论铁路公安行政处罚中的法律冲突

铁路公安机关在行政执法中适用的规范性法律文件从渊源上看主要有法律、行政法规、部委规章,这些规范性法律文件都对治安处罚有规定,但因其法律地位和法律效力不同,因而在适用时其优先性不同,且彼此容易发生冲突。本文运用解决法律冲突的一般规则,结合现行有关治安管理的法律规范内容,试图解决铁路公安执法实践中的疑难问题。     

Current Security Situation in the Near East Palestinian State： Yes or No？

The article analyses the political situation in the Near East in trial to find the formula of peace. It would guarantee a peaceful coexistence for Palestinians and Israelites. The conflict of Israel and Palestine lasts for already over 100 years and becomes a global conflict among Islam believers and Jewish-Christians. Trying to have peace Israel left the occupied Sinai Peninsula of Egypt and made considerable concessions for Palestinians as well： It agreed on Palestine self-governing rights or autonomy in 1994. The problem is that Arabs cannot accept the fact of Israel state in their psychology. Nobody can guarantee their national security when Jews retracted to the borders which existed till 1967, the Sixth Day War. What does the total retraction from Gaza Strip from where the rockets are constantly sent to the territory of Israel on the heads of civil people？ Would the most real and secure way of all the solutions be a Federation of Palestinian Territories or Confederation with the Kingdom of Jordan （or with the state of Egypt）？ The peace problem of Near East is global and even connected with the intentions of Iran to make an atomic bomb. International community should be more sensitive not only to the tired nation of Palestine but also the Kurds who try to establish their state in Kurdistan. People of Azerbaijan should be helped in uniting into one state in the frames of Azerbaijan. The author tried to prove the article by the facts and the regulations of international law as much as possible.     

Responsibility to Protect or Right to Punish?

Abstract

This essay argues that the new global regime of R2P bifurcates the international system between sovereign states whose citizens have political rights, and de facto trusteeship territories whose populations are seen as wards in need of external protection. Under the direction of the UN Security Council, the International Criminal Court has become an integral part of the international R2P regime by allowing for the legal normalization of certain types of violence (such as Western counterinsurgency efforts), while arbitrarily criminalizing the violence of other states as ‘genocide’. In place of this unequal global regime, the essay concludes by arguing for an internally-driven process of political reform and legal reconciliation, as pioneered in South Africa.     

The Complexity of Destruction in Darfur: Historical Processes and Regional Dynamics

This paper analyzes the complex historical and regional factors that contribute to the escalation of destruction from 2003 on in Darfur. Darfur is not an isolated case that suddenly erupted in violence. It is the most recent case in a long history of repeated violations by the Sudanese state against its citizens. From the use of proxy militias (the Janjaweed) to signing peace agreements that fragment and weaken the opposition, destruction in Darfur continues government strategies of divide and rule. At the same time, complex regional dynamics especially between Sudan, Chad and the Central African Republic add to violence and instability within states and across borders. The paper emphasizes the speed with which during 2003–2005 over 2.4 million were uprooted from their homes and the ongoing vulnerability of internally displaced persons to attacks, disease and malnutrition. This restructuring of the population in Darfur is part of a strategy to control the populace and redistribute land and other resources. The multicausal origin of the conflict and its increasing complexity points to the difficulty of providing security for the people in Darfur and resolving the conflict.

论组织冲突成因及管理对策分析

组织总是不断面对各种矛盾与冲突。组织的沟通不畅、架构不合理、成员的差异和组织资源的不足,都可造成冲突。组织冲突的管理水平关系着组织内部的和谐与稳定。冲突问题处理不当,直接影响组织目标的实现甚至威胁组织的生存和发展。必须认识到冲突具有正反两方面的作用,管理者应运用合理的管理策略将破坏性冲突转化为建设性冲突,使组织能够不断自我反省,不断创新与进步。文章通过分析、探讨组织冲突的类型和原因以及相关管理对策,为组织冲突管理的研究探索新的思路。     

From national identity to national security: China's changing responses toward India in 1962 and 1998

This article examines Russian Government policy towards Northeast Asia as an interplay between aspirations, which have been expressed by government leaders, parliamentary figures and prominent academics and journalists and actual results. The article uses three levels, global, regional and bilateral, as a basis for the analysis. In terms of global interests the Russian leadership has sought diplomatic balance against the US, in terms of regional interests the leadership has pursued the aim of economic and security integration while at the bilateral level Russian leadership has sought specific benefits from particular relations with China, Japan and South Korea. The article notes that Russia has obtained certain diplomatic benefits from the relationship with China which serve its interests at the global level. At the regional level policy aspirations have been frustrated by Russia's dire economic condition and the tendency to be treated as an ‘outsider’. Russia has benefited from an improvement of bilateral relations with China, Japan and South Korea but these gains do not translate into an improved position at the regional level yet. while the Russian leadership has been nurturing the development of bilateral relationships problems particular to those relationships hinder its wider regional acceptance.     

马克思主义政治冲突思想研究

政治冲突理论是马克思主义政治学说的重要组成部分，但对它的研究还很鲜见。本运用辩证分析的方法，对阶级冲突、政治发展冲突、政治冲突的功能取向、政治冲突的发展过程、整合政治冲突的制度性设计等，进行了比较系统的阐释。     

Say It With Candy: The Power of Framing Tax Increases as Items

Framing tax increases as frequent purchases appears to be a popular message strategy to generate donations and elicit support for policies. We test whether this strategy is effective at obtaining support for tax increases through two survey experiments. Results demonstrate that this message strategy—framing tax increases in terms of items—is more effective than stating the increase in terms of a yearly or weekly amount. This strategy appears to be effective when the amount of a tax increase is framed as a hedonic item and appears to be particularly effective as the tax amount requested increases and among those uninvolved with the issue under consideration.     

Media in the Policy Process: Using Framing and Narratives to Understand Policy Influences

Policy scholarship has long sought to understand the role of knowledge and information in the policy process. Of the actors, institutions, and resources involved in shaping policy processes and outcomes, media and narratives have been incorporated into empirical policy scholarship and theories with varying success. The Narrative Policy Framework (NPF) is a framework through which scholars can bring analysis of narratives into studies of policy making. The NPF moves the field forward in understanding the role of narratives, communication, and stakeholder beliefs in the policy process, while at the same time striving for theoretical rigor. We embed the discussion of frames and narratives in the NPF to provide an empirical and theoretical cohesion to our understanding of media and public policy and then provide a brief empirical example of how such an integration may prove fruitful for policy scholars.     

The United Nations Assistance Mission in Afghanistan: Impartiality in New UN Peace Operations

Abstract

Set within the complex contemporary context of international interventions, UN peacekeeping operations have now evolved into peace operations. The emergence of the concepts of human security and the responsibility to protect have raised expectations that UN peace operations should deal with both macro and micro level insecurity in conflict and post-conflict situations, especially in the case of failed or collapsed states. Reflecting this development, the question of an appropriate framework in which to conceptualize peace operations has also been debated. This essay considers a conceptualization of UN peace operations from a conflict resolution perspective and analyses the case of the UN Assistance Mission in Afghanistan (UNAMA), using a framework of conflict transformation. It argues that the impartiality of UN operations has been reconceived in terms of the values of ‘human security’ and the ‘responsibility to protect’, making it vital to explicitly articulate the meaning and implications of ‘value-based’ impartiality.     

Interpretation in the Analysis of Policy

Interpretation is a critical element in both the analysis and the accomplishment of governing, and taking an interpretive approach to policy should not be seen as a methodological option for consenting adults, but as an integral element of political analysis. Understanding governing (whether by practitioners or analysts) raises questions about the shared meaning which makes action valid, and makes a reality of ‘the government’. This calls for attention to the ways in which this is done, and how this interpretive construction has been recognised in political science (and other social sciences) in Australia and elsewhere, and for a consideration of what this means for political scientists’ agenda of inquiry.     

“The Train Has Left the Station”: The Project on Emerging Nanotechnologies and the Shaping of Nanotechnology Policy in the United States

The purpose of this paper is to analyze the efforts of the Project on Emerging Nanotechnologies (PEN) in seeking to influence nanotechnology policy in the United States. Using the conceptual framework of anticipatory governance to guide the analysis, a series of strategies that PEN adopted will be described, including leveraging external expertise, developing cross‐disciplinary research products, providing a future‐oriented view on policy analysis, and building a brand for communications and outreach. This case study is a useful example in demonstrating the recent conceptual shift away from relying on government‐led technology assessment efforts to consider the longer‐term implications of new technologies toward the concept of anticipatory governance that includes a more substantive role for nongovernmental actors, that in providing forward‐looking, actionable intelligence for decision makers. Considering the example of PEN also highlights the critical role that boundary‐spanning organizations play in linking together disparate communities of expertise.