婚约法律问题研究

婚约是婚姻关系建立前的习惯性程序,经历了从罗马法、寺院法到近现代法的不同发展时期,产生的法律效力也各有不同。婚约在我国是一种重要的民事习惯,历代封建统治者都十分重视对婚约关系的调整。婚约的成立应以当事人自愿自行订立、具有完全民事行为能力、未婚及无禁止结婚的血亲关系为条件,依法成立的婚约对双方当事人及第三人均产生一定的法律效力。婚约存续期间双方互赠的财物,在婚约解除时应按不当得利予以返还。一方擅自解除婚约或因他方过错而解除婚约的,无过错方可请求损害赔偿。将婚约视为纯粹的道德问题,不仅人为地缩小了民法的调整范围,也不利于财产纠纷的解决,应通过民法典的制定予以规范。     

Putting Local Associations Into their Context. Preliminary Results from a Swiss Study of Local Associations

The paper presents results from the Swiss case of the European comparative project CID (Citizenship, Involvement, Democracy). This project examines the relationship between political institutional assets and civic and political engagement in several Western and Eastern European countries. The paper seeks to investigate how civic engagement can be generated and shaped by a given institutional and political context as well as by a peculiar community size. The central hypothesis is that the context affects the character of local participation. To verify this, the papers examines two different Swiss cantons: the German speaking Canton of Bern and the French speaking Canton of Vaud. Moreover, for each canton, four local communities of different size have been selected. This research design discusses how participation is fostered by a more open political opportunity structure (the German canton), and how this combines with the size of the community.     

婚约“彩礼”返还之法理分析

彩礼作为婚约的伴生物已存在了几千年,我国婚姻法对婚约效力的忽略导致了彩礼法律属性的混乱.为解决实践中的问题,最高人民法院司法解释规定了彩礼返还的3种情况,在一定程度上解决了司法实践中的不一致现象,具有一定的实际意义.因此,有必要对彩礼的法律属性做进一步分析,确定其赠予合同的性质.婚姻法应明确婚约无效的规定,为彩礼的有条件返还确立法律上的依据.     

Partisan Media and Engagement: A Field Experiment in a Newly Liberalized System

How does media exposure affect political engagement in newly liberalized systems? Some celebrate newly vibrant and diverse media, believing that they mobilize citizens. Others worry that these outlets, which are often partisan, dampen engagement. We theorize that exposure to political programming engenders interest in politics irrespective of program bias, but that interest does not necessarily beget action. Partisan media affect participation only when altering attitude strength, and thus motivations. To evaluate media effects on interest and participation, we conducted a field experiment in Ghana, in which subjects in tro-tros (commuter vans) were randomly exposed to different types of live talk radio. We find that partisan and nonpartisan media increased political interest, but not participation. Instead, exposure to alternate perspectives on cross-cutting media (i.e., those biased against subjects’ partisan preferences) heightened ambivalence and dampened participation, measured as signing a petition to parties. Partisan media simultaneously increased interest and decreased participation.     

Vote Oswego: Developing and Assessing the Campaign-as-Course Model

College campuses have taken on increased responsibility for mobilizing young voters. Despite the discipline’s commitment to civic engagement, political science departments play a minimal role in this programming. This article outlines a course structure—including learning objectives, course outline, and assessments—that treats a campus-wide voter mobilization drive as the basis of an applied political science course. Transforming a campus voter mobilization program into a political science practicum offers advanced skill-building for students seeking political careers and links learning objectives to real world activities. Participants report gains in both knowledge of campaigns and grassroots campaign skills. We argue this type of course particularly benefits students attending colleges and universities in geographic areas that receive little attention from political campaigns as well as those students for whom the traditional route of gaining political experience—an unpaid, off-campus internship—is impractical or even impossible.     

A tango by two superpowers: China-US cooperation in trilateral aid and implications for their bilateral relations

The US-China relationship continues to be characterized by both competition and cooperation in recent years. Cooperation in the development sector is one little-known new aspect of such cooperation. This paper therefore examines why and how the two superpowers have undertaken cooperation in trilateral aid projects, and implications for bilateral relations. By tracing China-US policy engagement on development cooperation and examining their most recent trilateral aid project in the Asia-Pacific region, the paper argues that the US aims to use trilateral aid cooperation to engage with China and shape it into a responsible stakeholder, while China uses trilateral cooperation to build a cooperative image and facilitate the broad China-US relationship.     

The Impact of Power and Civic Engagement in the Decentralized Management of Natural Resources: The Case of Turkey

Decentralization is an extensively discussed topic within academic and institutional circles worldwide. While a common argument for decentralization is that it fosters democratic deepening, counterarguments cautiously point to unequal access to resources and distribution of power as factors that inhibit democratization. This study contributes to the literature on the relationship between decentralization and democratization through a comparative study of Water User Associations in two provinces of Turkey and shows in line with the literature that resource and power inequalities hamper the link between decentralization and democratization. However, as this article shows, civic engagement can generate “countervailing power” that can overcome the negative impact of such inequalities. Copyright © 2017 John Wiley & Sons, Ltd.     

Conceptualising the policy engagement of interest groups: Involvement,access and prominence

While much progress has been made in empirically mapping and analysing a variety of interest group activities in the last decade, less attention has been devoted to conceptual work that clearly defines and distinguishes different forms of policy engagement. This article contributes to this endeavour by developing a theoretical framework that explicitly links currently available measures of the policy engagement of groups to the distinct concepts of group involvement, access and prominence. It argues that greater conceptual clarity will lead to better accumulation of knowledge in the sub‐field and a better understanding of the role of interest groups in political systems.     

Does U.S. Marine Corps Recruit Training Constitute a Type of Civic Education?

In what respects can military basic training affect veterans’ civic identities? According to a 2015 report published by the National Conference on Citizenship (NCoC), military service positively affects civic health. While social scientists have also noted this possible connection, little attention has been paid to how and why this link might exist. To test the purported relationship between military training and increased civic capacities, I explored the United States Marine Corps’ (USMC) Recruit Training program. I conducted 20 semi-structured, in-depth interviews with 17 enlisted Marine veterans and Marine drill instructors (DI) to ascertain their perceptions of the pedagogical aspirations of their service’s recruit training. The study’s participants reported that Marine Corps Recruit Training does seek to inculcate skills, values, and habits that are consistent with a civic identity as discussed in the civic-engagement and civic-education literature.     

The Role of Citizen Participation and the Use of Social Media Platforms in the Participatory Budgeting Process

In the United States participatory budgeting (PB) is a relatively new and innovative approach to municipal budgeting that has implications for improving the role of citizen participation in the budgetary process. The research is based on personal interviews with local community leaders involved in the PB process in the 49th Ward of Chicago, Illinois; the 6th Ward of St. Louis, Missouri; and the City of Boston, Massachusetts. Highlights are provided of the specific experiences and perceptions of these community leaders with a particular emphasis on the use of social media platforms in engaging citizens in the PB process. This article concludes with recommendations for creating a PB infrastructure, for increasing citizen participation in the PB process, and for assessing and increasing the impact of PB in cities within the United States.