表达自由法制中的管理性权力

一、为什么会有管理性权力 表达自由不仅是发表言论的自由,而且是进入公共论坛发表言论的自由.在自由的另一面是国家权力.     

'New learning in old organisations': Children's participation in a school-based nutrition project in western Kenya

The integration of learning into community development processes and how that learning can stimulate positive change pose challenges that development practitioners have met with mixed success. Who the most effective change agents are, how they can be supported, and how their efforts can be diffused in the community and scaled up are key questions in the community development literature. The authors designed and implemented an action-research project in western Kenya on traditional vegetables, recruiting pupils as co-researchers. The purpose of the research was two-fold. One goal was to explore the feasibility of increasing the intake of traditional vegetables through a school-based horticulture programme. The other was to increase pupils' competence as effective change agents by empowering them in culturally compatible ways. The results offer lessons for practitioners regarding creative means to identify and empower change agents within traditional organisations and encourage innovative creation and diffusion of knowledge.     

共同受贿犯罪若干问题探讨

在刑法理论和司法实践中 ,共同受贿犯罪问题错综复杂、歧义甚多 ,有进行深入研究的必要性。首先 ,共同受贿犯罪问题理论研究比较薄弱 ,有创新的理论成果也较为鲜见。其次 ,司法实践中的共同受贿犯罪问题亟待解决。第三 ,处理共同受贿案件时执法不统一。认识上的分歧和法律规定的不明确 ,造成司法机关处理共同受贿案件执法的不统一。因此 ,只有深入研究受贿犯罪的理论和实际问题 ,深刻理解受贿罪的立法原意 ,才能取得新的理论成果 ,对司法实践起到积极的指导作用。本文拟就共同受贿犯罪的理论依据、共同受贿犯罪的认定和处罚等问题进行探讨 ,…     

Symptoms of corruption and union denial

Labor Racketeering is often the result of collusion between employers and employee representatives in which in exchange for something of value the employee representative ignores his obligation to union members. Given the limited investigative resources of unions, proving the receipt of a bribe is most often beyond their ability. However, the artifacts of racketeering such as inexplicable substandard contracts or lax contract enforcement remain evident. The harm to the members remains the same. As a consequence, in disciplining union employees, unions should sanction them for involvement in the creation of these artifacts as if bribes were proven. Charles A. Carberry is the Chief Investigator for the Independent Review Board (IRB), the body that pursuant to the Civil RICO settlement between the International Brotherhood of Teamsters (IBT) and the government investigates corruption and supervisors resulting disciplinary actions against union members. The views expressed herein are Mr. Carberry’s and not necessarily those of the IRB.     

试论制度的伦理价值

道德建设是一项复杂的社会系统工程,需要经济、政治、文化、尤其是合理制度的共同支撑。作为规范化、定型化的行为方式和交往关系结构,制度具有非常重要的伦理价值。本文主要从制度与道德建设的关系角度,从现代社会的规范整合,个体行为选择的约束、激励和引导,国家权力的监督等三个方面探讨制度的伦理价值问题。     

Critics Within: Islamic Scholars' Protests Against the Islamic State in Iran

Islamic scholarship, in Iran and elsewhere, has a long tradition of debate and critique. This tradition has come to pose a challenge to the constitutional order of the Islamic Republic of Iran, as a number of seminary-trained scholars have applied their critical methods to basic issues of state legitimacy, in particular the state's right to insist on interpretive closure. The regime has responded with force, convening special clergy courts to silence and imprison scholars, in violation of seminary norms of scholarly debate. These conspicuous acts of discipline seem to have backfired, as each escalating punishment has generated new critics within.     

论卫星城的职能定位

本文主要是从卫星城职能定位来研究卫星城的合理规划问题,具体包括卫星城职能分类、影响卫星城职能定位的因素分析以及北京市北部卫星城的定位案例讨论等。     

From the Right to Return to the Return of Rights: Completing Post-War Property Restitution in Bosnia Herzegovina

Given the numbers displaced as part of the means and methodsof the armed conflict during the war in Bosnia Herzegovina between1992–95, it is not surprising that the return processhas been long and drawn out. Nevertheless, a remarkable processof post-war reconciliation has quietly drawn to completion inBosnia Herzegovina. In less than a decade after the end of thewar, over 90 per cent of the 211,871 claims for the restitutionof real property made by internally displaced persons (IDPs) and refugees have been resolved. Annex 7 of the Dayton Agreement, The Agreement on Refugees andDisplaced Persons, provided for the return of IDPs and refugees,but it was the object of obstruction in the mid to late 1990s.However, by the middle of the first decade of the 21^st century,restitution was all but complete. The significance of this turn-aroundextends far beyond the hundreds of thousands of Bosnians whobenefited directly. It is a model, both positive and negative,for the resolution of many other conflicts around the worldin which land is a major issue. While a number of factors contributedto the dramatic acceleration of the restitution process in Bosnia,certainly the unexpected staying power — and, indeed,concerted action on property restitution — of the internationalcommunity played its part. A ‘carrot and stick’strategy manifested itself in high-profile funding, admittanceto international bodies, and the removal of obstructive officials.As this paper shall argue, the greatest factor in seeing theprocess through to the end was the shift from a process thatfocused primarily upon ethnically-linked ‘return’,sometimes at the expense of individual property rights, to onethat was driven primarily by the recognition of property rightsand the rule of law. This was possible for a number of reasons.Uniquely, international human rights conventions were incorporateddirectly into post-war Bosnian domestic law. Influenced by this,legislative amendments and changes in implementation strategyprogressively slanted the process in favour of simple, almostintuitive, rights recognition. Shifting away from the emphasison ‘return’ removed a subjective element from implementationand, combined with greater emphasis on the ‘rule of law’,narrowed the scope for the system to be manipulated and thwarted.This, thereby, de-politicised restitution.