政治实践领域的生态面向——绿色非政府组织的行动模式分析

绿色非政府组织是生态政治在实践领域最为活跃的行动者之一.面对资源动员和政治效力两种功能性要件,绿色非政府组织在行动的组织模式和压力方式上形成了交叉组合的现象,制度建设似乎正在逐渐取代对抗政治.在这种情况下,绿色非政府组织同时面临着政治机会和危险,一方面取得了实践资源和生态成果,另一方面也伴随着失去绿色非政府组织本身存在意义的危险.     

非政府组织发展与我国人民代表大会制度的完善

完善和发展人民代表大会制度必须充分认识我国社会业已发生的深刻变革,即社会的多元化发展已经对我国民主政治的实现形式提出了新的要求和新的挑战。作为现代公民社会基本组织形式的非政府组织,在社会动员与社会参与、监督人大行使职权、实现人民当家作主与建立公民社会等方面,对完善人大制度起着不可替代的作用。     

Smoke,Curtains and Mirrors: The Production of Race Through Time and Title Registration

This article analyses the temporal effects of title registration and their relationship to race. It traces the move away from the retrospection of pre-registry common law conveyancing and toward the dynamic, future-oriented Torrens title registration system. The Torrens system, developed in early colonial Australia, enabled the production of ‘clean’, fresh titles that were independent of their predecessors. Through a process praised by legal commentators for ‘curing’ titles of their pasts, this system produces indefeasible titles behind its distinctive ‘curtain’ and ‘mirror’, which function similarly to magicians’ smoke and mirrors by blocking particular realities from view. In the case of title registries, those realities are particular histories of and relationships with land, which will not be protected by property law and are thus made precarious. Building on interdisciplinary work which theorises time as a social tool, I argue that Torrens title registration produces a temporal order which enables land market coordination by rendering some relationships with land temporary and making others indefeasible. This ordering of relationships with land in turn has consequences for the human subjects who have those relationships, cutting futures short for some and guaranteeing permanence to others. Engaging with Renisa Mawani and other critical race theorists, I argue that the categories produced by Torrens title registration systems materialise as race.     

The Future Climate Regime: A Regional Comparison of Proposals

This paper compares and clarifies differences revealed in proposals from different regions on a future multilateral climate regime, after the year 2012. More than 100 articles in English were collected, categorized according to the lead authors region, and then reviewed to identify the general tendencies of each region. Proposals on emission allocation rules were the most popular in Europe, while rules related to international emissions trading dominated proposals from the United States. Few articles came from other Annex I countries, but these generally provided only the most basic aspects of a future regime. Meanwhile, concerns for equity and the relevance of any new regime in terms of sustainable development were clear in proposals from non-Annex I countries. Differences among regions were considered to be a reflection of current circumstances in each authors region. The capacity and culture of authors in some regions were considered to be other possible factors in differences. The paper concludes that recognition of regional background that formulate respective preferences and concerns regarding a future climate regime will be important to help reach a multilateral agreement in future official negotiations.     

Targeting the Treatment: The Strategy behind Lyndon Johnson's Lobbying

Lyndon Johnson woke up studying whip counts, went to bed reading the Congressional Record, and invested countless hours in between translating that political intelligence into a lobbying offensive. The result, famously christened “The Johnson Treatment,” remains the archetype practitioners and political scientists cite when appraising presidential leadership on Capitol Hill. Yet Beltway folklore aside, we know little about how LBJ helped forge winning legislative coalitions. Stepping back from the (countless) colorful anecdotes, this study offers a new and systematic look at Lyndon Johnson's lobbying. Specifically, after exploring theoretical models of presidential coalition building, we then investigate their operational tenets using original data on all President Johnson's contacts, with each member of Congress, in both chambers, for every day he was president.     

Three Principles of Transnational Corporate Bankruptcy Law: A Review

Abstract: After having discussed the weaknesses of the universalist and territorialist approaches to transnational corporate bankruptcy law, this article argues that a free‐choice régime could combine the advantage of ex post value maximisation of the firm's assets with a comparatively higher degree of ex ante predictability to investors. In addition, it could lead to a better alignment between corporate ownership structures and corporate bankruptcy régimes. Moreover, a free‐choice régime could potentially open the door for regulatory competition in corporate bankruptcy law. However, EC Regulation 1346/00 on insolvency proceedings implements a system of modified universalism, which allows for strategic ex post forum shopping by debtors while keeping the national legislatures’ monopoly in the field of corporate bankruptcy in place. It is suggested that even though it cannot be predicted that a free‐choice régime will pressure state lawmakers to improve their corporate bankruptcy laws, a system of free choice could redirect the law‐making agenda in the EU by focusing the coordination efforts of lawmakers on those issues—such as security interests in property and statutory priority rights—which could negatively affect the proper functioning of the Internal Market, while enabling Member States to customise corporate bankruptcy laws to local preferences and needs.     

解读我国《涉外民事关系法律适用法》

《涉外民事关系法律适用法》是我国历史上第一部系统调整冲突法问题的法律,它的实施将会对我国和同我国有着密切民事交往的外国产生深远的影响。通过对该法一般性的规定和几个特定领域的冲突规范的解读,可以看出许多当代国际私法的发展和成就已被其接纳,但一些实施细节有时还不得不求助于旧的规定或有待实践予以补充。总体上讲,它应当受到国内外的一致欢迎。     

The Strategic Timing behind Position-taking in the US Congress: A Study of the Comprehensive Immigration Reform Act

Roll call voting by members of the US Congress has been frequently studied. In contrast, the various decisions leading up to roll call voting are relatively unexplored. This article analyses one of those decisions: when senators announce their final passage vote intention. The authors use the same set of variables to analyse both the timing of the announcement and the final passage vote. They find that different independent variables predict these two different decisions, though the constituency and the senator's institutional setting matter in both. Furthermore, this study corroborates an assumption in the rational choice literature that those members with the most information are the first movers.     

Competition and Cooperation in International Commercial Arbitration: The Birth of a Transnational Legal Profession

This paper revisits the sociology of international commercial arbitration on the basis of unexploited archives and data. This material casts new light on the competition between “grand old men” and “young technocrats” in the 1980s and 1990s, a theme that has structured the analysis of international commercial arbitration since the pioneering work of Yves Dezalay and Bryant G. Garth (Dealing in Virtue). In contrast, the data show that the crucial transformative period actually took place between the 1950s and 1970s, when a relatively well‐defined group of individuals emerged as the leading arbitrators at the International Chamber of Commerce. These individuals— the “secant marginals”—succeeded in constructing a cooperative interface (rather than competition) between otherwise separate legal systems and professions. In doing so, they created the conditions necessary for the emergence of a new transnational legal profession. At a more general level, the article proposes an alternative narrative of globalization, wherein actors operating at the intersection of various systems, create new arenas of governance on the basis of inter‐system cooperation.     

Drugs behind the veil of Islam: a view of Saudi youth

Crime, Law and Social Change - Insufficient research exists on drug trafficking and abuse in Saudi Arabia. This paper aims to uncover how drugs are trafficked to Saudi Arabia, what factors...     

第三部门崛起:现状、问题及对策

作为促进上海社会全面进步过程中的一个重要能动因素,近年来上海的第三部门已经有了很大的发展。但就总体态势而言,仍处于起步阶段,并且存在不少问题亟待解决。本文根据上海的实际就第三部门的进一步发展提出五条对策性建议,旨在为正在迅速崛起中的上海第三部门廓清发展道路,并由此为上海在新世纪中的社会全面进步奠定坚实可靠的基础。     

Kant and the Transnational Order: Towards a European Community Jurisprudence*

Abstract. This paper seeks to suggest a jurisprudential grounding for the European Community, and seeks to do so by using a specifically Kantian philosophy of law. Kant's observations on the nature of transnational orders, like so much of his political theory, have tended to be overlooked. To do so is to overlook one of the great political and jurisprudential treasures in modern western thought. It will be suggested that a proper understanding of a Kantian normative order, and the application of such a model to the European Community will serve to dispel much of the confusion and sometimes near histrionic commentaries which have characterised recent attempts to understand the jurisprudence of the Community.     

More Than a Glance: Investigating the Differential Efficacy of Radicalizing Graphical Cues with Right-Wing Messages

European Journal on Criminal Policy and Research - In recent years, online radicalization has received increasing attention from researchers and policymakers, for instance, by analyzing online...     

农村NGO的发展与社会主义新农村建设

农村NGO的发展有利于农村市场经济的发展,有利于农民收入水平的提高,有利于农村公共产品的供给,有利于农村管理体制的改革,有利于农村文明新风的树立,从而能有效地促进社会主义新农村的建设。在社会主义新农村建设进程中,农村NGO在发展过程中面临着认识不够、资金不足、环境不优、管理不善等问题,对此,必须通过加强宣传引导、健全筹资体系、加大扶持力度、强化内部管理等措施来促进其发展。     

诉讼时效的起算

诉讼时效的起算是诉讼时效制度的难点之一。从理论与实践相结合的角度剖析我国现行各类诉 讼时效的起算问题,特别是一些在司法实践中较为复杂的时效起算问题。     

跨国犯罪及其罪犯的引渡问题探析

当前，跨国犯罪问题日趋突出，国家之间如何加强司法协助共同打击跨国犯罪显得非常迫切。首先指出跨国犯罪的特征，其次就国际司法协助中主要的方式──引渡的主体、对象、程序等问题进行论述，最后提出引渡中存在的问题及对策。     

The Crime-Terror Continuum: Tracing the Interplay between Transnational Organised Crime and Terrorism

Increasingly since the end of the Cold War and the subsequent decline of state sponsorship for terrorism, organised criminal activities have become a major revenue source for terrorist groups worldwide. Building on the precedent set by narco-terrorism, as it emerged in Latin America in the 1980s, the use of crime has become an important factor in the evolution of terrorism. As such, the 1990s can be described as the decade in which the crime-terror nexus was consolidated: the rise of transnational organised crime and the changing nature of terrorism mean that two traditionally separate phenomena have begun to reveal many operational and organisational similarities. Indeed, criminal and terrorist groups appear to be learning from one another, and adapting to each other's successes and failures, meaning that it is necessary to acknowledge, and to understand the crime-terror continuum to formulate effective state responses to these evolving, and periodically converging, threats.