略谈人治与政德

先秦儒家和古希腊哲人对人治的论述有助于对人治思想基本内涵的理解。所谓人治,即重视治国理政者的明智和德性,不仅不会导致治国理政者的个人专制,反而对其有抑制作用,并对与儒家人治思想相联系的传统政德给予了积极评价。人治并不排斥法治,在当今治国理政中,仍需重视官员的个人品德,将人治与法治更好地结合起来。     

论结合犯中的承继共犯

承继共犯作为共同犯罪的一种特殊形态,是作为一种区别于普通共同犯罪的极其复杂的犯罪现象.在司法实践中,先行为人已经着手实施某一犯罪行为,但在实行行为实施过程中尚未实行完毕之时,后行为人通过与先行为人进行意思沟通,加入到实行行为当中,以共同实行之意思共同加功于犯罪结果的发生.理论上把这种情况称之为承继共犯.而结合犯是指本来...     

Reigniting the fire: a contemporary research agenda for social,political and nonprofit marketing

The paper reports on the core challenges faced by the nonprofit, political and social marketing disciplinary areas and suggests a series of research agendas to develop theory and practice to meet these challenges.

• Social marketing's research agenda involves the continued adaptation of the new developments in commercial marketing, whilst building a base of social marketing theory and best practice benchmarks that can be used to identify, clarify and classify the boundaries of social marketing against social change techniques.
• Nonprofit marketing is pursuing the dual research agenda of developing the theory and practice of social entrepreneurship whilst seeking deeper consumer‐based research to understand motivations for charitable behaviour and gift giving.
• Political Marketing's research agenda looks for an increase in the level of background research, core data and market research to use as a basis for developing more advanced theoretical and practical models. In addition, as political marketing is being transferred internationally between a range of political and electoral systems, there is a need for comparative research into both the relevance and effectiveness of these techniques to isolate nation independent and nation dependent political marketing strategies and campaigns.

Copyright © 2007 John Wiley & Sons, Ltd.     

Introduction: In Defence of Politics

In a world that is increasingly dominated by literary hyperbole there can be no doubt that Bernard Crick's In Defence of Politics remains a classic text. Classic not just in the sense that it provides a masterly account of the essence, meaning and fragility of democratic politics but classic in the sense that it is written with a style, verve and passion that is rarely found within political science. If the test of pretensions to ‘a classic’ status is that a book defies the passage of time in terms of significance and argument then Crick's Defence would also make the grade for the simple fact that its arguments remain arguably far more important today than they were when they were first published exactly fifty years ago. This article reflects on the contemporary significance of Crick's Defence by defending politics against an updated set of adversaries in the form of: public expectations, marketisation, depoliticisation, the media, and crises before locating the book within the contours of current debates about public disengagement, the rise of ‘disaffected democrats’ and questions concerning the future and relevance of political science.     

Institutional Foundations of Legislative Speech

Participation in legislative debates is among the most visible activities of members of parliament (MPs), yet debates remain an understudied form of legislative behavior. This study introduces a comparative theory of legislative speech with two major implications. First, party rules for debates are endogenous to strategic considerations and will favor either party leadership control or backbencher MP exposure. Second, in some systems, backbenchers will receive less time on the floor as their ideological distance to the party leadership increases. This leads to speeches that do not reflect true party cohesion. Where party reputation matters less for reelection, leaders allow dissidents to express their views on the floor. We demonstrate the implications of our model for different political systems and present evidence using speech data from Germany and the United Kingdom.     

Cycles in Politics: Wavelet Analysis of Political Time Series

Spectral analysis and ARMA models have been the most common weapons of choice for the detection of cycles in political time series. Controversies about cycles, however, tend to revolve around an issue that both techniques are badly equipped to address: the possibility of irregular cycles without fixed periodicity throughout the entire time series. This has led to two main consequences. On the one hand, proponents of cyclical theories have often dismissed established statistical techniques. On the other hand, proponents of established techniques have dismissed the possibility of cycles without fixed periodicity. Wavelets allow the detection of transient and coexisting cycles and structural breaks in periodicity. In this article, we present the tools of wavelet analysis and apply them to the study of two lingering puzzles in the political science literature: the existence of cycles in election returns in the United States and in the severity of major power wars.     

What Wins Votes: Why Some Politicians Opt Out of Clientelism

In a context where clientelism is widespread, why do some politicians choose not to condition the delivery of goods and services to citizens on individual political behavior? I argue that the answer to this question lies in the heretofore unexamined electoral costs of clientelism: clientelism decreases support from nonpoor constituents even while it generates votes from among the poor. Taking into account these costs and other factors that shape politician incentives, I posit that the interaction between political competition and poverty will explain variation in clientelism. I test this claim using an original measure of clientelism that assesses mayoral involvement in social policy implementation in Argentine municipalities. The results of statistical analysis suggest that high levels of political competition are compatible with clientelism when poverty is also high. Only when high competition is coupled with low rates of poverty does clientelism decline.     

论保险受益人与受益权

受益人是保险制度中的重要概念,且仅适用于人身保险中。受益人虽非保险合同当事人,但在保险事故发生时享有保险金请求权,故其本质是＂利益第三人合同＂制度中的＂第三人＂。受益人由投保人指定、变更且被保险人享有＂同意权＂的制度设计,既可有效防控道德风险,又可减少对受益人主体的不当限制。受益人所享有的保险金请求权被称为受益权,对于行使该权利（如转让、抛弃、丧失、实现）所涉及的法律的适用,要注意探求当事人真意并考量保险制度保障机能的法理,以期获得妥当的结论。     

强化高校教代会职能的几点探索

天津大学通过完善教职工代表大会制度,构建以教代会制度为基本形式的高校内部民主监督机制,用以强化高校内部民主管理,完善现代大学制度,推动学校中心事业稳步发展。