。通过理论分析,以及对国内外立法和司法实践的考察,认为意思自治也应当适用与网络隐私权侵权领域。     

Renewing Socialist Development in the Third World

Current global economic trends have rekindled interest in development alternatives. Competing socialist and green proposals for these development alternatives raise important questions about crafting institutional vehicles for the simultaneous realisation of popular empowerment, sustainability and poverty alleviation development goals. Much of the debate is about economic scale and the re-localising of production and consumption sundered by globalisation. Yet socialists and greens are fuzzy on principles of economy necessary to achieve their desired goals. To help sort out these issues this article introduces the concept of “socio-material communication” as a way of differentiating among available economic forms. It then offers a design for socialist development that is progressive, sustainable and realisable under current “really existing” conditions. It is concluded that realisation of socialist and green development goals for future human betterment requires the combining of modes of socio-material communication to meet specific development challenges, rather than seeking to impose one mode, such as economic planning or society-wide market operation, indiscriminately.     

Failure of security co‐operation in SADC: The suspension of the organ for politics,defence and security

Political opposition parties are considered crucial to the nurturing, enhancing and consolidating of democracy in every political system. Indeed, their existence is proof of political tolerance, competitive party elections, the provision of choices to the voting public and the possibility of alternation in power. However, the political opposition on the African continent is generally weak, and particularly so in Botswana, resulting in the predominance of the ruling party in political affairs. This article analyses the weaknesses of Botswana's opposition parties by tracing their historical evolution, characteristics, electoral base, and performance against the background of the political and electoral system in Botswana and the strength of the ruling party itself. It concludes that future prospects for the opposition to make greater inroads into the Botswana Democratic Party's support are small because of the fragmented nature of the opposition itself and the relative satisfaction of citizens with the current government's performance.     

Building the Capacity of the Voluntary Nonprofit Sector: Challenges of Theory and Practice

Abstract

As voluntary and community organizations in the UK (VCOs) expand their role in the provision of public services, they are under increasing pressure from governmental funders to improve their management and organizational systems - to “build their capacity.” This paper considers the theoretical and practical challenges posed by the idea of “capacity building.” It also looks at the challenges for VCOs of meeting the capacity building agenda while simultaneously retaining organizational distinctiveness and independence. Action research is proposed as a means to meet the challenges.     

Democracy in microstates: why smallness does not produce a democratic political system

To fully understand the function of volatility in today's European democracies, it is necessary to employ the principal-agent model. Where democracy is exercised in the form of party government, then it is especially essential to enquire into how the electorate can monitor politicians. Electoral volatility may increase the responsiveness of the party system to the electorate and increase the accountability of politicians. Party system instability is persistently higher in the east European democracies than in western Europe. System transition in eastern Europe passes through the party system, as new parties enter the electoral arena. Political innovation in western Europe also passes through the party system, where new movements appear alongside the established parties. However, there are signs of decreasing volatility in the east, whereas volatility is on the rise in several west European democracies. There will be convergence between west and east European democracies: both will experience considerable volatility in the future. This is a positive gain for democratic vitality in Tingsten's conception. The level of party system fractionalization is already the same over the regions of Europe. The principal-agent model would favour several agents as well as agent switches, which means a moderate level of party system instability.