论民法上恶意串通行为之效力

我国民法上关于恶意串通损害第三人利益的行为无效之规定,系在前苏联民法立法和理论的影响下产生的,该规定不具体分析当事人与第三人的利益关系,也不区分行为人意思表示之真实与否,这样一项极其含糊的规定,在实践中极易被曲解和误用,其实际效果必然与立法初衷相悖,是一项不合理的规定,故在今后我国制定民法典时应予取消,对于涉及第三人利益的法律行为之效力,应当斟酌具体情况,加以规定。     

第九届"亚洲社会论坛"综述

在经济全球化和区域合作不断发展的背景下,在亚洲各国和地区,以三方协商机制为主的社会对话与合作,应当以保障劳动者合法权益、促进劳动关系的和谐发展为目标,建立诚实互信的社会环境以及完善相关立法.在具体的制度建设上,不同国家和地区可以选择不同形式,积极探索与自身情况相适应的劳动关系协调模式.     

从回应到协作:治理、公民与未来的公共行政

新公共管理运动要求政府和公共机构将公民当作客户 ,积极回应公民。这隐含着把公民视作公共服务和公共产品被动接受者的危险 ,忽视了与公民之间开展协作。作者对这一做法提出质疑 ,强调要加强政府和公共机构与公民以及其他社会参与者之间的协作和伙伴关系     

恶意透支型信用卡诈骗司法认定中若干疑难问题探析

最高人民法院、最高人民检察院联合发布的《关于办理妨害信用卡管理刑事案件具体应用法律若干问题的解释》对恶意透支作出了进一步规定,并确定了"经发卡银行两次催收后超过三个月仍不归还"的限制条件。但在司法实践中,对于如何理解经发卡银行两次催收后超过三个月仍不归还、两次催收的认定、三个月的宽限期计算等问题仍存在争议,本文试对以上几个问题进行探讨。     

Exploring the Effects of North–South and South–South Research Collaboration in Emerging Economies,the Colombian Case

International research collaboration (IRC) is associated with both positive and negative effects on the performance of research in emerging economies. While some authors claim that North–South collaborations improve scientific quality and visibility for Southern countries, others claim that it may entail the reorientation of research to comply with Northern agendas. South–South collaborations are thought to increase the focus on local affairs, therefore leading to a relatively small number of scientific international publications appearing in “high quality” journals. Research on the impact of IRC beyond publications in international journals has been neglected despite the importance of other products in knowledge creation. This research uses a broad range of scientific outputs to empirically assess such assumptions and explore the outcomes of IRC in Colombia. Results from multivariate regressions and nonparametric analyses show that, contrary to common assumptions, Colombian research teams collaborating with partners from the global South report higher scientific production, while those collaborating with Northern countries seem to contribute to local knowledge the most.     

Network structure and collaborative innovation processes—A comparative analysis of two elderly service networks in Shanghai

How does the structure of government‐funded service networks affect the process of service innovation? We have conducted a comparative analysis of the structure and processes of collaborative innovation of 2 government‐funded community‐based elderly service networks in Shanghai. We have found that in consistent with the literature, a network that has a network administrative organization structure is better able to manage the process of service innovation in a way that balances the need to achieve government policy goals on the one hand and the imperative to facilitate bottom‐up citizen participation on the other. Surprisingly, contrary to what prior studies have suggested, we have found that a network in which a lead organization plays a dominant role, despite its more centralized process of service innovation, is often able to deliver a variety of high‐quality and low‐cost services addressing citizens' needs. With the leadership provided by the network lead organization and its close affiliation with the street‐office government, the network has been able to solicit government support. Such a hierarchical yet responsive state‐society relation has emerged as a result of the coalescence of a corporatist state legacy and an increasing pressure for local governments to seek citizens' support in service delivery.     

Public Services after Austerity: Zombies,Suez or Collaboration?

Public services—in the UK and elsewhere—are under considerable pressure, not just from austerity, but also from a variety of social, demographic and technological changes (in effect ‘austerity plus’). In this context, three broad options are open to policy‐makers: continue with tried‐and‐tested approaches while spending less money, which in the UK means a reliance on ‘New Public Management’ (NPM); withdraw completely from certain public services; or develop new approaches to public administration. We argue that all of these approaches have been attempted in recent years, but it is the final option that is most interesting and potentially the most beneficial. In this article, we examine experiments with these new approaches in responding to ‘austerity plus’. In particular, we examine various attempts at ‘collaboration’ in public services and discuss the risks associated with them. We conclude by setting out the extent to which policy‐makers have moved beyond NPM and suggesting some of the benefits that this could bring.     

Interorganizational Collaborations for Humanitarian Aid: An Analysis of Partnership,Community, and Single Organization Outcomes

Abstract

This article explores collaborative activities across organizational and sectoral boundaries. Interorganizational collaborations are an increasingly common setup to address societal needs; however, current research lacks insights into such collaborations and their outcomes. This study contributes to the existing literature by assessing empirically perceptions of interorganizational collaboration outcomes, considering different dimensions that should be measured when planning and performing tasks of social interest. The article is set in the context of disaster relief, where actors from different humanitarian relief organizations within the public and nonprofit sector engage in collaborative activities. I describe how interorganizational collaborations create outcomes for (1) the partnership structure that is established, (2) single organizational members involved in the collaborative activity, and (3) the community targeted by the interorganizational operation.     

The nonarrival of black freedom (c. 12.6.84)

This article seeks to mark the twentieth anniversary of the publication of Saidiya V. Hartman’s Scenes of Subjection: Terror, Slavery, and Self-Making in Nineteenth-Century America through a series of meditations on questions of time, embodied performance, the political concept of emancipation, and Oliver L. Jackson’s painting, Untitled 12.6.84, which graces the cover of this seminal work. This effort to recall Hartman’s argument regarding the nonevent of emancipation moves in the service of developing an understanding of the nonarrival of black freedom as a conceptual frame for addressing the recursive and untimely dimensions of black self-making. Ultimately, this article argues that Scenes of Subjection allows us to glimpse the making of worlds within the historical archive that fall outside of the normative horizons and expectations of political emancipation. Neither durable nor everlasting, neither verifiable nor guaranteed, such worlds take shape and dissolve within the mysterious rapport between the “could be” and the “not yet” and leave traces on the broken flesh of the black body.     

Network Governance as a Mechanism for Responding to Internet Violence

Jones, Hesterly and Borgatti (1997) proposed a general theory of network governance (GTNG), identifying conditions under which network governance is likely to develop and detailing four social mechanisms that protect and promote resource exchange and collaborative action within a network. This article applies their theory to the emerging problem of swatting—internet-based spoofing attacks that compel a SWAT response to a selected innocent victim. As this problem has not been addressed through traditional policy or law enforcement mechanisms, networks have emerged to respond to these attacks. The author details the parallels between these emergent networks and Jones et al.’s theoretical framework.