制度权威缺失的原因探究

“徒法不足以自行”。当前,在我国的制度建设进程中,树立制度应有权威是一项非常紧迫的任务。制度权威缺失有其内外部原因:制度权威和政治权威缺乏相容性、正式制度和非正式制度缺乏相容性是其外部因素;制度与制度体系的自身不足是其内部因素。     

俄罗斯联邦国务委员会的起源、发展及作用——基于国家权力结构变迁视角

叶利钦执政早期,国务委员会充分发挥了协调整合行政权力的功能,使俄国家权力结构避免了宪制改革后的严重混乱失衡.1993年《俄罗斯联邦宪法》颁布后,俄罗斯的国家权力结构趋于多元化,国务委员会既无法解决中央层面的总统与立法机关的结构矛盾,又无法解决源自地方分裂主义的"央地"权力结构松散,因而归于沉寂.2000年普京开始执政后重设国务委员会.尤其在2004年"别斯兰事件"发生后,俄罗斯的国家权力结构再度集中,系统性压力激增,国务委员会的作用不断被强化,国务委员会的事务性工作人员得到扩充,工作机制和议事规则得到进一步规范.2008—2012年,国务委员会成为紧密联系"央地"的关键纽带,在一定程度上,维系了国家政治局势的稳定发展.2012年,在普京第三任期,其成功地协调了因"统一俄罗斯"党崛起而引起的联邦中央权力结构张力,缓解了央地行政层面的权力结构矛盾.2020年修宪后,国务委员会的作用向协助总统整合"全联邦"国家权力的方向转变.同时,"国务委员会"获得宪法地位,成为宪法性权力机关.     

证明责任制度的改革完善

本文以我国刑事诉讼法修改为着眼点,针对我国现行刑事证明责任制度的特点和问题,指出我国立法应当明确规定检察机关在公诉案件中承担证明责任。在检察官承担证明责任的前提下,法官所承担的证据上的责任具有补充性、核实性以及加强性的特点。同时,还注意到,法官完全被动,只判定而不主动调查的制度安排不符合追求实体真实这一我国刑事诉讼的目的与精神。而过分地赋予法官查证责任则将损害审判的中立、独立,损害司法公正,也不符合我国诉讼制度改革的要求。     

Whole-person health and development: two South Indian initiatives

ABSTRACT

In responding to the 2016 reformulation of the United Nation’s Sustainable Development Goals, the development community’s efforts are focused on a sweep of initiatives aiming to promote whole-society, sustainable development. The ambition of the SDGs is inspiring, but also daunting, and does not always sit easily within national models of economic development. This viewpoint profiles two organisations in the south Indian state of Tamil Nadu, that have decades of experience in whole-person development among scheduled tribes and disability communities. Both organisations serve as timely examples of ongoing holistic, whole-person health and development in the context of new ideals and economic realities.     

加强公安队伍职业化建设的几点思考

公安队伍职业化建设是公安工作走向现代化、社会化的一个必然变迁过程和形态,具有相对严格的构成要素。推进公安队伍职业化建设,必须大力加强政治建警,理顺组织管理体制,健全教育培训机制,优化监督惩戒机制,推进公共关系建设。     

Cooperation,not cost savings: explaining duration of shared service agreements

Among local governments, inter-municipal cooperation is the growing reform; but the literature is silent regarding the determinants of longer-term shared service agreements. We conducted a survey of all local governments in New York State in 2013 to assess the level of sharing across 29 public services. The duration of shared service agreements varies from 1 to 80 years. What explains this difference? Our hierarchical linear model shows that service sharing agreements fall along a cooperation continuum, where cost savings are a determinant of shorter agreements, while the public values of service quality and cross-jurisdictional coordination explain longer-term agreements. We also find that positive past experience with sharing partners increases the duration of sharing agreements. Our analysis lays the foundation for new theories of shared services that build directly from the benefits of improved regional coordination, inter-municipal reciprocity and service quality, not from theories based solely on competition and costs.     

Can Tourism Promote Inclusive Growth? Supply Chains,Ownership and Employment in Ha Long Bay,Vietnam

Inclusive growth is contested yet adopted by the World Bank to reduce poverty and inequality through rapid economic growth. Research has tested inclusive growth in sectors including agriculture, but few studies apply it to tourism which is significant for many developing countries. The paper interrogates tourism-led inclusive growth: supply chains, economic linkages/leakage, ownership, employment and expenditure. It draws from fieldwork in Vietnam where tourism has rapidly developed with partial economic benefits for local communities, but does not appear to fall within the inclusive growth paradigm. It is unclear if tourism-led growth will become any more inclusive in the short-to-medium term.     

Sexual Orientation, Partnership Formation, and Substance Use in the Transition to Adulthood

Evidence suggests that lesbian and gay young adults use substances more frequently than their heterosexual peers. Based on the life course perspective, we argue that this difference may be due to the unavailability of marriage as a turning point in the lives of lesbian/gay young adults. We use data from a nationally representative sample of youth (N = 13,581, 52.4% female, 68.6% white, ages 18—26) to examine sexual orientation differences in substance use and explore whether these differences vary by romantic partnership formation in young adulthood. We find that the formation of more serious partnerships (e.g., cohabitation, marriage) is associated with less frequent substance use among heterosexual young adults, though this pattern does not hold for lesbian and gay young adults. We conclude that the partnership options available to lesbians and gay men do not provide the same health-protective benefits that marriage does for heterosexuals.     

Monetary Orientalism: Currency Wars and the Framing of China as Global Cheater

China stands as a paradigmatic sign of deep angst for the United States in late stage capitalism, a menacing spectre of foreignness and otherness that organises Western popular anxieties at a time where nothing is fixed within international markets. Focusing on the so called “currency wars” debate that erupted in the early twenty-first century, when the PRC was accused of devaluating its currency, this article contends that PRC’s representation as a prime currency manipulator and cheater can be conceptualised through what I am calling monetary Orientalism or the ways imperialising thoughts circulate around monetary flows in relation to a rising Asiatic superpower. This framework serves as a prime lens for situating US nationalist sentiment and its sense of an exceptional global self against what it perceives as a global other.     

Explaining race,poverty, and gender disparities in advanced course‐taking

We use panel data on Florida high school students to examine race, poverty, and gender disparities in advanced course‐taking. While white students are more likely to take advanced courses than black and Hispanic students, these disparities are eliminated when we condition on observable pre–high school characteristics. In fact, black and Hispanic students are more likely than observably similar white students to take advanced courses. Controlling for students' pre–high school characteristics substantially reduces poverty gaps, modestly reduces Asian–white gaps, and makes little dent in female–male gaps. Black and Hispanic students attend high schools that increase their likelihood of taking advanced courses relative to observably similar white students; this advantage is largely driven by minorities disproportionately attending magnet schools. Finally, recent federal and state efforts aimed at increasing access to advanced courses to poor and minority students appear to have succeeded in raising the share of students who take advanced courses from 2003 to 2006. However, secular trends (or spillovers of the policies to non‐poor, non‐minority students) have spurred faster growth for other students, contributing to widening demographic gaps in these years. © 2009 by the Association for Public Policy Analysis and Management.