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.     

It's Only Made Things Worse: A Critique of Electoral Reform in Britain

Since it came to power, New Labour has introduced a range of new electoral system into the British political system, implicitly accepting the argument that Britain's traditional electoral system - first-past-the-post (FPTP) - has been a cause of voter disenchantment with Britain's representative democracy. In this article, it is asserted that Labour's reforms have merely compounded this problem, while demonstrating that all electoral systems have significant flaws. Indeed, it is argued that the flaws of the new systems are more serious than those of FPTP and threaten an even greater disconnection between UK politicians and the people they represent."     

No (Parliamentary) Gender Gap Please, We're British

Although the number of women MPs has increased in recent years, there continues to be a pronounced gender gap in the British House of Commons. Most attempts to close this gap have involved political parties selecting candidates on the basis of some form of electoral gender quota, but quotas are problematic, and more radical steps need to be taken if we are serious about women being equally represented in the Mother of Parliaments. This article proposes a possible solution that accords as far as possible with Britain's governing and representative traditions: the modification of current electoral arrangements so that voters in each constituency vote for and are represented by both a male and a female MP.     

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.     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

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.     

The quest for inclusion and citizenship in Ghana: challenges and prospects

Ghana's tortuous journey to democracy received a major boost in the year 2006 with the enactments of two human-rights-related pieces of legislation. In this article the author contends, on the one hand, that the recent enactments of an amendment to the law on representation of the people and the persons with disability law in Ghana constituted a noteworthy landmark in the search for inclusive citizenship. On the other hand, the relation between society and the political authority during the processes of the enactments highlighted characteristics of a post-colonial African state. The author explores the antagonisms that surrounded the enactments of these laws. The article concludes that although the Ghanaian experience represents a new wave of re-thinking of rights in Africa, it also underscores the deep-seated issues of contestation and negotiations that unavoidably accompany the expansion of democracy and extension of rights to the excluded and the marginalized.     

Parliament on its Knees: MPs' Expenses and the Crisis of Transparency at Westminster

In May 2009, revelations made in The Daily Telegraph about the way that MPs had used and abused the House of Commons expenses and allowances regime threw the British political system into turmoil, forced the resignation of the Speaker of the Commons along with a number of implicated MPs, and ignited talk about a crisis in parliamentary democracy and a collapse of public trust in politics. This article explores the events that led to this situation, from the structure of MPs pay and allowance system, the Freedom of Information context that framed the disaster, and the crisis of transparency which the House of Commons has itself precipitated. It argues that, talk of parliamentary reform aside, MPs must radically rethink the way that they approach their representative role and the nature of their broader engagement with the public they claim to serve.