请求权、形成权、抗辩权——对几个基本概念的研究

请求权,形成权,抗辩权是民法的枢纽性概念。本文拟对上述范畴作一阐述,并澄清几个概念的相互关系。     

A SHORT COMMENTARY ON TIMOTHY M. TIPPINS AND JEFFREY P. WITTMANN'S "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS

In this commentary, the call for clinical humility and judicial vigilance in custody recommendations is confirmed as valid and the Australian experience, where the child custody report writer has for some years been permitted to express an opinion on the ultimate issue, is considered. The inherent risks are briefly discussed, and the question of who of the judge and the social scientist might be better placed to decide the exquisitely difficult children's issues after family breakdown is touched upon. It suggests that a combination of the expert's opinion and judicial fact finding probably produces a result that is as good as it gets. But a greater danger is highlighted. It is the impact of the adversary system, and whether it is suitable in any event to these sensitive court decisions.     

论《合同法》中前后矛盾或自相矛盾的几个条款

1999年《合同法》的颁布不仅是合同法的重大发展,而且对中国民法典的制定具有促进作用。但《合同法》的某些条款存在前后矛盾或自相矛盾之处,主要包括:第10条、第36条关于书面形式的弹性规定之间的矛盾;第25条、第32条、第33条关于合同成立时间的规定之间的矛盾;第34条、第35条关于合同成立地点的规定之间的矛盾;第140条、第25条关于合同生效的规定之间的矛盾及第140条的内在矛盾。上述条款之间的前后不一致或内在矛盾需要通过司法解释或法律修订进一步完善,以减少当事人之间不必要的纠纷。     

论合同的有效成立及其约束力

合同的成立通过形式逻辑的手段进行二阶构造,这不但能凸显出合同的表面成立和合同的有效成立的各自意义,而且有助于深化对合同成立问题的认知。合同的有效成立是研究一切合同问题的逻辑起点,所以对合同有效成立上的法律约束力问题的研究就显得很有必要。     

Age and family structures among the Jews of Mitau, Kurland, 1833–1834

The article analyzes an 1834 listing of the Jewish inhabitants in the city of Mitau in the province of Kurland, one of the Baltic provinces (the other two were Estland and Livland) of the Russian Empire. From Catherine the Great's reign onward, the Jewish population of the Baltic provinces rose steadily throughout the 19th century, but microstudies of Jewish communities in the region are virtually nonexistent, especially for the first half of the century. The Mitau list shows that the Jewish population there was very young, with about 45% being in the age group 0–14. Age at first marriage for males was about 24 years, and for females 21. From about age 35, 93% of males and 97% of females were married. The mean size of the family group was 5.8 persons, and about a third of all families were either extended (containing unmarried relatives beyond the nuclear family) or multiple (more than one kin-linked conjugal family unit). Judging by kinship terms in the source, the kin system tilted toward patrilineality, as would be expected. These characteristics need to be compared to other Jewish communities before and after 1834—in the Baltic area and surrounding regions—but the paucity of local studies suggests that some time will pass before the Mitau findings can be placed in an adequate comparative framework.     

论我国侦查理念及其法治化

侦查理念法治化是侦查法治化的先导,引导着制度构建和侦查实践。侦查理念由侦查属性观、侦查目的观、侦查构造观等内容构成。侦查理念的法治化包括:侦查属性观由专政活动说、认识活动说走向执法活动说;侦查目的观由打击敌人说、查明真相说走向公平正义说;侦查构造观由敌我斗争模式、实事求是模式走向正当程序模式。     

美国洛杉矶地区的日裔社区

日本人在美国落籍始于1841年。美国的日裔人喜欢聚居生活,并保持着较浓郁的日本文化和生活方式,在洛杉矶形成了无数个日裔社区。但随着美国市场的变化和日裔青少年美国化的加剧,日裔社区的凝聚力正在减小。     

Representations of the family in postwar British amateur film: family histories in the Lane and Scrutton collection at the East Anglian Film Archive

This article examines the construction of the postwar British family in amateur film with reference to the Sidney Lane and Cecil Scrutton collection held at the East Anglian Film Archive (EAFA), particularly the films covering 1948 – 1961. Heather Norris Nicholson argues that home movies contribute to ‘an understanding of leisure and visual-related practices of consumption as well as the social processes by which people came to give themselves, and others, identities’ in the mid-twentieth century (Nicholson, H. N. [2004]. At Home and Abroad with Cine Enthusiasts: Regional Amateur Filmmaking and Visualizing the Mediterranean, ca. 1928 – 1962’. Geojournal, 49, 323–333). By considering the social and historical contexts in which these home movies were produced, and using accompanying notes by one of the filmmaker’s sons, the leisure time films of Lane and Scrutton can be analysed in order to understand how the amateur cine hobby ideologically constructed family, community and national identity in postwar Britain. The images of Christmas parties, daytrips and holidays in these films reveal much about this particular family, and are therefore very illuminating to the social historian and film scholar of today.     

“Double transformations:” nation formation and democratization in interwar East Central Europe

Following the collapse of empires and the subsequent founding of self-determined nation-states, East Central Europe experienced a turning point after World War I. The new states had to transform themselves from branches of a multi-ethnic empire to independent nation-states, as well as from a system of monarchy to democracy at the same time. We argue that one cannot really understand why democracy failed in almost all East Central European states after World War I if one does not take into account the extreme challenges of this “double transformation” consisting of the interactions of the two tightly interwoven processes of nation formation and democratization. Therefore, we deem it necessary to develop a broader research program that addresses the complex interlacement of these two fundamental transformations of politics and society.     

公共管理者既得利益问题研究

既得利益是社会利益格局之一维,有其存在的合理性和必要性。但违背＂公共性＂的既得利益却是社会发展的＂毒药＂,不仅侵害了社会分配的公平性,还会严重降低社会资源的分配效率,因此,必须加以破除。公共管理者作为公共权力的行使者,有着自己职业群体的合法既得利益,也会存在着不为社会认同的＂非合法性＂既得利益。探寻公共管理者既得利益形成的内在机理,设计合理的治理路径,对锻造和提升公共管理者的＂公共精神＂有着重要价值。