中国特色社会主义人权理论体系论纲

随着改革开放的深入,中国的人权事业取得了巨大的进展,人权的理论研究逐渐成熟,梳理、提炼中国特色社会主义人权理论体系已为可能。中国特色社会主义人权理论体系的基础性要素,包括人权的概念、属性、类别、实现机制和社会条件等。中国特色社会主义人权理论,既承认人权是人类的共同理想和价值准则,是人之为人不可剥夺的权利,尊重和保障人权是每个主权国家的义务,需要通过国内的立法、行政和司法机制予以落实,需要加强人权国际合作以促进其实现,也承认人权发展的阶段性和历史文化传统对人权实现方式的影响,反对人权国际合作中的霸权主义倾向。     

Contextual Compliance: Situational and Subjective Cost‐Benefit Decisions about Pesticides by Chinese Farmers

This article analyzes how cost‐benefit calculation influences compliance with pesticide regulation by Chinese farmers. Building on a study including 150 farmers and experts, it studies how operational costs and benefits and deterrence affect compliance. Moreover, it studies what variation in cost‐benefit perceptions there are with different types of rules, farms, and villages. It finds that, in this context, cost‐benefit calculation matters for compliance; with operational costs and benefits being more clearly related to compliant behavior than deterrence. It highlights that perceptions about costs and benefits are situational and vary along the type of legal rule and the type of regulated actor. It also shows that such perceptions are individually subjective, as even with similar rules and similar types of actors, perceptions vary. The paper concludes by stating expectations on how the situational and subjective nature of cost‐benefit calculation can inform regulators seeking to enhance compliance.     

The Legal Case File as Border Object: On Self‐reference and Other‐reference in Criminal Law

What do case files do? With help of an ethnographic study on the care, maintenance, and use of legal case files in a Dutch, inquisitorial context, we work through Latour's and Luhmann's conceptualizations of law. We understand these case files as enacting and performing both self‐reference and other‐reference. We coin the term border object to denote the way the legal case file becomes the nexus between two worlds it itself performatively produces: the world of ‘law itself’ on the one hand, and the ‘world out there’ on the other. As such, our discussion offers clues for a partial reconciliation of Latour's and Luhmann's conceptualizations of law: while Luhmann's insistence on other‐referential operations assist in showing how law forges an ‘epistemic relationship’ with the realities it seeks to judge, Latour's concentration on the materialities of epistemic practices assists in situating these other‐referential and self‐referential operations.     

Jealousy,intimate abusiveness,and intrusiveness

An examination of self-report scales of 160 men and 76 of their partners or former partners found significant correlations between jealousy and abusiveness (for coupled dyads) or intrusiveness (for separated dyads). Jealousy was related to borderline personality and to MCMI-II measures of Post Traumatic Stress Disorder. Rejection sensitivity leading to pathological acts, such as abusiveness and intrusiveness, is seen as originating in early insecure attachment and exposure to shaming experiences.     

Competency management and civil service professionalism in Dutch central government

Competency management has only recently been introduced into personnel management in Dutch central government. The decentralized nature of Dutch central government and its personnel management systems generates marked variation in the degree to which competency management is being applied across the Dutch civil service. The success or otherwise of competency management schemes in both government departments and the higher civil service in The Netherlands, the Senior Public Service, show mixed results. Although all departments have taken steps in the direction of competency management, a few well-developed programmes are in use. The competency management system of the Senior Public Service, then, serves as a basic tool for its management development programmes. Its aim is to enhance civil service professionalism among senior civil servants. The practical effects of competency management programmes, however, can be questioned. Because competency management links personnel development to pay and career decisions, it could well elicit strategic behaviour by staff members; at worst, it could run the risk of becoming a self-defeating initiative.