Schadenersatzreform – Gefährdungshaftung und Unternehmerhaftung

Der Entwurf eines neuen ?sterreichischen Schadenersatzrechts sieht Regelungen der Gef?hrdungshaftung sowie der Unternehmerhaftung vor. Der Beitrag untersucht die jeweilige Ausgangslage, das Reformanliegen und die Konsequenzen einer Reform.     

Autocratic legitimation in Iran: Ali Khamenei’s discourse on regime “insiders” and “outsiders”

The article analyses Ali Khamenei’s discourse on insiders and outsiders in the Islamic Republic of Iran, arguing that it shows the leader of an electoral revolutionary regime striving to counter elite fragmentation and growing democratic demands. It studies identity demarcation as a tool of autocratic legitimation. In a political system where the possibility to access political positions depends on supporting a belief-system, all cadres share a basic identity, which rulers can exploit to draw boundaries between “us” and “them”. The analysis reveals how Iran’s leader capitalizes on the existence of an insider-outsider divide to promote ideas about an imagined “we” of the regime. The “we” is portrayed as an Islamic we, fully committed to his rule. The article maintains that Khamenei developed this discourse in response to the challenge of the Iranian reform movement. It analyses, first, the context in which the discourse emerged and, second, the discursive strategy itself, to substantiate the claim. It concludes that the discourse had two essential aims in the containment (1997–2003) and crushing (2009–2010) of the pro-democracy reformist and Green movements: to de-legitimate Khamenei’s opponents through othering and to legitimate the counter-mobilization of repressive agents.     

Modern poetry,popular song and their dangerous liaisons

Abstract

In this article, Tsuboi Hideto examines the mutually entwined pursuits of modern poetry and music in interwar Japan, focusing especially on the work of Nakahara Chūya, Kitahara Hakushū, and the People's Poetry group. Cutting across their respective distinctions within the poetry establishment, Tsuboi draws attention to these figures’ shared investment in symphonic, folk and popular music. In so doing, he identifies among them a prevailing concern for curating a poetic voice that might harmonize the conflictual registers of individual and collective expression and thereby attune the work of the poet to that of the ‘people’ more broadly. Meanwhile, the essay traces the currents of modernist and avant-garde thought in Japan and Europe that framed these poets’ engagements with music and sound. Tsuboi then illustrates the varying degrees to which these voices, forged within the cosmopolitan milieu of the Taisho period, bent toward the nationalizing project and later gave way to the chorus of wartime fascism and imperial expansion.     

Akutagawa Ryūnosuke's uncanny travels in Republican-era China

This study focuses on Akutagawa Ryūnosuke's Shina yūki (Travels in China): an account of a four-month journey through eastern, central, and northern China in the spring and summer of 1921. Due to Akutagawa's reputation as a writer and the account's vantage point on a transitional period in Japan's expansion abroad, Travels in China has traditionally enjoyed a prominent place in the canon of twentieth-century Japanese travel writing. What has received less attention, however, is the relation of the work to the rest of Akutagawa's literary corpus. In this paper, I situate Travels in China within the larger context of Akutagawa's ongoing interest in Chinese fiction and drama. Rather than reading Travels in China as a work of journalism, as Akutagawa initially invited his readers to do, I argue that the work is an extended exploration not only of the relationship between ‘New China’ and Akutagawa's beloved traditional Chinese culture, but also of the boundaries separating journalism, fiction, and other literary genres. Ultimately, I connect Travels in China to Akutagawa's later work: texts that similarly interrogate and deconstruct the distinctions between genres and modes of narrating experience.     

《联合国反腐败公约》资产追回机制与我国刑事诉讼法的完善

《联合国反腐败公约》是联合国历史上第一部指导国际反腐败斗争的法律文件 ,它包含了大量的刑事司法规定 ,其中核心部分是资产追回机制 ,而这方面我国刑事诉讼法的规定很欠缺。为了加强反腐败的力度以及完善我国刑事诉讼法 ,有必要参照《公约》对我国刑事诉讼法作相应的修改 ,以期更好地开展反腐败的国际合作 ,最大限度地追回腐败犯罪所得。     

第二次西园寺公望内阁时的“增师”问题研究

第二次西园寺公望内阁时的"增师"问题,不仅导致了西园寺内阁的垮台,也成为第一次护宪运动的导火索。文章主要分析政友会支持的首相西园寺公望和以元老山县有朋为靠山的陆军围绕这一问题所展开的较量。通过探讨内阁、军部、元老等各势力间的博弈状况,从中管窥大正民主运动前夕日本政界主要政治势力间的矛盾斗争。     

Global attributes or local literacy? International students in Japan’s graduate employment system

International students graduating from Japanese universities are becoming an important component of graduate recruitment strategy in globalising Japanese firms. They are praised for possessing exactly the kinds of attributes seen as lacking in their Japanese counterparts – such as intercultural communication skills, self-confidence and a competitive spirit. Their value is also emphasised in national policies addressing the human resource challenges of globalisation. Higher education policy-makers, too, are increasingly conscious of the need to connect efforts to attract international students to Japan with strategies to maximise their utility in the Japanese workforce. To succeed in the job market, however, international students are required to conform to the conventions of graduate job-hunting. Career support services offered by universities and third-party intermediaries tend to focus on bringing students into line with these conventions rather than developing alternatives thereto. This article explores this interface between policies and practices surrounding international graduate job-seekers, analysing the positions of several different stakeholders – including the job-seekers themselves – in order to develop a more critical understanding of the possible outcomes of current moves towards internationalisation of higher education and employment in Japan and the future of the graduate job-placement system itself. The article highlights a paradox whereby the ‘global’ attributes that underpin the expectations placed on international students originally are overshadowed by a concern with testing local socio-cultural literacy through the application of the conventional norms and practices of the graduate job hunt.     

论利他合同中第三人的权利

无论是大陆法系还是英美法系,利他合同中第三人权利都得到了较好的保护。但是我国迄今没有利他合同的一般规则,对第三人权利的保护远远不够。我国应借鉴发达国家对利他合同的研究成果,完善我国利他合同制度理论并进行立法改进,以期加强保护第三人之权利。     

自制转轮手枪发射钢珠弹的侵彻力实验

实验通过速度测试,侵彻力实验和飞行距离测试,对弹丸的侵彻力进行论证,具有现实意义.