作为德国行政法上的一个重要术语,Bestandskraft des Verwaltungsaktes在中国行政法上被译为“行政行为存续力”,其在内涵上系“行政行为上存在或存续的法律效力”之义,在外延上主要包括保障行政行为自身合法存续的效力及行政行为的形...作为德国行政法上的一个重要术语,Bestandskraft des Verwaltungsaktes在中国行政法上被译为“行政行为存续力”,其在内涵上系“行政行为上存在或存续的法律效力”之义,在外延上主要包括保障行政行为自身合法存续的效力及行政行为的形式效力两个方面的内容。目前,我国学者对德国行政行为存续力理论的理解和认识还不尽全面和准确。我国在学习、借鉴德国行政行为存续力理论时,唯有在继受的基础上对相关概念和术语予以本土化的改造和发展,方能建立符合中国现实国情的行政行为存续力理论。受汉语语言符号及汉语语言文化的双重制约,中国行政法之行政行为存续力、行政行为形式存续力及行政行为实质存续力术语应该具有其不同于德国行政法的特定内涵,中国行政法之行政行为存续力理论应该是与汉语语言及文化高度和谐统一、“两质态论”与“三效力说”下的行政行为效力理论。展开更多
The article seeks to elucidate the status of transcendence in the historiography of secularization through the perspective of collective memory. It discusses two typological models dealing with the basic metaphysical ...The article seeks to elucidate the status of transcendence in the historiography of secularization through the perspective of collective memory. It discusses two typological models dealing with the basic metaphysical problem concerned with the presence and meaning of transcendence in real human existence. According to the first, the historical reality of secularization causes a break from the collective memory whose roots are in religion. In contrast, the second model considers that despite the deep transformations in the status of religion in a reality of secularization, an experience of historical continuity may also occur there. These models denote the two poles in the argument about the meaning and value of history for modem people. The article suggests a phenomenological analysis of the two models and criticizes their deficiencies. Finally, the "tension model" is outlined as a third alternative that aims at overcoming the binary situation created by the first two in favor of a perspective that necessitates and contains both immanence and transcendence.展开更多
With the issue of climate change increasingly restricting the sustainable development of society, people must realize that we must control atmospheric concentrations of greenhouse gases at a certain level. However, th...With the issue of climate change increasingly restricting the sustainable development of society, people must realize that we must control atmospheric concentrations of greenhouse gases at a certain level. However, the traditional model of economic development will lead to human demand for energy continuing to grow, followed by a growth in emissions of carbon dioxide. Obviously we must ensure that there is rapid economic development, but also to protect the human living environment, which is a very sharp contradiction. A good solution to this conflict is to take a new model of development --- a low-carbon economy. The so-called low-carbon economy refers to the reduction of greenhouse gas emissions, the application of new technologies, new materials and new practices, etc., through improvements, optimization or innovative production and business activities, to achieve the maximum degree of reduction of greenhouse gas emissions, and the formation of a new economic development model, the goal is to mitigate climate change and promote sustainable human development. On how to develop a low-carbon economy, domestic and foreign scholars have been studied from many angles, one of which is a consensus to reduce greenhouse gas emissions through the development and use of low-carbon technologies.展开更多
文摘作为德国行政法上的一个重要术语,Bestandskraft des Verwaltungsaktes在中国行政法上被译为“行政行为存续力”,其在内涵上系“行政行为上存在或存续的法律效力”之义,在外延上主要包括保障行政行为自身合法存续的效力及行政行为的形式效力两个方面的内容。目前,我国学者对德国行政行为存续力理论的理解和认识还不尽全面和准确。我国在学习、借鉴德国行政行为存续力理论时,唯有在继受的基础上对相关概念和术语予以本土化的改造和发展,方能建立符合中国现实国情的行政行为存续力理论。受汉语语言符号及汉语语言文化的双重制约,中国行政法之行政行为存续力、行政行为形式存续力及行政行为实质存续力术语应该具有其不同于德国行政法的特定内涵,中国行政法之行政行为存续力理论应该是与汉语语言及文化高度和谐统一、“两质态论”与“三效力说”下的行政行为效力理论。
文摘The article seeks to elucidate the status of transcendence in the historiography of secularization through the perspective of collective memory. It discusses two typological models dealing with the basic metaphysical problem concerned with the presence and meaning of transcendence in real human existence. According to the first, the historical reality of secularization causes a break from the collective memory whose roots are in religion. In contrast, the second model considers that despite the deep transformations in the status of religion in a reality of secularization, an experience of historical continuity may also occur there. These models denote the two poles in the argument about the meaning and value of history for modem people. The article suggests a phenomenological analysis of the two models and criticizes their deficiencies. Finally, the "tension model" is outlined as a third alternative that aims at overcoming the binary situation created by the first two in favor of a perspective that necessitates and contains both immanence and transcendence.
文摘With the issue of climate change increasingly restricting the sustainable development of society, people must realize that we must control atmospheric concentrations of greenhouse gases at a certain level. However, the traditional model of economic development will lead to human demand for energy continuing to grow, followed by a growth in emissions of carbon dioxide. Obviously we must ensure that there is rapid economic development, but also to protect the human living environment, which is a very sharp contradiction. A good solution to this conflict is to take a new model of development --- a low-carbon economy. The so-called low-carbon economy refers to the reduction of greenhouse gas emissions, the application of new technologies, new materials and new practices, etc., through improvements, optimization or innovative production and business activities, to achieve the maximum degree of reduction of greenhouse gas emissions, and the formation of a new economic development model, the goal is to mitigate climate change and promote sustainable human development. On how to develop a low-carbon economy, domestic and foreign scholars have been studied from many angles, one of which is a consensus to reduce greenhouse gas emissions through the development and use of low-carbon technologies.