美国与德国法官选任制度之比较

美国与德国分别为两大法系的典型代表国家。两国的司法制度均显著体现其各自的历史渊源和法律文化背景 ,同时又成功地服务于法治国家的运行 ,其中许多成熟的理论与实践经验值得我们探讨和借鉴。通过对两国司法制度中的一项关键性问题———法官选任制度做比较式探讨 ,展现两国在法官选任程序与选任资格方面严格科学的制度设置 ,可为我国当前法院体制改革提供有益借鉴     

试论我国行政法院制度建构

行政法院制度起源于西方大陆法系国家并在这些国家得到了发展完善,其中以法国行政法院和德国行政法院为代表。我国引进行政法院制度,有利于建设法治国家体系、保证行政审判独立和高效解决行政纠纷。为此目的,基于国情,我国行政法院制度的建构既将有别于法国模式和德国模式,也将有别于我国普通法院制度。     

德国特种防暴警察

当今世界 ,恐怖活动越来越猖獗 ,恐怖手段越来越高超 ,让热爱和平的人们防不胜防。德国共有三支特种防暴警察部队 ,其中 ,德国边防警第九大队由于其组织精干 ,装备精良 ,训练有素 ,尤其在防范和打击恐怖主义方面战功卓著 ,被各国警学界奉为楷模。     

Is there a relationship between election outcomes and perceptions of personal economic well-being? A test using post-election economic expectations

Do individuals believe that an election victory by their favored candidate will improve their personal economic well-being? Previous work has either adopted an approach that is not well suited to determining this relationship, or ignored this question to focus on perceptions of macroeconomic conditions. In this paper we adopt a new approach that allows us to determine the relationship individuals perceive between elections and personal economic welfare, examining the relationship between vote choice, the election outcome, and post-election expectations for personal economic well-being. We find that economic individualism plays an important role in shaping the relationship individuals perceive between election outcomes and their personal economic well-being. Individuals who reject economic individualism do perceive a relationship, with those viewing an election outcome as favorable more optimistic in their expectations for personal economic well-being than those who view the election outcome as unfavorable. Conversely, election outcomes do not influence the expectations of economic individualists.     

论德国行政诉讼中司法权的边界

德国行政诉讼中法院的受案范围几乎不受限制。行政法院对行政案件有完全的管辖权,可以主动、全面、深入地审查事实问题与法律问题,一般无须尊重行政机关在事实判断方面的专业知识与经验。不过,自上个世纪70年代以来,由于行政判断余地等理论的发展,行政法院对行政主体进行强势监督与制约的格局有所松动。另外,行政法院在判决与执行中恪守权力分立原则。德国行政诉讼中这一权力边界格局的形成,是与其宪政体制、法院分工、法定法官原则、二战后对公民权利的重视以及发达的公法理论等紧密相关的。     

Voting Advice Applications and the Estimation of Party Positions – A Reliable Tool?

Data contained in Voting Advice Applications (VAA s) is not only a prerequisite for the vote recommendations they provide but can also be used for estimating party positions in low‐dimensional spaces. Given that VAA s can be designed differently in terms of their number of items and their measurement level, how much can one trust the party positions obtained from this source? We tackle this question by exploiting relevant variation in a real‐world setting: three VAA s offered at the 2017 Lower Saxony election. Despite substantial design differences, the policy spaces extracted through an inductive scaling approach are highly convergent. Simulated random item removal from the pooled dataset of all three VAA s furthermore suggests that about 40 items yield satisfactory reliability of the party positions. Finally, we find that a priori assigning VAA ‐items to ideological dimensions is potentially problematic as the interpretation of resulting party spaces may differ from the ones derived inductively.     

Structural Covariates of Violent Crime Rates in Germany: Exploratory Spatial Analyses of Kreise

This research applies the techniques of exploratory spatial data analysis (ESDA) and spatial regression modeling to explain variation in robbery and assault rates across 413 districts or “Kreise” in Germany. The findings from ESDA reveal a distinct clustering of low rates in southern Germany, especially for robbery. The results of the spatial regression analyses indicate that for the nation at large, Kreise with high robbery and assault rates tend to be those with comparatively high levels of socioeconomic deprivation and a more urbanized environment, findings consistent with those commonly reported with data for areal units in the USA. We also observe net regional effects for the south in the regression models that pose puzzles for further inquiry into the German case, and “null effects” of the eastern region that have implications for more general debates of the potentially criminogenic consequences of the transition to market economies.     

The German Party System: Eternal Crisis?

Ever since the early years of the Federal Republic, the German debate about political parties and the party system has been almost obsessed with the theme of crisis. Contrary to what seems to be the dominant view from within Germany, this article argues that, by and large, the German party system has performed well. Gordon Smith's centrality thesis can explain why this has been the case. However, there are indications that the future may not be so benign.     

The Electoral Cycle and Multi-Level Voting in Germany

The aim of this contribution is to analyse whether Land elections may (have) become uncoupled from the federal electoral process, and, if they have, to explore the implications for party competition in Germany. Initially, an overview is presented of the relevant theoretical models that can help unpack the relationship between different electoral arenas. Secondly, how these ideas have been applied to national and sub-national electoral competition in Germany is outlined, before an examination of the 'fit' of the data in both the pre- and post-unification periods. We conclude with reflections on two key features that have regularly surfaced in Gordon Smith's writings: party system change and political stability.     

Germany: public affairs reinvented

Reunification, growing international exposure and the move of the capital from Bonn to Berlin are not merely milestones for the major changes that have occurred in German politics since World War II. They are developments that have profoundly affected and continue to affect political life in Germany. The way that political, civic and economic interests engage with the political system has changed, and this raises the question of what public affairs is and can achieve in this context. As practitioner the author observes four main trends. First, public affairs is increasingly being understood in terms of the meaning of the German word ‘Gesellschaftspolitik’. Second, the changing nature of how political issues are being communicated demands a growing expertise from all the players involved. Third, the general feeling among organisations for ‘need to do something political’ does not yet correspond with a specific demand for public affairs services. And last, a market for high profile consultancy‐led public affairs services is still in the making. Public affairs practitioners in Germany will be key in shaping and developing the profile of public affairs as a serious discipline with services and expertise, maturely tailored to local market needs. Copyright © 2002 Henry Stewart Publications