自治与立法的双重逻辑:法律多元理论视角下的互联网发展——360和腾讯纠纷案引发的思考

360和腾讯纠纷案提供了分析网络立法与网络自治的绝佳样板。网络立法与网络自治的冲突以鲜明方式体现出来,探究两者共存的基础显得必要而紧迫。法律多元理论为两者的协调发展提供了基础。在法律多元理论视角下存在自治与立法的双重逻辑,一是网络立法是优先法益立法,也是有限立法,法益标准的确定是网络立法的前提;二是为解决网络自治与网络立法的现实冲突,部分赋予网络自治规则予以习惯效力,促使网络规则向法律规则的转化,亦是互联网发展的有效途径。但转化过程中应当注意网络自治规则的普适性与实用性,防止垄断性企业对网络自治规则的滥用。     

Intersecting Inequalities: Reflecting on the Subjects and Objects of Equality

The creation of the Equality and Human Rights Commission (EHRC) brings together equality strands that have previously been conceived in a discrete manner, politically, legally and institutionally. Its establishment raises the possibility that UK equality institutions might be better able to engage with issues of 'intersectionality'. This article considers whether this potential is likely to be realised. It suggests that two distinct approaches are emerging in response to the challenge of multiple inequalities. One entails the EHRC retaining a separate strands approach to equality, with its notion of structural inequality and discrete, frequently competing, groups; a second entails the embrace of a diversity agenda in which we are all complex individuals seeking an equal opportunity to thrive in the market-place. Given the potential limitations of these approaches - the first may not be sufficiently flexible to allow for a joined-up approach to multiple inequalities, while the second may subordinate equality considerations to those of greater economy productivity - the article asks whether others way of negotiating the demands intersectionality might be open to the EHRC.     

少数民族地区教育发展现状、问题及其对策研究——以甘肃临夏回族自治州康乐县为例

通过分析甘肃康乐县教育发展现状,认为康乐县十一五期间,在国家政策的大力支持下,确立了教育优先发展的战略地位,教育事业有了很大发展,但由于经济发展的落后,致使教育事业还面临着较多问题,针对存在的问题提出了对策及建议。     

Neoliberalism,Nationalism and the Decline of Political Traditions

The three great Western political traditions (conservatism, liberalism, social democracy) incorporate three of the four possible combinations of the core political axes: traditional, unchanging authority versus the challenge of change, and egalitarianism versus inegalitarianism. The fourth possibility—egalitarian conservatism—has appeared in various guises, but has usually become submerged within the right, including its most authoritarian forms. Current xenophobic movements claiming to represent those suffering from excessive change—for example, those involved in the UK 's EU referendum and Donald Trump's victory in the USA —are seeing an apparent resurgence of this neglected tradition. What are its implications for politics in general?     

Fathers,Families and Work: Putting ‘Working Fathers’ in the Picture

This article is a review of Fathers, Families and Work, one of a series of reports published as part of the Equality and Human Rights Commission (EHRC)'s ‘Working Better’ programme. The article examines Fathers, Families and Work in the context of the wider conclusions and recommendations of the ‘Working Better’ programme and considers the extent to which these recommendations will translate into public policy. It concludes that there is a gap between parents' desire for both mothers and fathers to be involved in caring for children and the reality of long hours and inflexible workplaces that limits the time men can spend caring for children.     

Mobile Capital, Democratic Institutions, and the Public Economy in Advanced Industrial Societies

This article addresses the following questions. Is international capital mobility systematically related to reductions in the size of the public economy, as globalization theory suggests? Alternatively, do democratic institutions and processes shape the ways in which internationalization affects national policies? Specifically, I argue that the effects of capital mobility on the scope of the public economy should be conditioned by the institutional forms of societal interest representation and the formal organization of decision-making authority within the polity. Utilizing econometric analysis of 1964–1993 data from 16 nations, I find that international capital mobility has few direct effects on the scope of the public economy. However, configurations of democratic institutions fundamentally shape the domestic policy impacts of capital mobility. Where social corporatism and inclusive electoral institutions are strong and where decision-making authority within the polity is concentrated, international capital mobility is either unrelated to the scope of the public economy or positively associated with total public spending, social transfers, and public consumption. In institutional contexts of pluralist interest and exclusive electoral representation, and in polities where decision-making is dispersed, rises in capital mobility are systematically associated with rollbacks of the public sector.     

Pollution,Politics, and Preferences for Environmental Spending in the States

While state environmental and natural resource spending is designed to address actual environmental problems, the budget process is also inherently political. Thus, in the following article we ask a simple question: to what extent does state environmental and natural resource spending respond to the scope of environmental problems in a state, versus the demands of the political process? Unlike the bulk of previous research, we consider both aggregate spending and program‐specific spending. We also consider how the severity of environmental problems and the political environment may interact to determine spending. The findings show that politics, specifically the strength of the environmental movement, is a more important determinant of state environmental spending than pollution severity. However, for some program areas, it appears that strong environmental groups make state budgets more responsive to the severity of environmental problems.     

Special Interests,Regulatory Quality,and the Pesticides Overload

Pesticides overuse is a serious threat to ecosystems and wildlife, human health, and agricultural sustainability. So far, however, social scientists have not produced systematic evidence on the political–economic determinants of pesticides overuse. We argue that the agrochemical industry, as a profit‐motivated interest group, will only mobilize politically to avoid reductions in pesticides use when regulatory institutions are potentially capable of correcting a market failure. If regulatory institutions are weakened by corruption or other factors, pesticides overuse occurs with or without the influence of the agrochemical industry. We test this interactive theory systematically against quantitative data on pesticides use in 24 Organisation for Economic Co‐operation and Development countries, 1991–2003. Using corruption and other indicators to capture bureaucratic quality, we find substantively large and statistically robust interactive effects. The agrochemical industry is a crucial determinant of pesticides use in nations with low corruption, whereas the agrochemical industry has no effect on pesticides use under corrupt regulatory institutions. Troublingly, these results imply that reduced corruption may not improve actual regulatory effectiveness unless political institutions can somehow constrain the influence of special interests.     

Regulating Lobbyists: A Comparative Analysis of the United States, Canada, Germany and the European Union

Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (most particularly, the European Parliament). Despite the many works offering individual country analysis of lobbying legislation, a twofold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents—politicians, lobbyists and regulators—and how these compare and contrast across regulatory environments.
We firstly utilise an index measuring how strong the regulations are in each of the systems, and develop a classification scheme for the different 'ideal' types of regulatory environment. Secondly, we measure the opinions of political actors, interest groups and regulators in all four systems (through questionnaires and elite interviews) and see what correlations, if any, exist between the different ideal types of system and their opinions. The conclusion highlights our findings, and the lessons that can be used by policy-makers in systems without lobbying legislation.     

Conceptualising the policy engagement of interest groups: Involvement,access and prominence

While much progress has been made in empirically mapping and analysing a variety of interest group activities in the last decade, less attention has been devoted to conceptual work that clearly defines and distinguishes different forms of policy engagement. This article contributes to this endeavour by developing a theoretical framework that explicitly links currently available measures of the policy engagement of groups to the distinct concepts of group involvement, access and prominence. It argues that greater conceptual clarity will lead to better accumulation of knowledge in the sub‐field and a better understanding of the role of interest groups in political systems.     

我国社区矫正制度:缘起、问题与完善

社区矫正思想的产生与演进反映了现代社会对刑罚及行刑思想的理性探索。社区矫正制度的产生与发展符合行刑由严酷走向宽缓的国际趋势。我国实施社区矫正制度的前景取决于社会刑罚观念、社区的发育成熟度以及相关法律的完善程度。目前,社区矫正制度在我国施行中存在以下问题:其一,重刑主义思想在人们心目中的根深蒂固;其二,社会基础层面社区发育的不成熟;其三,法律规范层面社区矫正相关法律有待完善。我国可从以下三个方面解决实施社区矫正中存在的问题,完善社区矫正制度:其一,营造宽严相济思想的社会氛围;其二,进一步塑造社区矫正所需要的社会基础;其三,完善我国社区矫正制度的相关立法。     

Mangroves, crabs, clams and communities in Airai State, the Republic of Palau

A collaborative 18 month study was conducted within 4 protected mangroves areas in Airai State, Southeast Babeldaob and the Republic of Palau with traditional men and women groups. Water quality, forest structure, and the size distribution and relative abundance of the mud crab, Scylla serrata and the clam Anodontia edulenta were studied. Water quality parameters differed significantly between sites as follows： pH （F=16.8; df=3,138; p〈0.000）, turbidity （KW-H=22.07; df=3,162; p〈0.0006）, salinity （F=19.8; df=3,366; p〈0.000）, dissolved oxygen （KW-H=13.4; dr=3, 169; p〈0.0012） and temperature （F=4.33; df=3,157; p〈0.006）. The total mean density of all trees was 2,077±225 stems ha^-1 and differed significantly between sites （KW-H=9.3; df=3; p〈0.02）. The total mean basal area was 18.9±2.76 m^2ha^-1 and differed significantly between sites （KW-H=36.2; df=3; p〈0.000）. The total mean volume of all trees was 679 m^3ha^-1 ± 201 m^3ha^-1. The total mean density of saplings was 1,234 ± 297 saplings ha^-1. The mean percent tree canopy cover significantly differed between sites （F=3.3; df=3, 32; p〈0.02）. Mean soil elevation decreased at sites 1 and 4 and increased at sites 2 and 3. The mean soil accretion was greater at sites 1 and 3 than sites 2 and 4. The mean weight for all crabs was significantly different between sites （F=3.2; df=3, 178; p〈0.02）. The mean weight for 55 females was 0.62 g ± 0.04 kg （SE） and differed significantly between sites （F=4.2; dr=3, 51; p〈0.01）. The mean weight for 157 males was 0.75 ± 0.04kg （SE）. The mean carapace width （CW） for all crabs was 14.30 ± 0.20 cm （SE）. The mean carapace width （CW） for 56 females was 14.4 ± 0.35cm （SE） and significantly differed between sites （F=4.6; df=3, 52; p〈0.006）. The mean carapace width （CW） for 157 males was 14.3 ± 0.21 cm. The mean CPUE for all sites was 0.48 ± 0.04 crabs trapl night^-1 （SE） and significantly differed between sites （F=2.9; df=3, 77; p=0.04）. A total of 21 tagged crabs were recaptured in the same area they were initially tagged, of which 3 male crabs had molted. A male was recaptured in the same trap 180 days after capture at Site 1 ; the carapace width increased by 3.6 cm and a weight increase of 0.75kg. A single A. edulenta was found in the protected areas. Clams harvested in Airai State outside the protected areas were significantly smaller than clams harvested in northwest Babeldaob （F=14.8; df=1, 198;p〈0.0002）. Crab fishers and the community recommended a harvest ban on female crabs, enforcement of existing 6inch CW harvest size limit, further investigation of point sources of coliform bacteria and sediment pollution and a harvest limit on mangrove trees.     

The adult worker model family,gender equality and care: the search for new policy principles and the possibilities and problems of a capabilities approach

There is evidence that policy-makers in most Western welfare states are moving towards a new set of assumptions about the contributions that men and women make to families, based on an adult worker model. This paper first examines this shift in policy assumptions at the EU level and goes on to argue that there are real limits to the pursuit of a full adult worker model based on the commodification of care. In respect of gender equality, this in turn raises the issue of the terms and conditions on which such a shift in policy assumptions are made, particularly about the valuing and sharing of the unpaid work of care. The final part of the paper examines the possibilities offered by the capabilities approach of addressing these issues.     

Interest group–party linkage in the twenty‐first century: Evidence from Denmark,the Netherlands and the United Kingdom

This article systematically investigates interest group–party interactions in the Netherlands, Denmark and the United Kingdom based on cross‐national surveys with responses from 1,225 interest groups. The findings show that interest groups and parties still interact in the beginning of the twenty‐first century, but that the vast majority of their interaction involves a low degree of institutionalisation. Using fractional logit analysis, it is demonstrated that the strength of interest group–party linkage is primarily affected by systematic differences in state–society structures and organisational group characteristics. Moreover, differences are found in what conditions different types of interaction. Whereas historical legacies and partisan origin influence an interest group's structural party links, group resources make interactions of a less institutionalised, ad hoc nature more likely.     

Liberal Democrat Councillors: Community Politics, Local Campaigning and the Role of the Political Party

Liberal Democrats have long displayed the success of community politics since its adoption at the Liberal Party Assembly in 1970. Community politics, however, brings with it not only electoral success but an expectation amongst voters that Liberal Democrat councillors will act in certain ways as local representatives. The article presents the results of national research conducted amongst councillors of the three main parties, and compares the attitudes of Liberal Democrat councillors to aspects of local democracy with those of their Labour and Conservative counterparts. It identifies two types of Liberal Democrat councillor and uses these to explain the attitudinal differences and similarities found with Labour and Conservative councillors.     

Working with Complexity: Community Engagement and the Murdi Paaki COAG Trial 2002–2007

Achieving improvements in indigenous health and education and reducing the incidence of crime and domestic violence in indigenous communities has proved heartbreakingly difficult. The Murdi Paaki COAG trial in western NSW aimed to break this pattern of failure by tailoring flexible Commonwealth and State government support to indigenous communities, working within a framework of shared responsibility. In this article we assess the trial as a policy strategy by comparing outcomes and patterns of outcomes across the sixteen communities. We found that the strategy worked best where ‘good enough’ governance was aligned with flexibility, rather than with control. This way of working is difficult for governments as it can be a slow process, and requires stability in the policy and engagement framework to deliver results. More broadly, our findings confirm the usefulness of complexity theory to illuminate and to explain the evolution of process in administrative contexts involving networked governance.     

论我国宪法权利限制的实质、困境与对策

尽管享有权利是人类社会生活的一部分,但为了维护公共利益,个人宪法权利还必须受到限制。然而,权利限制的最终目的还是为了保障人的生存与发展,进而实现人的价值。由于诸多原因的影响,我国宪法对公民宪法权利的限制存在着一定的缺陷,不利于公民宪法权利的实际享有。因此,亟需从宪法权利限制的原则、方式和具体条文等方面完善我国宪法权利的限制。     

关于运用添乘机车形式发现和解决线路治安问题的思考

安全是铁路运输工作的永恒主题,也是铁路公安机关竭尽全力做好的核心工作。在和谐铁路建设深入推进、科学发展的新形势下,铁路公安机关必须充分认识到添乘机车检查制度实施的重要作用和现实意义,在具体实践中查找和分析添乘机车制度组织实施中存在的问题和薄弱环节,从而更深层次地探寻其规律、特点,以便更好地发挥这种形式在发现和解决线路治安问题中及时、快捷、直观、综合的作用。