德国法院在公务员惩戒救济制度中的角色

文章探讨德国《联邦惩戒法》制度下行政法院的角色与功能。与中国制度不同,在德国公务员惩戒决定不但不排除在法院受案范围之外,然而有部分处分决定甚至需要经过行政法院审理通过方能作出。为此,德国行政诉讼法设有专门的诉讼类别,即"惩戒诉讼"(Disziplinarklage)。笔者认为,该制度由于在客观性、中立性上存在较大优势,适合较严厉的惩戒处分,故对中国公务员制度今后的发展完善具有一定的参考价值。     

Heimlich trauma: a violent maneuver.

The Heimlich maneuver is a life-saving technique for dislodging foreign material from the respiratory tract. This report illustrates intraabdominal injuries, including a large mesenteric laceration, mesenteric contusions, and intraperitoneal hemorrhage, that occurred in a recipient of a vigorously applied Heimlich maneuver. The potential for confusing such injuries with homicidally inflicted injuries is emphasized.     

Remunicipalization in German cities: contesting neo-liberalism and reimagining urban governance?

After two decades of widespread privatization, German municipalities have started to re-purchase privatized companies. At the same time, social movements are campaigning for remunicipalization, promoting it as a means of achieving greater urban democracy, though these objectives are often divergent from those of municipalities concerned with reasserting local state autonomy. With reference to Berlin, the paper discusses how remunicipalization campaigns might contribute to post-neo-liberal urban governance. It presents a preliminary frame for developing progressive remunicipalization movements centred on three elements of contestation: rejection of neo-liberalism; connection to other and broader struggles; and commoning as an alternative form of urban governance.     

Public Services and the Internal Market: Building Blocks or Persistent Irritant?

Critics such as Fritz Scharpf maintain that in the EU, negative integration (abolishing national rules) by definition wins out over positive integration (adopting new EU rules). This claim is examined here regarding public services—both utilities and welfare services. In EU law, the (partly overlapping) relevant categories are as follows: (1) services of general interest (SGI) and (2) services of general economic interest (SGEI). The latter are provided by undertakings. SGI that are not also SGEI are subject only to non‐discrimination requirements: this covers most welfare services. SGEI must comply with the EU competition and state aid rules, which promotes liberalisation. However, a proportional exception is allowed in so far as necessary for SGEI to carry out their public tasks. Moreover, alongside liberalisation, EU regimes for public services have emerged that benefit citizens/consumers. In sum, public services can now arguably be seen as building blocks of the internal market.     

Measuring the Ambivalence of Religion: Introducing the Religion and Conflict in Developing Countries (RCDC) Dataset

Despite ample anecdotal evidence, previous research on violent conflict has found little evidence that religion is an important factor in organized violence. Quantitative work in this area has been largely confined to the interreligious character of conflict and measures of religious diversity, and has strongly neglected the peace aspect of religion. The Religion and Conflict in Developing Countries (RCDC) dataset helps to fill this gap with innovative and fine-grained data for 130 developing countries between 1990 and 2010. RCDC includes four types of religious violence (assaults on religious targets, attacks by religious actors, clashes between religious communities, and clashes with the state). In addition, RCDC contains data on interreligious networks and peace initiatives. This article demonstrates the usefulness of RCDC by applying our data to a preliminary analysis. The results indicate that interreligious networks are a reaction to identity overlaps and previous interreligious conflict.     

Heidegger's Political Philosophy and the Theory of the Liberal State

The paper explores Martin Heidegger's political philosophy and its relation to the theory and ethical foundations of the liberal state. It first reconstructs the key doctrines of Heidegger's philosophy formulated in Being and Time. It then turns to Heidegger's later philosophy after the famous turning and investigates its relation to the fundamental ontology of Heidegger's earlier years. In a third step, Heidegger's much discussed Nazism and its link - by some commentators fervently defended and by others passionately denied — to his philosophy is the focus of attention. The findings about Heidegger's philosophy are then critically assessed: firstly as to their philosophical merits concerning fundamental questions of epistemology, ontology or philosophical anthropology and secondly as to their relations to the ethical and theoretical foundations of the liberal state. As a result some proposals are made as to whether or not it is justified to regard Heidegger's work as part of the darker legacies of European thought. This revised version was published online in July 2006 with corrections to the Cover Date.     

Conflict Between Doctor and Patient

"The belief that doctors can act on behalf of patients denies the existence of inevitable conflict." Jay Katz¹