学术史视野下近代中国土地征收思想的演进

近代中国征地思想伴随着晚清土地所有权观念的产生及在法律中的实践而逐渐被人们接受,并随着世界征地思想的发展而演变,经历了一个由纯粹法理上的引入到实际解决中国土地问题的过程。在学者和政府的共同推引下,学界形成了一个对征地制度及其运行实践的精神、学理、原则、条文内容进行阐释的研究体系。     

论中国出版资本运营的现实选择

中国出版资本具有国有垄断、逐利性不强以及上市资本勃兴的特点。在国家文化产业体制改革向纵深推进的大背景下,出版业加强资本运营将是实现发展的有效途径。根据其自身特点,指出中国出版资本运营的现实选择包括产权重组、借壳上市、战略联盟三大途径。     

乡村居民的环境维权问题解析

随着乡村工业的扩张,乡村环境持续恶化,有的地方已经不适宜人类居住。面对外源污染,乡村居民为了维护自身权益作出了艰苦卓绝的抗争,可是收效甚微。为了剖析乡村居民环境维权的艰难处境,选择典型案例从多个维度对农民的环境维权和经济维权做了比较:从权利意识角度看,环境维权具有被动性;从侵权影响角度看,环境维权具有复杂性;从维权行动角度看,环境维权具有公益性、要求高、变数多、成本高等特点。     

The contribution of the United Nations Convention on the Rights of the Child to understanding and promoting the interests of young people making the transition from care to adulthood

The United Nations Convention on the Rights of the Child (UNCRC) acknowledges that young people without parental care are entitled to special support and assistance from the State. In detailing their expectations, the UN Committee have issued Guidelines for the Alternative Care of Children which recognise that State parties have a number of responsibilities towards care leavers. The paper explores how the UNCRC reporting process, and guidelines from the Committee outlining how States should promote the rights of young people making the transition from care to adulthood, can be used as an instrument to track global patterns of change in policy and practice. Content analysis of State Party Reports and Concluding Observations from 15 countries reveals that to date there has been limited engagement with understanding and promoting the needs of this group in the reporting process; although where a government is committed to developing legislation and practice then this does find its way into their national reports. Data supplied by affiliates of the International Research Network on Transitions to Adulthood from Care (INTRAC) reveals that national concerns, political ideology, public awareness, attitudes and knowledge of the vulnerability of care leavers influence service responses to protect and promote the rights of this group and the attention afforded to such issues in reports to the Committee. Findings also suggest that global governance is not simply a matter of top down influence. Future work on both promoting and monitoring of the impact of the UNCRC needs to recognise that what is in play is the management of a complex global/national dynamic with all its uneven development, levels of influence and with a range of institutional actors involved.     

Agreement on water and a watered-down agreement: The political ecology of contested coastal development in Down East, North Carolina

In 2006, land use planning emerged as a contested issue in the rural area known as ‘Down East’, Carteret County, in eastern North Carolina, USA. Down East is experiencing a transition from a commercial fishing to an amenity economy and concerns about related changes led to the formation of ‘Down East Tomorrow’ (DET), a grassroots group that proposed a one-year development moratorium in order to facilitate a community planning process. In this paper, we use political ecology to examine the fate of the moratorium as reflected in the public written record, primarily minutes of meetings of the Carteret County Board of Commissioners. We illustrate how issues of community, science, and governance were linked to an increasing focus on coastal water quality in the debate, and argue that this focus facilitated a switch by the Board from considering a development moratorium to adopting a conservation ordinance, one that fell short of addressing DET’s concerns. This outcome illustrates the power of formal political institutions in ’First World’ environmental conflicts and the difficulties of reconciling competing values associated with land use in areas of transition, especially where historical resistance to planning has been the norm.     

‘No‐one respects them anyway’: secondary school students’ perceptions of human rights education in Turkey

The incorporation of compulsory courses on human rights into the secondary school curriculum in 1998 has been an important first step in developing respect for human rights and responsibilities among the younger generation in Turkey. Yet, these courses have many shortcomings in terms of materials, pedagogy and teacher attitudes. This paper explores Grades 7 and 8 (ages 13 and 14) students’ experiences in Citizenship and Human Rights Education courses on the basis of qualitative data collected through focus group discussions in Ankara and Istanbul in the 2006–2007 academic year. The responses of the students indicate that these courses have had little impact in empowering students or in facilitating them to consider their own or others’ human rights as an integral part of their lives. Rather, the students perceive the national and the global arena as characterized by mass human rights violations against which they feel powerless. The paper draws attention to the importance of a revised human rights education for students along with a global focus and appropriate methodology.     

Do public representatives in local governments know about “disability rights” in Pakistan? An awareness assessment case from Southern Punjab

Local self-government systems have been adopted in many countries to supervise local interests in development and provide a range of goods and services to localities. It is believed that awareness of certain issues itself guides duty-bearers to reshape and divert development in a certain direction. In Pakistan, elected representatives in district governments are the key duty-bearers at the local level. Hence, their awareness is indispensable to decision-making for local development and, thus, it is pertinent to assess it from a disability rights perspective. In-depth information collected from two districts has reflected that most of the public representatives are ill-informed about disability, day-to-day problems of disabled persons and their rights, which results in inadvertently disability-biased local development planning. An overriding impression gained from the results is that raising elected representatives’ awareness on disability and the rights of disabled people is imperative to embracing disability rights practice in local development.     

从《荒原》看艾略特诗歌的后现代性

T.S.艾略特被公认为现代派诗歌的代表,但他的代表作《荒原》中将生死边界消融、宗教理想融合的观点体现了后现代所弘扬的多元统一的理念。而缺乏中心情节的断片式呈现,以及对神话传说的复制拼贴是后现代主义诗歌常用的技法。     

宪法物质帮助权的理论建构

物质帮助权被大多数国家确立为公民的一项宪法权利,它是指公民享有的获得国家生存保障的权利。物质帮助权是社会保障制度的本源.物质帮助权理论的建立和完善对于从宪法层面指导我国社会保障制度的发展具有深远意义,有助于维护社会弱势群体利益,实现社会公平正义。     

婚约的性质和效力

婚约作为人类社会中一项法律制度,有着悠久的历史,在我国可追溯到西周。由于立法者对婚约的误读,我国现行婚姻法没有对婚约作出立法规定,而在我们现实生活中婚约仍然大量存在,并呈现出不同于古代婚约的许多新特征。就婚约性质而言,婚约是具有一定效果意思的表示行为,具有伦理性的特点,宜归为亲属法上的契约;就婚约的效力特征来说,基于对自由价值的保护,婚约作为一种亲属法上的契约,其权能受到限制,不得基于婚约提起缔结婚姻的诉讼或者缔结婚姻的判决不予执行,无强制力,因此,是类似自然债务的不完全债权。