评人体器官与组织捐赠无偿性原则——兼对器官与组织捐赠有偿化改革的设想

人体器官、组织捐赠无偿性原则是联合国反复重申并被各国立法严格贯彻的医疗及法律准则 ,但该原则亦有贯彻“过度”的问题。而这一问题的解决有赖于对器官、组织捐赠有偿化及其限度的探讨。     

The council political system: Its concept,historical rooting,and its distinguish from other parliamentary systems

The council's political system (CPS) is based on a basic idea that the legislative authority dominates the executive authority as the sole representative of the people, it authorizes the executive authority to carry out executive activities on its behalf with the latter remaining subordinate to the former and operating under its supervision and direction. CPS is considered one of the few systems of Parliament in application compared to other parliamentary systems and was often used by countries in times of crises experienced by them in an attempt to overcome those crises, given that this system limits the power of actual decision‐making to the legislative authority. CPS can be distinguished from other parliamentary political systems both presidential and parliamentary through several things, the most prominent of which is based on the idea of the relationship between its powers being included in favor of the legislative authority, and not on the basis of cooperation as is the case in the parliamentary system, or on the basis of complete separation as it is the situation in the presidential system. The results indicated that the success of the implementation of the council system depends on the nature of the ruling system that will be adopted and the philosophy that is based on it, in addition to the necessity of a high degree of political awareness. Through these results, we recommend the application of the CPS in light of the outbreak of the COVID‐19 and the subsequent political and societal changes.     

Decomposing political advertising effects on vote choices

Public Choice - This paper studies the channels through which political television advertising influences individuals' voting decisions. Scholars are interested to learn whether advertising...     

Analyzing Territorial and Sectorial Dimensions of Public–Private Partnerships in Science,Technology, and Innovation policies

The performance of innovation systems depends, to a great extent, on the degree of public–private collaboration they involve. Thus, innovation policies often aim to enhance this collaboration through public–private partnerships. These partnerships are a multidimensional phenomenon whose success depends on factors related to each of their dimensions. This paper proposes the use of an analytical model that reflects the multidimensional nature of public–private partnerships and analyses to what extent they are applied in a specific innovation system in order to identify the territorial and sectorial factors that act as barriers or drivers to use them. This model aims to help policy makers design appropriate public–private partnerships in each context. The case under review is the Spanish innovation system, given that this system has been suffering from a structural lack of collaboration for several decades, despite the implementation of policies aimed to foster this. Thus, if the model works, it should be able to identify key factors that influence greater or more restricted use of the different PPP formulas.     

China’s Experience in Legislation on Special Economic Zones

Since adoption of the policy of reform and opening up in 1978, China, in efforts to attract foreign investment and introduce advanced technologies into the country,     

裁量基准的制度定位——以行政自制为视角

面对裁量基准在我国行政执法实践中的发展,亟待从制度层面对裁量基准的性质、功能和边界加以合理的定位。在行政自制的视角下,考察各地所推行的裁量基准实践,裁量基准在性质上应当被看作一种行政自制规范。它对裁量权正当行使的自我控制功能,主要是通过情节的细化和效果的格化技术,来达到对裁量权的限定、建构和制约。然而,裁量基准作为一种规则化的自制,亦有其难以克服的局限性,对此必须在制度设计上充分把握三个方面的平衡,即在羁束与裁量之间的平衡、规则与原则之间的平衡以及自制与他制之间的平衡。有必要倡导一种功能主义的行政自制观,以此推进中国行政法治的新发展。     

Making the Case for Evaluation Partnerships in Child Protection Mediation Programs: Insights from a Case Study

Many jurisdictions have instituted child protection mediation programs (CPM) for the purposes of reducing the length of children's stays in out‐of‐home care and decreasing court system burden, and numerous studies have shown promising results. However, important implementation and sustainability problems persist. This article presents a case study's findings and retrospectively interprets underlying reasons for challenges the program faced in implementation. Study implications call for a more structured planning process, including early partnership with experienced court‐based evaluators to develop successful marketing and recruitment strategies that may encourage stakeholder endorsement and foster sustainability.     

司法审级中的信息、组织与治理——从中国传统司法的“上控”与“审转”切入

尽管从表面上看,中国传统司法审级中的上控与审转违反了上诉审的经济学原理,但本文的分析表明,这两种制度的出现实际上来源于古典司法复审的政治治理功能,并且在事实上构成了一种有效率的信息机制与组织替代,回应了古代社会低成本地获取地方治理信息的难题。但这些理论上合理的制度在实际的运行中也产生了许多问题,并且一直存在于当下中国的审级制度之中,其根本的解决进路只能是在国家能力建设基础上超越科层化的制度分工与审级分工。