表见代理制度探析

新《合同法》第一次明确规定了我国的表见代理制度,本文剖析了两大法系表见代理制度与我国表见代理制度的异同,结合法学界不同观点对表见代理的构成要件进行分析和论证,并对实践中应注意的问题进行探讨,以期完善我国的民事代理制度。     

The Creative Industries Concept: Stakeholder Reflections on Its Relevance and Potential in Australia

The creative industries concept or term continues to attract attention in both developed and developing economies worldwide. However, it is not universally applied, with other terms such as cultural industries, arts and culture, copyright industries, or the experience economy used in various global locations. There is also ongoing debate and critique in relation to the creative industries concept, given that it emphasises employment and wealth creation and gathers together a range of disparate disciplines. This article explores these issues via interviews with twenty-two key leaders representing fifteen different industry organisations, advocacy groups, and government funding bodies in the Australian creative industries sector. The findings reveal only a moderate level of understanding and application of the creative industries concept, with a range of views on its relevance and utility for those working in the sector. In addition, the findings propose that there is significant potential and need for the sector to work towards a stronger advocacy position and profile within the broader economy. However, this represents a major challenge for the creative industries sector, given the existing vertical and horizontal power structures within this complex and diverse area of the economy.     

Democracy in Britain: Retrospect and Prospect

The EU referendum has raised questions about the nature of democracy, which is not just majority rule. It is wrong to claim that direct democracy has now replaced representative democracy, as Parliament is required to answer all the questions that the referendum did not. The conduct of the referendum reflected the worst aspects of Britain's political culture of sterile adversarialism. Both left and right have shared assumptions about governing that have made it difficult to develop a culture of democratic citizenship. The political system still reflects its pre‐democratic origins (as in the survival of a House of Lords and the obsession with titles) and the role of money in politics represents a form of corruption. Institutional reforms depend for their success on the nurturing of a democratic culture, which is a task for many hands.     

Young people,friendships and gender learning: insight from student-produced microfilms and curricular implications

Friendship microfilms produced by students can be used to understand how students make their relationships meaningful. Hence, in this study, friendship microfilms made by Taiwanese students from 2000 to 2013 and uploaded on YouTube were collected and evaluated through a textual analysis aimed at deriving suggestions for relationship education curricula. Four types of narrative were identified in these films. A common theme was addressing romantic concerns among close friends and the effects that follow. The films present scenarios such as ‘I want to be more than merely your friend’ and ‘A conflict arises from a love triangle’, and the predicaments related to trust, honesty, loyalty and supportiveness that consequently arise. The films also reveal the anxiety of gay adolescents trapped in dilemmas involving being neither a love interest nor a best friend and wondering whether to come out of the closet. Moreover, the practices of homosociality in the film manifest gender differences. On the basis of the research findings, this paper provides suggestions for gender and relationship education.     

Regional lobbying and Structural funds: Do regional representation offices in Brussels deliver?

In recent years regional representation offices have proliferated in Brussels. Among the many aims of these offices are influencing the allocation and securing the transfer of European Structural and Cohesion funds. However, our knowledge about whether they have succeeded in this goal is limited. In this paper, we assess whether regional offices in Brussels have managed to affect the commitment and payment of Structural and Cohesion funds beyond the officially stated economic criteria of eligibility. The paper uses a custom-made survey of Brussels offices, complemented by economic, institutional, and political data. The results of the analyses for 123 regions over the period 2009–13 highlight that the capacity – proxied by the budget and staff of the office – of the regional offices to influence the commitment and payment of Structural and Cohesion funds has been negligible, when not outright negative. Regional lobbying in Brussels does not lead to more funds or to an easier disbursement of regional development funds.     

Reverse coattail effects in undemocratic elections: an analysis of Russian locomotives

This article argues that the effectiveness of the tactics ruling parties use to control the electoral arena may depend on the electoral experience of its subordinates. To substantiate this point, the work examines Russia’s “locomotives” – the practice of placing regional governors on the list of the ruling party, United Russia, during national legislative elections. It argues that electoral payoffs also came from select regions without locomotives. Given the move to appointed governors, list exclusion likely indicated gubernatorial vulnerability. As a result, governors left off United Russia’s list may have responded by seeking to demonstrate their electoral utility, and those with longer tenures were more likely to succeed in these efforts. An analysis of the 2007 Duma elections shows that United Russia’s vote share was higher in regions where long-serving governors were left off the list. Since Russia’s appointment system dramatically changed the gubernatorial corps between 2007 and 2011, the article also considers changes in the effects of list placement over time. It finds that the relationship between list exclusion and higher vote shares for United Russia disappears as governors with electoral experience were removed from office.     

Divergent fates: company unions and employee involvement committees under the railway labor and national labor relations acts

Well known is that the National Labor Relations Act (NLRA, 1935) in the United States places a largely per se ban on nonunion employee representation (ER) groups which deal with employers over a term or condition of employment. Much less well known is that America’s other labor law, the Railway Labor Act (RLA, 1926), takes a different approach and permits employers to operate such councils and committees as long as they do not perform a collective bargaining function or interfere with workers’ free choice of a bargaining agent. Thus, under the RLA Delta Air Lines is able to operate what is today the closest living approximation to a 1920s-style ER plan while hundreds of other companies (e.g. Polaroid) under the jurisdiction of the NLRA have been forced over the years to disband similar groups on grounds they are a proscribed company union. No study to date has explored the history behind the RLA and NLRA’s divergent treatment of nonunion ER groups so this article takes a first look. The main part of the story covers the 1920–1935 period and examines the events, people, and experiences associated with company unions and ER in, respectively, the rail and manufacturing industries and why the legislative outcome in the former was a permissive stance on nonunion committees but prohibitive in the latter. The last part of the paper fast-forwards the RLA-NLRA story from the 1930s to contemporary law and practice in order to demonstrate how “history matters” when it comes to what employers can and cannot do with nonunion representation groups, such as works councils, participation and involvement committees, and dispute resolution forums.     

Partidos políticos e innovación democrática: más allá de purezas y perversiones

This article aims to review the conceptual import of the term “political mediation”, to shed light on the analytical reach of indirect politics, whose scope of possibilities has been usually thought of as confined within the opposites of political representation and clientelism. An analytical exercise is put forth as a possible and tentative means not only to establish a vocabulary which may be more sensitive towards present time demands, but also to –in Bunge's words– initially allow for the reinterpretation of older symbols of our political vocabulary. Towards this goal, besides a linguistic and conceptual itinerary of the term “mediation”, each of the three analytical dimensions of indirect politics is developed, favoring dialogue with theories of representation, which channels into an analytical model we call the “cube of indirect politics”. The article ends with a brief case-classification exercise aimed at showing the displacement produced by the model in the understanding of given experiences in indirect politics.     

The Young-Girl in Theory

This essay situates Tiqqun's Preliminary Materials for a Theory of the Young-Girl within a long history of leftist art and theory that uses the figure of the girl to respond to, reflect on, and even to attempt to subvert the various subjective crises of late capitalism. At the same time, and reading Tiqqun against the grain, it asks whether the Young-Girl might be of any use for thinking through the new questions about subjectivity and representation that neoliberalism has presented for feminism.