习近平国家制度与法律制度思想论要

习近平国家制度与法律制度思想是马克思主义国家与法的学说中国化进程的最新重大理论成果,实现了马克思主义国家与法的学说中国化的第三次历史性飞跃。面对许多具有新的历史特点的伟大斗争,习近平以马克思主义的巨大理论勇气和坚韧行动意志,从历史与现实、理论与实践的有机结合上,深入分析了推进当代中国国家制度与法律制度建设的重大意义,精辟阐释了中国特色社会主义国家制度与法律制度的深厚历史文化底蕴,明确作出了改革开放以来中国国家制度建设的“两个划时代”的重大判断,深刻论述了法治对于国家治理现代化的重要依托作用,悉心把握当代中国国家制度与法律制度建设的国情条件,形成了思想深刻、内容丰富、逻辑严密、体系完整的国家与法的理论体系,为当代中国马克思主义国家与法的学说的创新发展作出了原创性的贡献。     

Why madrassah education reforms don’t work in Pakistan

Despite global pressure and national security concerns, the efforts of the Government of Pakistan to reform the madrassah system have proven to be futile. Extant literature on madrassah reform challenges relies overwhelmingly on information provided by governments and experts situated outside of these institutions. While these studies and reports present important findings and viable analysis on madrassah systems; most of the research fails to give voice to the major stakeholders of this system itself, such as the administration staff, teachers, students and parents. Our study fills this crucial gap by conducting semi-structured interviews and field observations inside Pakistani madaris (plural for madrassah) and their professional associations. We find that these madaris have been reluctant to participate in policy interventions offered by the government due to a major trust deficit brought on by differences over financial and curriculum regulation, degree recognition and the government’s role in shaping popular perceptions about madaris. This reluctance has turned down attempts for madrassah reformation and has in turn made them vulnerable to radicalisation. We conclude with policy recommendations for more effective government reforms and a stronger relationship between madrassah representatives and the Government of Pakistan.     

What do forensic analysts consider relevant to their decision making?

In response to research demonstrating that irrelevant contextual information can bias forensic science analyses, authorities have increasingly urged laboratories to limit analysts' access to irrelevant and potentially biasing information (Dror and Cole (2010) [3]; National Academy of Sciences (2009) [18]; President's Council of Advisors on Science and Technology (2016) [22]; UK Forensic Science Regulator (2015) [26]). However, a great challenge in implementing this reform is determining which information is task-relevant and which is task-irrelevant. In the current study, we surveyed 183 forensic analysts to examine what they consider relevant versus irrelevant in their forensic analyses. Results revealed that analysts generally do not regard information regarding the suspect or victim as essential to their analytic tasks. However, there was significant variability among analysts within and between disciplines. Findings suggest that forensic science disciplines need to agree on what they regard as task-relevant before context management procedures can be properly implemented. The lack of consensus about what is relevant information not only leaves room for biasing information, but also reveals foundational gaps in what analysts consider crucial in forensic decision making.     

The European lavender vote: Sexuality,ideology and vote choice in Western Europe

In many European democracies, political punditry has highlighted the attempts of political parties on the left to court the ‘lavender vote’ of lesbian, gay and bisexual individuals. This article examines the presence of a gay vote in Western Europe with a focus on assessing the role of sexuality in shaping individuals’ political preferences and voting behaviour. Empirically, the effect of sexuality on both ideological identification as well as party vote choice is analysed. Using a cumulative dataset of eight rounds of the European Social Survey between 2002 and 2017, this article demonstrates that partnered lesbians and gay men are more likely than comparable heterosexuals to identify with the left, support leftist policy objectives and vote for left-of-centre political parties. The analysis represents the first empirical cross-national European study of the voting behaviour of homosexual individuals and sheds new light on the importance of sexuality as a predictor of political ideology and voting behaviour within the Western European context.     

制度差异与制度创新:多元制度互动下的大湾区改革

在一国两制的背景下,香港、澳门与内地之间的制度差异如何影响粤港澳大湾区的发展?学界对此仍关注不足。论文基于制度主义理论,构建了"制度差异-张力-制度创新"的理论框架,以深圳前海自贸区的工程建设管理制度改革为案例,分析了制度差异推动改革创新的机制。研究发现,不同的制度逻辑形塑行动主体的认知与行为,因此多元制度在互动中能够产生张力,进而激发行为主体的能动性,促使其反思、设计新的制度、采取改革行动,最终促成制度创新。中国内地与港澳的制度在"一国两制"方针下得以多元共存,制度差异在粤港澳密切互动中产生的张力是大湾区改革的创新源泉,使大湾区在国家改革与发展大局中发挥重要作用。     

人民法院改革取向的审视与思考

20世纪90年代以来的人民法院改革,总体上潜含着对标形式主义法治司法模式的取向,其目标可概括为“让司法更像司法”。这种由内向视角导引的改革,对塑造我国司法的基础形态、完善司法的基本要件具有积极意义,但也在一定程度上造成了司法与社会需求的疏离,使司法改革的红利难以充分转化为社会的实际获得。在还原主义立场下回溯司法的基源性理论,司法是一种制度建构的产物、一种公共产品,司法应当尊重“消费者体验”。着眼于外向视角,提升司法能力亦应成为法院改革的取向之一。在今后继续深化推进司法责任制改革的过程中,应以影响司法能力的基本要素作为改革的着眼点,通过司法能力的提升实现司法的社会功能,满足和实现社会对司法的需求,以“让司法更能司法”。     

British Campaigns for Solidarity with Argentina and Chile

The Chile solidarity movement persuaded British Labour governments (1974–1979) to introduce a range of measures against the Pinochet regime. But campaigners lobbying against the Argentine dictatorship (1976–1983) had less impact on policy. Neither these Labour governments nor the subsequent Conservative government imposed any sanction on the Argentine dictatorship, until the invasion of the Falkland Islands. This article explores why in Britain – and Europe – the Chile campaign had greater public appeal than the Argentina solidarity campaigns. It identifies a number of common factors across Europe which explain why the anti-Pinochet cause generated more support than the Argentina campaign.     

Recreating the Third World Project: possibilities through the Fourth World

Abstract

In this paper, we make a theoretical argument that the Third World be returned to its political origins to inspire an updated Third World Project (TWP), revived as a global movement for progressive, anti-imperialist forces, through the Fourth World movement, which highlights internal colonialism. Both the TWP and the United Nations recognise only nation states as full members. We examine how a Third World strategy that brings in the Fourth World, or indigenous, minority and/or stateless groups, can help oppressed groups gain more autonomy and rights through a transnational solidarity rooted in empathy. We trace the intellectual roots and history of the TWP and consider obstacles in bringing together the TWP and the Fourth World movement. A Fourth World strategy corrects the TWP’s implicit approval of an underlying imperialism, and the TWP provides the Fourth World movement a model to accomplish its goal of resisting uncritical modernity.     

The Dark Sides of Artificial Intelligence: An Integrated AI Governance Framework for Public Administration

ABSTRACT

As government and public administration lag behind the rapid development of AI in their efforts to provide adequate governance, they need respective concepts to keep pace with this dynamic progress. The literature provides few answers to the question of how government and public administration should respond to the great challenges associated with AI and use regulation to prevent harm. This study analyzes AI challenges and former AI regulation approaches. Based on this analysis and regulation theory, an integrated AI governance framework is developed that compiles key aspects of AI governance and provides a guide for the regulatory process of AI and its application. The article concludes with theoretical implications and recommendations for public officers.     

Fighting on behalf of the state—the issue of pro-government militia autonomy in the Donbas war

This study investigates the degree of autonomy the Ukrainian volunteer battalions had from the regular forces during the war in Donbas. The findings indicate that the degree of autonomy was high and that in particular, three initial conditions were decisive for this outcome: (1) the relative level of militia military strength in the initial states of conflict; (2) the degree of agenda overlap; (3) the degree of bottom-up organization. The empirical evidence further suggests that the three factors produced the identified outcome through the mechanisms of “institutional lock-in,” “performance interdependence,” and “entitlement.” Consequently, the Ukrainian state and regular forces ended up accepting a higher degree of autonomy, in terms of command and control, on the part of the volunteer battalions than they otherwise probably would have preferred. This outcome contributed significantly to saving the sovereignty of the Ukrainian state in 2014–2015, but may also have created conditions for challenges to the same state further down the road.