THE PRESS AND THE JUDICIARY： COURT AND JUDICIAL REPORTS IN THE PREss IN ENGLAND AND WALES

Western scholars have argued that image making and image management are a preoccupation of the judiciary. Images of the judiciary may take a variety of forms and be produced for kinds of audiences. One form of judicial image making and image management is live performances in the courtroom and other court settings. Another is the written judgment where the preoccupation is the style of the written text. Press and other mass media reports of judicial activity are another. The audience for judicial images is equally diverse, from fellow judges, lawyers in the courts and the wider legal community, the litigants before the courts to the executive, legislature and the public both in the courtroom and beyond. The image of the judiciary that is available to the public has a particular significance in Western rule of law democracies. As a general rule courts and the judiciary are required to operate in public and their activities must be open to public scrutiny. A recent policy manifestation of this goal is debated about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases public scrutiny of judicial activity and public confidence in the judiciary relies upon the media. Objective and accurate press and media reports play a key role in shaping public understanding of the judiciary and generating or undermining confidence in that institution. Reports in regional and national newspapers have long been an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. In the UK, there is almost no scholarship on these representations past or present. The result is little known about the representation of the courts and the judiciary in press reports. Little is known about what the diligent reader of these reports can learn about judicial activity. The aim of this article is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary domestic newspaper reports of court and judi     

论中国石油行业的反垄断法适用

中国《反垄断法》实施之后,面临对"国有经济占控制地位的关系国民经济命脉和国家安全的行业以及依法实行专营专卖的行业"适用的问题。以石油行业为例,通过反"行政垄断"来推动石油行业的反垄断不应是主导的指向,应当廓清"行政垄断"与依法管制之间的界限,在正确认识石油行业管制体制的形成的前提下,确立政府管制与反垄断法规制之间的协调原则,从结构和行为两个方面有效推进石油行业的反垄断适用。     

El Salvador: activists challenge law allowing pre-employment HIV testing

On 24 October 2001, El Salvador's national legislature passed a law allowing employers to impose pre-employment HIV testing on job applicants, although it also prohibits employers from discriminating against those who test HIV-positive.     

Legislative Oversight under the Nigerian Presidential System

Oversight function is a major component of the activities of modern legislatures irrespective of the form of government in practice. This study examines the extent to which the Nigerian legislature, characterised by infrequent appearances on the political scene and operating in an environment largely dominated by the executive arm, has performed its oversight role. The study, which is basically empirical, argues that the Nigerian legislature has been incapable of effectively performing its oversight role because, in addition to constraints like executive interference, crippling internal conflict, inexperience and high rate of members turnover hampering legislative efficiency, the legislature has compromised its role. However, occasional flashes of a measure of assertiveness by the legislature suggest that with effective mitigation of its internal problems its performance will improve as legislative culture deepens.     

借鉴与完善：遏制宗教极端主义的立法研究

我国打击宗教极端主义的立法不够清晰,限制宗教极端主义思想传播的法律制度落后。同时宗教管理也存在一定的缺陷。因此,须完善我国打击宗教极端主义的立法以及相关制度,要准确落实我国的宗教政策,将宗教限制在私人空间。在公共领域宗教并无自由。我国须加强国家意识和国民意识的教育,并完善打击宗教极端主义的相关立法。应当制定反恐法,将宗教极端主义行为及言论作为反恐法管制的对象之一。完善刑法规范以打击宗教极端主义。应当在刑法中增加“领导、组织宗教极端主义组织罪”、“领导、组织宗教极端主义活动罪”等,并完善互联网的相关立法。     

中國反壟斷法的妥協、衝突與協調

歷經13年的博弈與争論，中國反壟断法終于在各方或期待或質疑的聲音中，于2007年8月出臺了， 并于2008年8月正式開始實施。毋庸置疑，中國反塱断法的出臺，是中國市場經濟建設進程中的一件大事。這部法律對于促進市場競争、維護市場正常秩序必將起到决定性的作用。我國改革開放已推進到攻堅階段，反塱断法的出臺，不僅是鞏固現有成果的制度性保障，更是市場經濟繼續發展和完善的助推器。     

高管薪酬规范与法律的有限干预

The determination of corporate executive compensation is a kind of affiliated transactions including special conflicts of interest in the company. The regulation of executive compensation by law is extremely necessary but plays a limited role, and the scope and mode of such role are specific. The due process and information disclosure system in determining executive compensation prescribed in company law and securities law, the policy guidance of the tax legal regime, and the active and prudential judicial review are the three aspects of the regulation of executive compensation by law, the common goal of which is to ensure and enhance the correlation between executive compensation and corporate performance, i.e., the realization of the principle of “performance-based compensation.” Li Jianwei, Ph. D, is an associate professor of law at China University of Political Science and Law, and a visiting scholar at Faculty of Law, University of New South Wales, Australia. His major research is in corporate law, corporate governance and corporate management system, and his major works include: Corporate Law (RUC Press, 2008), Legal Regulation on Affiliated Transaction (Law Press, 2007), The Role of Law in Corporate Management (People’s Court Press, 2005), A Research on Independent Director System (RUC Press, 2004), A Research on the State-owned Exclusive Company (Law Press, 2002). Moreover, he has more than 30 articles released in core academic journals.     

A Note on Taiwan's National Security Council and its Role in Antiterrorism

While the U.S. struggled to quickly mobilize a coordinated national homeland security office after the September 11 attacks, the National Security Council (NSC) has been responsible for monitoring security in the Republic of China since the Nationalists moved to Taiwan in 1949. Although its primary mission has been to prevent Taiwan from being invaded by Mainland China, recent world events have awakened us to a need for security, a need that seemed to have faded away after the end of the Cold War. Although not a strong probability, Taiwan is still a possible target of terrorism because of its close relationship with the U.S. Thus, it is worthwhile to explore the role of NSC in antiterrorist efforts. The NSC plays a vital role in coordinating executive agencies in antiterrorism efforts. The NSC's antiterrorist measures cover the whole spectrum of the executive branch ranging from law enforcement to non‐law enforcement efforts. The tradition of collaboration among the military, police, and private security in Taiwan may help the NSC to smoothly coordinate these three parties.     

行政诉讼行政首长出庭应诉制度:司法政治学的视角

新《行政诉讼法》修订颁布之后,行政首长出庭应诉制度正式成为一项带有鲜明中国特色的司法运作机制。从制度变迁的角度来看,行政首长出庭应诉制度经历了一个从地方政策试验到中央立法吸纳的过程。从各地关于行政首长出庭应诉制度的政策文本出发,不难发现社会稳定压力与地方法制竞争的外部因素影响,而且行政首长出庭应诉制度的实践运作,也主要依赖于数字考核的指标控制而非行政法治的自我拘束。从中国行政诉讼模式变迁的大背景下观察,行政首长出庭应诉与行政诉讼协调和解、行政诉讼司法建议制度根源自相同的法理,均旨在实现纠纷的实质性化解,而不再将合法性判断视为行政诉讼的核心议题。     

Tilting at Offshore Windmills: Regulating Wind Farm Development Within the Renewable Energy Zone

Offshore wind farms are likely to be a key component of theUnited Kingdom’s strategy for renewable energy, and theEnergy Act 2004 introduced a new legislative framework for thedevelopment of wind farms beyond the limits of territorial seawithin designated renewable energy zones. The compatibilityof the new arrangements with international marine and environmentalobligations is analysed. Rights of navigation, the protectionof the marine environment and the decommissioning of turbinesat the end of their operational life all raise significant legalissues. The introduction of the Energy Act is an important developmentin assisting the construction and operation of offshore windfarms. But the law was passed at a time when a number of majorreviews had concluded that the legislative and policy frameworkfor the protection of the marine environment suffered severeweaknesses. It is unfortunate that the UK Government did notconsider the creation of an offshore renewable energy industryas an opportunity to develop and apply the sort of new marineconservation strategies and legal frameworks being advocatedas essential in this area.     

企业国有资产的守护神——《中华人民共和国企业国有资产法》内容简介

《中华人民共和国企业国有资产法》（以下简称《企业国有资产法》）已於2008年10月28日由第十一届全国人大常委会第五次会议通过，将从2009年5月1曰起施行．《企业国有资产法》在中国特色社会主义法律体系中占有重要的地位，是在社会主义市场经济条件下，维护国家基本经济制度，促进国有经济的巩固和发展，保障国有资产安全．维护国有资产出资人权益的一部重要法律。其主要内容包括：     

Is the label ‘minimal legislature’ still appropriate? The role of the National People's Congress in China's political system

To discuss the type of legislature, this article explores what role the National People's Congress (NPC) plays in China's political system, particularly in legislation. According to Mezey's study (Comparative Legislatures, 1979), he defines ‘minimal legislatures’ as being characterised by having little or no policy-making power and being more supported by the elite. The assumption is that the NPC is a minimal legislature, acting as a rubber stamp for the executive. This study is used to test this assumption. The findings show that the NPC does play an important role in the whole political system, especially in legislation, though the NPC has typically been under the control of China's Communist Party. The findings also call into question the continued applicability of Mezey's classic typology legislatures given the development of the Chinese legislature. A new approach for classifying legislatures is introduced based on the institutionalisation and professionalisation of a legislature.     

论第三部门兴起下的公共政策

第三部门的兴起带来了公共政策过程的变革。它使公共政策成为社会治理体系中新的调节工具,并使公 共政策具有了新地位和新作用。第三部门的兴起展示了社会治理环境对公共政策的创新要求。     

当代中国刑法法典化研究

刑法的法典化是统一刑法典的制定和完善过程。当代中国刑法的法典化程度,与中国社会形势的变迁、法治的整体发展水平、立法技术的提升密切相关。中国刑法的法典化是历史与现实的必然选择,具有重要的法律文化价值、比较法价值、社会价值、现代法治价值和规范价值。中国应综合运用外部和内部策略,制定和发展形式合理、内容全面、科学的统一刑法典。     

国际法学在中国的成长

国际法学作为近代欧洲国际关系的产物于鸦片战争后传入中国。由于国际法学和中国近代国情的特殊性,国际法学在中国近代的成长缓慢而艰难;随着民族运动的高涨和中华人民共和国的成立,中国成为一个真正的国际法主体,国际法学在中国的成长迈出了新的步伐,逐渐有了自己的国际法学体系,并对国际法学的理论做出了贡献。     

政府横向权力配置新论——从结构功能主义角度的分析

在＂结构功能主义＂权力分立观看来,政府的立法权、司法权和行政权分别是一种政治性、法律技术性和兼具政治性与行政技术性的权力;为了实现相应的政府职能,这些权力应当由相应的政治性的机关（立法机关）、法律技术性机关（司法机关）和兼具政治性与行政技术性的机关（行政机关）来行使;为了保证各政府机关能够＂称职＂地行使相应的权力,各政府机关的组成人员、运作规则应当具备不同于其他机关和人员的制度设计。尽管当今世界各国存在国家性质和政权体制的不同,但是三种权力的性质却是永恒不变、超越国家界限和超越意识形态的。我国当前权力机关（民意机关）和司法机关（法院）的行政化倾向不利于国家职能的有效实现。     

Contesting anticompetitive actions taken in the name of the state: state action immunity and health care markets

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses its application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that "the state itself" make the decision to do so. Partly on the basis of problems in the political environment, the article criticizes courts for using a mere "foreseeability" test to decide whether a state legislature sufficiently authorized competitors to act in contravention of clear federal policy: "Few things are more foreseeable than that a trade or profession empowered to regulate itself will produce anticompetitive regulations."     

Democratic Incongruities: Representative Democracy in Britain

This essay discusses the rationale guiding legislation dealing exclusively with political parties. The analysis is based on examination of party laws in Austria, Finland, Germany, Israel, Poland, Spain and Venezuela. The manner by which a particular legislature applies the general features of party law‐ legislation (general declaration regarding the role of parties in democracies, definition of parties, registration requirements, the democratic character of association in parties, regulation of party finance, legal sanctions) is demonstrated in reference to the Israeli party law, the most recent case of an established democracy whose legislature passed a parties law in 1992.

Throughout the analysis, the study addresses a question of principle: should a legislature comprised of representatives of political parties undertake to legislate laws regulating the activities of political parties in a democratic parliamentary system? It is suggested that a partial response to this question is found in the fact that, with the exception of Finland and Israel, democratic polities that have chosen to legislate party laws had previously experienced a collapse of their democratic systems. In the process of reforming their democratic structures, the legislatures in these polities enacted parties laws that would ensure that political parties perform functions commensurate With the goals and practices of modern democracies.     

得知权理念及其在我国的初步实践

基于对 2 0世纪后半期以来 ,逐步形成的信息情报公开法制化的世界潮流及中国在近年开始推行政务公开政策 ,实施政府上网工程的实证考察 ,本文将中国法学界通常讨论的知情权问题重新表述为更具有人民主权意义的得知权理念 ,并将其论述为公民在知识经济与信息网络时代的第一位基本权利与首要人权 ,论述了得知权在世界范围内的普及与曲折的法制化进程 ,并就得知权在中国的初步实践及走向法制化途径问题作了积极探讨     

Human Dignity and Socio-Economic Rights

The South African Constitution numbers among a very few constitutions around the world which include justiciable socio-economic rights. One of the controversies surrounding judicial enforcement of such rights is the extent to which it is appropriate for courts to engage in policy choices in relation to the use of state resources in light of the doctrine of the separation of powers. The South African Constitutional Court has responded by developing an approach to adjudication of socio-economic rights in which the role of the court is to determine the reasonableness or otherwise of measures taken by the legislature and executive to implement such rights. However, the South African Constitution is also notable for its identification of human dignity as an underlying value and the explicit duty placed on the courts to interpret the rights protected under the Bill of Rights in conformity with this value. This article scrutinises the socio-economic rights jurisprudence of the South African Constitutional court in light of the Constitutional commitment to human dignity. It questions whether reasonableness review in socio-economic cases successfully balances human dignity with the appropriate degree of deference to the legislature and executive, in compliance with the doctrine of the separation of powers.