论改革开放以来民主集中制的发展——党内民主的视角

党内民主和民主集中制尽管分属不同的概念范畴,但是在中国共产党现实的政治实践中,二者是密不可分的.文章以党内民主为视角,对改革开放以来民主集中制和党内民主关系逐步融合的过程进行了一个系统的梳理.文章从理念和实践两个层面概括和分析了二者关系科学建构的历程和具体动因,并归纳总结出改革开放以来民主集中制发展的特点.     

A Question of Time: Responsive and Responsible Democratic Politics

Since 2008, European crisis politics have thrown the importance of time in democracy into sharp relief. The need for rapid action by national authorities, the EU and international organisations conflicts with the time-consuming nature of democratic deliberation; short-term political firefighting has given little consideration to the long-term sustainability and time consistency of policies; and decentralised decisions threaten effective synchronisation within multi-level governance systems. This article suggests that democratic politics requires a balance between the temporal characteristics of responsive and responsible politics. The timeframe for responsive politics is shaped by electoral cycles that encourage speedy action; short-term lags between political choices and their effects; and temporal discretion of decision-makers. The timeframe for responsible politics is characterised by time-consuming procedures; solutions that take time to unfold and are sustainable in the longer term; and the purposive synchronisation amongst actors and across policy domains and levels of policy-making. The finely balanced temporal constitution of democracy has been challenged in two fundamental ways. First, as the ability of decision-makers to work within the time limits of their mandates and to respond to the temporal expectations of the electorate decreases, the temporal ties that ensure the responsiveness of political authority to the electorate weaken. Second, the distinct temporal qualities of majoritarian and non-majoritarian institutions that encourage responsibility are called into question. Consequently, political time in Europe runs the risk of becoming both less responsive and less responsible.     

以改革创新精神坚持民主集中制——改革开放以来我党对民主集中制的坚持与健全

改革开放30年来,我党以改革创新的精神,恢复了民主集中制的根本地位,并使其在科学内涵、基本原则和保障机制上得到创新、完善和健全。     

Balancing Procedures and Outcomes Within Democratic Theory: Core Values and Judicial Review

Democratic theorists often distinguish between two views of democratic procedures. 'Outcomes theorists' emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, 'proceduralists' emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to both intrinsically valuable democratic procedures and democratic outcomes. In instances in which there is a conflict between these two commitments, I suggest they must be balanced. This balancing approach offers a justification of judicial review on the grounds that it potentially limits outcomes that undermine democracy. But judicial review is not justifiable in any instance in which a bad democratic outcome results from democratic procedures. When the loss that would result from overturning a democratic procedure is greater than the gain to democracy that would result from ensuring against an undemocratic outcome; judicial review is not justifiable. Loss or gain to democracy is defined by the negative or positive impact of each action on the core democratic values of equality and autonomy, aspects of the democratic ideal. Even when judicial review is justified, the fact that it overturns intrinsically valuable procedures suggests that such review is never ideal from the standpoint of democracy.     

Reining in the Bureaucrats: Democratic Transition and Administrative Procedural Reform in Korea

How do civilian presidents control their bureaucracies after taking over from an authoritarian regime? To answer this question, I develop a “reining in” theory of delegation. I argue that presidents who faces intrabranch conflict over policy issues and cannot appoint—and dismiss—freely will solve their delegation problems through administrative procedure acts (APAs) and related laws. While some scholars argue that APAs are tools for preserving the status quo, I find that APAs help presidents change policy. Building on the delegation literature from economics, my theory represents a more general argument than prior theories for why presidents support APAs. I test the theory through a case study of South Korea's first civilian government (post‐1961), under President Kim Young Sam. Kim initiated an APA to rein in a professionalized civil service that opposed his policy preferences. Strict procedural requirements designed to keep tabs on bureaucratic activities enhanced Kim's control over his bureaucracy.     

“资本主义框架内的民主改革”论——新世纪日本共产党对社会主义发展道路的新探索

“资本主义框架内的民主改革”是日共在新世纪对“日本式社会主义”道路探索的 最新选择,有其客观依据,其核心是在21世纪早期通过建立多党执政的“民主联合政府”,在资本 主义框架内进行民主改革,经过这一民主革命阶段,使日本直接进入社会主义。     

浅议中国法治的现状和司法改革的方略

现代司法制度对于西方国家来说是内生型的,但就中国等后发展国家而言,由于本身有着生命力极强的本土文化,而现代化基本上又是一个全面向西方学习、进行制度移植的过程,因而使司法改革面临着本土化还是国际化的道路选择。当前,中国法治的初级性现状决定了我们的司法改革必须采取立足本土资源实行拿来主义的渐进式改良方略,在具体运用这一方略时要注意把握改革分寸的六条依据和判断标准。     

如何看待民主社会主义的发展

社会党和民主社会主义自19世纪以来经历了一个曲折发展的过程,影响越来越大。它有其局限性,也有其存在和发展的必然性和合理性。我们应当解放思想,实事求是地评价和对待,区分其本质与积极因素。     

纪念辛亥革命百年 推进民主政治发展

辛亥革命推翻了帝制,要走民主政治之路,前一件事取得了成功,后一件事却没有完成。民主政治要全面实行和推进,主要在于两个基本条件,一个是执政者和执政党的民主实践意愿和决心,一个是经济市场化作为民主政治赖以生存的经济基础。这两者对于当时的中国来说都是欠缺的。世界上任何一个国家在走向民主政治的进程中,执政者及执政党与市场化经济、政治民主化之间的发展都不是均衡的,形成民主政治发展的五种走向模式。当代中国发展民主政治应实行第五种模式,即在先推进经济市场化的情况下,适时跟进政治体制改革,推动政治民主化。中国政治民主化的实现,要依靠积极稳妥地推进政治体制改革,现在应首先着手启动县级以下行政区域范围内的政治体制改革。     

Judicial Reform – A Neglected Dimension of SSR in El Salvador

ABSTRACT

Security Sector Reform is an integral part of peace-building but the focus of international actors tends to be on formal state security providers. This article argues that reforms in the judicial system are key for the non-violent transformation of societal conflicts. Based on historical institutionalism a theoretical argument links justice and peace. Reforms of the judiciary need to be an integral part of SSR because otherwise reforms in the military and the police can easily be undermined or turned back. A case study on El Salvador provides empirical insights on the interrelation between reforms of these institutions.     

Democratic Survival, Peace, and War in the International System

Post-World War II Western foreign policies are often based on the claim that the spread of democracy will result in global peace. Our understanding of how this propagation can bring about peace is limited, and we have little reason to believe that the causal arrow points only in one direction. We tackle these issues by modeling the linkages between states' regime types, interstate conflict, and the strength of the democratic community relative to the autocratic community. Analysis of our model suggests initial increases in the strength of the democratic community increase the level of conflict in a system. Beyond a threshold of democratic strength, however, conflict wanes as the democratic community waxes. Our model also suggests that the survival rate of democracies increases as the material strength of the democratic community increases and decreases as systemic conflict rises. Empirical analyses offer support for the survival propositions.     

从上诉的目的看我国审级制度的改造和重构

上诉制度最主要的目的应当是纠正错误的裁判,保护当事人的合法利益,上诉的目的同时还应当包括保证法律的统一解释和适用。上诉目的实现的前提是事实问题与法律问题之分,事实问题与法律问题的区分具有相对性。我国宜建立三审终审制,进行第三审的法院只能是最高人民法院,同时应当建立小额诉讼程序和各种非诉讼纠纷解决机制,完善简易程序并扩大其适用范围,构建完善的审前程序,以此来充分发挥一审的功能。     

American Democratic Practice,France, and Russia: Institutions,Values, and Alternative Democratic Experience

The US emphasis on democratic procedures and property rights profoundly distinguishes the American polity from nearly all consolidated and newly emergent democracies; democracies that place stress on more egalitarian notions of social justice. Interrelating institutional arrangements and democratic values through an application of George Tsebelis's veto players theory and Isaiah Berlin's notions of positive and negative liberty, we juxtapose the American and French democracies as we assess Russia's post-Soviet democratic consolidation. We focus on the policy-making proclivities of these three states, and a combined application of the veto players framework and positive-negative liberty dichotomy reveals a US policy bias toward the status quo as contrasted with a French and Russian system bias facilitating more substantial policy change. The 1993–1995 Clinton health-care initiative, the 1997–2002 Jospin-Left program, with attention to the 35-hour workweek and associated policies, and the 2000–2006 Putin policy agenda, with attention to health care and housing measures, serve as national case studies to illuminate our arguments.     

中国民主行政发展的五大战略

民主行政包括两个向度:一是每个公民都有权参与行政活动;二是行政权力始终置于民主控制之下。只有同时注重这两者才会有民主行政的发展。推动中国民主行政的发展,应实施切实保障代议机构职权的行使,锻造有责任心和道德感的行政人员,强化政治家对行政人员的控制,推动公众参与行政进程和扩展公共商谈的空间等五大战略。     

People,Territory, and Legitimacy in Democratic States

Who are the people who should govern themselves in a democracy? This is the famous boundary problem to which this article offers a new approach. Most democrats, even nationalists and cosmopolitans, delimit the demos by relying on territorial jurisdictions. However, territory is not explicit in their arguments. This article urges democrats to recognize territory's normative importance rather than overlook the role it already plays in their theories. Acknowledging territory is a risky, yet promising, strategy. Risky, because it may lead to a vicious circle: one needs well‐defined territorial borders to delimit the people, yet one needs a well‐defined people to establish legitimate territorial borders. Promising, because it forces democrats to scrutinize implicit assumptions and find new resources for dealing with the vicious circle. The article describes four possible tacks by which theorists could navigate the waters of people, territory, and legitimacy in democracies: asserting, circumventing, solving, and dissolving the circle.