中国企业发展战略的文化思考

迎接经济全球化的挑战,适应知识经济发展的社会,加大企业改革的力度,都需要加强企业化建设。企业化作为管理理论、管理思想和管理方式,对网络经济和确定以人为本的现代意识,对形成和谐管理的方式,都具有十分重要的作用。实施企业化管理,建设企业化,应该将企业家化的形成、优良传统的继承、讲求个异化特征放在重要位置加以重视。     

思想路线问题是中国革命和建设的一个根本问题

能否坚持实事求是的思想路线问题,是中国革命和建设的一个根本问题,它关系到中国革命和建设需不需要马克思主义科学理论的指导,关系到我们能否把握到中国革命和建设的真谛,关系到我们能否把中国革命和建设从一个胜利推向另一个胜利.在新时期新阶段,面对复杂多变的客观形势,要坚持好实事求是的思想路线,必须有正确的立场,必须有一种批评与自我批评的精神,必须要以民主作保证,必须要有一种坚持真理的勇气,必须要以不断提高我们的能力作保证.     

加快调整二元结构大力促进城乡一体化--对北京城市化问题的分析与思考

本文客观评价了目前北京城市化所处水平,指出当前北京城市化进程中主要面临的问题,提出了加快二元结构调整、促进城乡一体化的两点思路:一是调整空间布局,疏解中心功能,增强郊区发展动力,优化城区发展环境;二是加强域外合作,促进资源整合,构建都市经济圈,联动城乡一体化.     

In Pursuit of a Balance: the Regulation of Conscience and Access to Sexual Reproductive Health Care

In any given society, rights are said to co-exist. When rights, however, begin to conflict, a balance must be sought. In few fields has the ability of governments to accommodate two conflicting sets of rights been so controversial as it has in the case of conscientious objection (CO) in reproductive health care. Today, states have an obligation under international law to protect the right to the freedom of thought, conscience, and religion of medical providers. They also, however, have an obligation to protect right to the highest attainable standard of health and other fundamental rights of women. Considering the extent to which CO has been invoked in the context of reproductive health care, international law recognizes limits to its use. Over the years, human rights bodies have sought to develop guidelines around CO in order to ensure the protection of women’s basic rights. While some state practices have shown to be consistent with guidelines established at the international level, some countries have struggled to provide an effective balance so as to protect women’s fundamental rights. Taking the example of countries in Latin America and Europe, this article provides an overview of the different ways states have sought to regulate CO in the medical context and the various difficulties ensued.     

对依法行政若干问题的思考

根据国务院提出的全面推进依法行政决定精神，本探讨了依法行政的内涵和要求，提出了实现依法行政的内部和外部条件。对如何正确理解依法行政、如何适用行政法律规范、行政程序法在依法行政中的地位和作用等问题结合行政管理和执法实际，提出了一些观点和看法。     

论审判权运行机制改革

审判权运行机制改革主要是为了贯彻中央关于深化司法体制和工作机制改革的总体部署，适应公正司法的要求，建立符合司法规律的审判权运行模式，优化配置审判资源，加强独任法官、合议庭办案责任制，维护独立审判原则，最大程度地满足人民群众对公平正义的需求，提高司法公信，树立司法权威。人民法院将着重设计具体的审理工作程序，使合议庭、审委会回归其审判组织的属性，强化审判责任，切实做到“让审理者裁判，由裁判者负责”。     

Terrorism and pork-barrel spending

The horrifying, tragic events of 9/11 made Americans aware of their vulnerability to terrorist attacks and triggered the creation of the Department of Homeland Security along with a substantial increase in federal spending to both thwart terrorist attacks and to increase our ability to respond to such emergencies. Much of this large increase in spending was in the form of direct transfers to states and cities through several grant programs. Homeland Security grants may be used for protection against terrorist activities, thereby enhancing public interests, or as wealth transfers to state and local governments, enhancing the reelection efforts of incumbents, and thus, private interests. Using 2004 per capita Homeland Security grant funding to states and their cities, we find that the funding formula used for some of the grant programs, which allocates almost 40% of the funds in some grant programs through a minimum percent to each state with the rest allocated based on population, means that per capita funding is related to electoral votes per capita, i.e., to the politics of Presidential re-election. However, the funding in other grant programs is also related to some of the dangers and vulnerabilities faced by states and their cities. Some of the variation in per capita grant allocations is also explained by the amount of airport traffic in the state and the state's population density, which are variables closely linked to the state's vulnerability to attack. Per capita Homeland Security grant allocations, however, do not seem to be related to the closeness of the 2000 presidential race.     

Constraining war: Human security and the Human right to peace

Conclusion The explicit articulation of a cosmopolitan conception of human security and a corresponding right to peace is a positive development in global politics, inasmuch as it decenters the state in our understanding of the human community and delegitimizes organized violence as the generally accepted means for the “continuation” of realist politics. I have argued that just war theory, when defined in suitably narrow fashion, helps to contribute to our thinking on issues of human security in several ways. First, it provides a stringent normative framework for a reasonable humanitarian justification of the resort to force. Second, it enables us to conceptualize significant moral and legal constraints on war and thus on the powers of states to wage war, thereby displacing the use of force from the statist paradigm of security. Third, it contributes to the delegitimation of unjust wars, that is, military actions undertaken for any purposes other than human security. Fourth, insofar as it provides a justificatory basis for the increasing demilitarization of society, it may influence the progressive and just pacification of global politics. As long as the types of human wrongs that present the gravest threats to human security continue to haunt the global community, there remains a need to be able to respond effectively so as to protect the rights and well-being of individuals. This need poses a genuine dilemma for humanitarian morality and politics, insofar as many of the military capabilities required to defend and to aid vulnerable persons can also be the source of threats to human life and welfare. Yet the existence of this dilemma need not lead us either to apathy or to cynicism. The nexus of human security, the right to peace, and just war theory offers a resolution to the traditional security dilemma by challenging the realist rationale for aggressive militarism, and by supporting the emergence of global security structures and processes guided by the humanitarian norms of just peace. *** DIRECT SUPPORT *** A28BB021 00002     

全球经济进入"低增长陷阱"背景下的中国财税改革研究

随着全球经济进入低增长阶段,政府宏观政策的多样化和有效性在经济周期中的调控作用不断提高.政府进行的新一轮财税制度改革既是应对全球经济低增长、国内经济换挡、中美贸易战等的重要举措,也是延续分税制改革、缓解土地财政压力和降低地方债务风险的必然结果.新一轮财税制度改革通过维持增值税"五五分享"比例以稳定和调整增值税留抵退税分担机制,后移消费税征收环节并稳步下划地方以保障地方财政收入和提高地方财政支出能力,减税降费以刺激企业创新,合理化收入分配制度以扩大内需,最终实现经济的稳定增长.新一轮财税制度改革取得预期效果,还需要完善转移支付制度、预算管理制度、债务管理制度、信息披露制度等,保障政策落到实处.     

试论中国政治发展进程中的乡镇长选举制度改革

目前、四川、山西、广东深圳等地所进行的乡镇长选举制度改革尝试的实质是政治参与水平和层次的提高与扩大，符合中国民主政治发展的长远方向。但在当前这个转型的关键时期，将这种改革尝试向更大的范围和更高的更次推广的时机尚不成熟。对当前的政治发展与政治稳定而言，遏制腐败蔓延比发展政治民主更重要，提高政府能力比扩大政治参与更重要，发展党内民主比发展党外民主更重要。     

Lewis S. Feuer: The Scholar as Intellectual

The career of Lewis S. Feuer spanned several disciplines—Philosophy, Sociology, Politics, and History (especially the History of Ideas); his books and articles covered several centuries, and were devoted primarily to exposing the emotional undercurrents that animated the thought of intellectuals. Feuer tended to be highly suspicious of intellectuals, because they were susceptible to the allure of ideologies, which masked a dangerous will to power. His greatest achievement was to connect the contours of political and social thought to the drives of persons and to the context of institutions; his greatest limitation was to miss, at least in the United States, the deeper problem of popular hostility to science and to knowledge itself.     

十八届四中全会司法改革新举措之解读

党的十八届四中全会《决定》明确了一系列司法改革新举措,对司法体制改革作出新的重大部署。最高人民法院设立巡回法庭,探索设立跨行政区划的人民法院和人民检察院,建立领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究制度,从制度和体制上防范和禁止地方行政权力干涉,保障审判权、检察权依法独立行使;推进以审判为中心的诉讼制度改革,实行审判权和执行权相分离体制,探索建立检察机关提起公益诉讼制度,实行立案登记制,从司法权运行机制和职能定位上强化司法权威,促进公正司法,保障国家和公民权益。     

Congressional Responses to the Rehnquist Court's Federalism Decisions

Scholars who have sought to assess the consequences of the RehnquistCourt's federalism decisions have identified various means bywhich Congress can overcome the effects of these rulings, butthere have been few efforts to investigate the degree to whichCongress has employed these means. This study finds that Congresshas enjoyed limited success in responding to the Court's rulings.Significantly, though, the failure to overcome the effects ofthese decisions is rarely attributable to the fact that theCourt's constitutional doctrines have erected insurmountablebarriers to congressional action. Rather, the Court's decisionshave forced congressional supporters of the invalidated statutoryprovisions to build and hold political coalitions in supportof the repassage of these laws, and this has frequently provedto be difficult to accomplish, whether due to a lack of enthusiasmfor such efforts, conflicts with other policy goals, or oppositionfrom other groups.     

Constructing and contesting legitimacy and accountability in polycentric regulatory regimes

The legitimacy and accountability of polycentric regulatory regimes, particularly at the transnational level, has been severely criticized, and the search is on to find ways in which they can be enhanced. This paper argues that before developing even more proposals, we need to pay far greater attention to the dynamics of accountability and legitimacy relationships, and to how those in regulatory regimes respond to them. The article thus first seeks to develop a closer analysis of three key elements of legitimacy and accountability relationships which it suggests are central to these dynamics: The role of the institutional environment in the construction of legitimacy, the dialectical nature of accountability relationships, and the communicative structures through which accountability occurs and legitimacy is constructed. Second, the article explores how organizations in regulatory regimes respond, or are likely to respond, to multiple legitimacy and accountability claims, and how they themselves seek to build legitimacy in complex and dynamic situations. The arguments developed here are not normative: There is no “grand solution” proposed to the normative questions of when regulators should be considered legitimate or how to make them so. Rather, the article seeks to analyse the dynamics of legitimacy and accountability relationships as they occur in an attempt to build a more realistic foundation on which grander “how to” proposals can be built. For until we understand these dynamics, the grander, normative arguments risk being simply pipe dreams – diverting, but in the end making little difference.     

政绩观的扭转与绩效评估的推进

文章通过在我党执政过程中,政绩观由不自觉到自觉,由正面积极价值到反面消极价值,再由形而上学趋向科学等一系列起伏转变的描述,引发了对我国行政体制、选用人机制、文化管理等若干方面改革的思考;以对形而上学政绩观和科学政绩观的特征描述为基础,分析了它们存在的条件以及由前者转为后者的路径;通过探讨政绩观与绩效评估之间的关系,指出坚持科学的政绩观是开展绩效评估的前提,绩效评估的正确开展有助于科学政绩观的彻底确立,绩效评估本身则是一具有规模性前途的市场。     

Advancing Human Rights Policy: Does Grassroots Mobilization and Community Dispute Resolution Matter? Insights from Chiapas,Mexico

This research examines the impact of grassroots organizing at the community level in Chiapas, Mexico, to address problems associated with human rights advocacy and implementation. Traditionally, the nation‐state has had the primary responsibility to address issues pertaining to human rights violations and the enforcement of international human rights principles and treaties. Local political struggles and acts of resistance by disenfranchised groups in Mexico offer insight to understand the impact of indigenous and other social movements in furthering human rights. Indigenous populations in the state of Chiapas use local community dispute resolution to contest the inadequacy of the state in responding to the problems that give rise to poverty, lack of human dignity, educational access, racial and ethnic discrimination, lack of political participation in government and the right to equality in economic, social, and political sectors. Drawing from research based on participant observations in Chiapas, Mexico, there is some evidence to suggest that since the 1994 EZLN (Zapatista National Liberation Army) uprising several micro‐level political and social movements have contested the power of the state through symbolic and pragmatic organizing efforts. These groups include, but are not limited to, nongovernmental organizations (NGOs), women's groups, and indigenous groups. After the Zapatista uprising, these groups were instrumental in making claims against the state through numerous activities: protests to end the war, the development of NGOs to observe human rights violations, civilian‐based Zapatista support groups (base de apoyo), peace camps, and open dialogue with the EZLN. I argue that collective mobilization in local communities serves both symbolic and pragmatic efforts in helping disenfranchised groups empower themselves to address economic, social, and political inequality. Local‐level activism has fueled a sense of self‐empowerment to change state institutional responses and to involve sectors of civil society domestically and internationally to initiate a proper resolution of issues that are fundamentally related to human rights.     

Good government and sustainable anti-corruption strategies: A role for independent anti-corruption agencies?

Aid donors are increasingly seeking to link assistance to sustainable reform, including the provision of a responsible and responsive political and legal framework, the improvement of recipient countries' social, health and educational prospects, and the promotion of economic development and liberalization. Much attention is given to the first of these because of the size and cost to the state and the perceived constraints it exercises on the longer-term changes to the economy and society; in general terms, good government is an essential precondition for good governance and economic development. Increasingly donors have focused on corruption, both as a core obstacle to the encouragement of good government, and on the steps taken to dealing with it as evidence of commitment and the will of recipient countries to their introduction. While the types of activity associated with corruption are readily identifiable, as are the means to attempt to deal with it, it is usually much more difficult to determine effective implementation, particularly with limited resources at a time when longer-term political and economic reforms are also being promoted. It is therefore especially important that, in relation to corruption and good government, a practicable, effective and sustainable means is available to deal with corruption from preventative, investigative and reform perspectives.     

State and standards

In this paper a new economic approach to standardization has been presented. Standardization has been regarded as a problem ofgradual choice. An individual chooses to apply more or less standards within a hierarchy of standards. With this decomposition of standards, the problem of strategic market power becomes less important than in the traditional models of standardization. It becomes possible to analyze the problems of network externalities within a framework of non-strategic behavior and to apply the tools of the traditional theory of externalities and public goods. While decentralized action may lead to too little standardization, committees may overcome this deficiency to some extent, but bureaucracies are likely to lead to overstandardization. In the empirical section of the paper it has been shown that our approach can be applied to the standard-setting process in languages, railroads, and telecommunications. In all three cases the tendency of bureaucracies to generate more standardization than committees has been corroborated.The authors are indebted for helpful comments to the participants of the Berlin Seminar on Political Economy and of the colloquium Algemene Economie, Rijksuniversiteit Groningen, and to A. Roemer, Saarbrücken.     

Justice and Culture: Rawls, Sen, Nussbaum and O'Neill

Is it possible, in a multicultural world, to hold all societies to a common standard of decency that is both high enough to protect basic human interests, and yet not biased in the direction of particular cultural values? We examine the recent work of four liberals – John Rawls, Amartya Sen, Martha Nussbaum and Onora O'Neill – to see whether any of them has given a successful answer to this question. For Rawls, the decency standard is set by reference to an idea of basic human rights that we argue offers too little protection to members of non-liberal societies. Sen and Nussbaum both employ the idea of human capabilities, but in interestingly different ways: for Sen the problems are how to weight different capabilities, and how to decide which are basic, whereas for Nussbaum the difficulty is that her favoured list of capabilities depends on an appeal to autonomy that is unlikely to be acceptable to non-liberal cultures. O'Neill rejects a rights-based approach in favour of a neo-Kantian position that asks which principles of action people everywhere could consent to, but this also may be too weak in the face of cultural diversity. We conclude that liberals need to argue both for a minimum decency standard and for the full set of liberal rights as the best guarantors of that standard over time.     

Intervention and Statebuilding Beyond the Human: From the ‘Black Box’ to the ‘Great Outdoors’

This article analyses intervention and statebuilding as shifting towards a posthuman discursive regime. It seeks to explore how the shift to ‘bottom-up’ or post-liberal approaches has evolved into a focus upon epistemological barriers to intervention and an appreciation of complexity. It attempts to describe a process of reflection upon intervention as a policy practice, whereby the need to focus on local context and relations – in order to take problems seriously – begins to further undermine confidence in the Western episteme. In other words, the bottom-up approach, rather than resolving the crisis of policy practices of intervention, seems to further intensify it. It is argued that the way out of this crisis seems to be found in the rejection of the aspiration to know from a position of a ‘problem-solving’ external authority and instead to learn from the opportunities opened up through the practices of intervention. However, what is learnt does not seem to be able to fit into traditional modes and categories of expertise.