行政立法民主保障之问题与对策

由于行政机关与权力机关在组织形式、责任体制、权力来源等方面都具有质的不同,而且目前行政立法实践中存在立法主体层级过多、权界不清,立法内容重权力、轻责任、重实体、轻程序,立法程序有违民主与公正等问题,为贯彻和落实行政立法民主化基本原则,加强对行政立法权的规范与制约,增强和完善行政立法的民主保障,应当限制行政立法主体范围,统一行政立法程序规定,切实保障行政相对人的行政立法参与权,健全和完善系统而有效的权力滥用防范机制。     

Democratization and women’s representation in presidential cabinets: evidence from East and Southeast Asia

This article examines patterns of women’s cabinet representation across all presidential democracies in East and Southeast Asia since democratization. It demonstrates how the choice of female ministers differs across career backgrounds in presidential systems and further examines why young presidential systems in Asia are conducive to women’s access to ministerial power through professional career tracks. We argue that despite women’s successful performance in national legislative elections, women have been restricted to access the power resources necessary to target other political goals, such as cabinet positions, whereas democratic transition has provided broader avenues for women to emerge as professionals outside party politics. By analyzing original data on female ministers in East and Southeast Asia, the study finds that the share of women among professional ministers has increased over time, but women’s share among political ministers has not changed significantly. Additionally, the different qualifications of female politicians and professionals also make them eligible for appointment to different types of policy areas in terms of prestige and gender. Our analysis suggests that women’s cabinet representation has improved overall since democratic transition in Asia, but this improvement disguises contrasting outcomes in women’s cabinet status according to their career backgrounds.     

中产阶级与市民社会和民主化──东南亚中产阶级兴起及其影响探析

本文通过社会学的角度对东南亚中产阶级存在现状进行分析考察，认为伴随着东南亚国家经济的迅速发展，这些国家的社会结构也发生了极大的变化，主要表现为中产阶级力量的发展壮大，这一变化促进了东南亚国家市民社会的发展。他们逐渐在政治上具有了一定的表现要求和能力，要求社会更加民主化。现阶段主要表现为各种非政府组织（ＮＧＯ）崛起，这推动了社会民主化进程向更高层次发展，但是由于东南亚中产阶级力量弱小和自身局限以及政府、传统政治文化影响，决定了东南亚国家民主化发展进程将是一个长期、渐进的发展历程。     

全球化背景下的缅甸政治危机

在一场佛教僧侣和学生带头的和平示威平息之后,美国参议院一致通过决议强烈要求东盟暂停缅甸的会员资格,缅甸问题成为东盟会议关注的焦点.经过磋商,东盟最终拒绝了美国参议院要求东盟暂停成员资格以惩罚缅甸军政府的要求.新加坡总理李显龙在峰会开幕仪式致词时说:"东盟将努力防止缅甸问题成为我们加深一体化和建立东盟共同体的障碍."     

Why Do States Commission the Truth? Political Considerations in the Establishment of African Truth and Reconciliation Commissions

Although the use of truth and reconciliation commissions (TRCs) has grown considerably over the last 3 decades, there is still much that we do not know concerning the choice and the structuring of TRCs. While the literature has focused primarily on the effects of TRCs, we examine the domestic and the international factors influencing the choice of a commission in sub-Saharan Africa from 1974 to 2003 using pooled cross-sectional time series. We find that states which adopted a TRC prior to South Africa were generally repressive centralized regimes which used the truth commission as political cover. However, since South Africa’s TRC, democratizing states have been more likely to adopt a truth commission as a form of transitional justice.

论政府执法方式及其变革

政府执法方式是政府执法权力的表现形态 ,体现了参与执法过程的各类主体的相互关系。政府执法方式变革就是修正政府执法过程中参与者的相互关系 ,涉及执法观念、执法体制、执法制度以及与司法的关系等诸多问题。政府执法方式变革应当坚持行政民主化、加强公开性和参与性、法制统一和人权保障的基本方向 ,特别强调行政程序和公民权利的重要性、行政相关人概念的重要意义、行政与司法的关系 ,以及政府执法的人性化。     

Democratization through education? Theory and practice of the Czech post-revolution education system and its reforms

The transformation process from an authoritarian/totalitarian system entails many institutional changes, however, the individual citizen is often being overlooked in this chaotic, fast-paced process and his or her “transformation” into a democrat is taken for granted. The changing socio-political system and its exigencies may lead to nostalgia and social frustrations, which in turn cause democratic backsliding. In order to cultivate a democratic society and avoid future backsliding, the post-communist states quickly set out to reform their educational systems, both in form and substance. By reviewing the reform process of the Czech educational system and discussing the prevailing legacies left by the communist regime, the article will show that through the “destruction” of the former system and its de-monopolization, decentralization and de-ideologization, the state deliberately lost significant means and power to transform Czechs from “homo sovieticus” to “homo democraticus” and is now left with a dependence on the highly autonomous schools and their propensity to foster democratic generations that will uphold the democratic state in the future. This paradox is reminiscent of the so-called Böckenförde dilemma, claiming that the liberal democratic state “lives by prerequisites which it cannot guarantee itself”.     

EU Democracy Assistance Discourse in Its New Response to a Changing Neighbourhood

Drawing on Critical Discourse Analysis, this article compares the structure of key policy documents on European Union (EU) democracy promotion in the Southern Neighborhood before and after the “Arab Uprisings.” With reference to the key document presenting the EU's revised conception of democracy and strategic vision in the Southern Neighborhood, this article argues that, despite assertions of a paradigmatic shift in the EU's approach to democracy, the conceptual structure of these documents maintains unaltered the substantively liberal model for both development and democratization. This is likely to leave the EU's pre-Uprisings reputational deficit concerning democracy promotion unaltered.     

Public Support for Democratic Governance in Southeast Asia

Abstract

The transition and consolidation of democracy in Southeast Asia has proven fragile and tenuous some 30 years after the current wave of democratization began. A critical ingredient in the process of democratization is the role of public opinion and the extent that the public supports the democratic ‘rules of the game’. This study uses 2006 and 2007 public opinion data from the AsiaBarometer Survey of six Southeast Asian countries (Indonesia, Malaysia, the Philippines, Thailand, Cambodia and Singapore) to examine popular perceptions of democracy and democratic principles and practices. Specifically, it seeks to shed light on the following interrelated questions: Do democratic institutions in Southeast Asia work well in the short and long term? To what extent are citizens in these countries satisfied with various political and civil freedoms? Do citizens trust specific institutions to operate in the best interests of their society? Does the current political system and government perform well?     

《德意志意识形态》对虚幻共同体的论述及其当代意义

马克思恩格斯在<德意志意识形态>中认为国家是虚幻的共同体,作为独立的东西而与各个个人对立起来,不能从根本上普遍地代表每个人的利益和价值追求,但是,个人只有在虚幻共同体中才能打开通向最终自由解放的道路.这些论述反映着马克思恩格斯对国家、集体、共同利益的独特视角.共同体是否具有虚幻性质,与它对个人利益的满足程度有关,也与人们对它的设定有关.研究这个问题对我们认识和解决当前我国政治经济改革中的有关问题具有重要的指导意义.