也是西风渐东土——《民法研究指引》的指引

《民法研究指引》一书作为日本民法研究方法的集成,在日本法学界受到极高重视,但此书诞生于20世纪末,其所介绍的论文写作方式与日本继受法学的阶段、司法实务以及学术研究的环境紧密相关。我国研究者借鉴日本法学的研究手法之时,应当立足于我国的学术生产方式进行功能性参照,发挥我国的后发与主体优势,将不同研究方式的功能进行精准定位,在凝聚研究共识、明确研究方向上深化努力。     

PTV gap: A new measure of party identification yielding monotonic partisan attitudes and supporting comparative analysis

Despite the cornerstone role of party identification for analyzing voting behavior in the United States, its measurement (in terms of the classic American National Electoral Studies – ANES – seven-point scale) is affected by a systematic problem of non-monotonicity, and it proved impossible to be directly applied outside the United States. We introduce a novel, complementary measurement approach aimed at addressing both problems. We test on US data (an expressly collected computer-assisted web interviewing survey dataset) a new, seven-point scale of partisanship constructed from PTV (propensity-to-vote) items, acting as projective devices for capturing partisan preferences, and routinely employed in multi-party systems. We show that a PTV-based (suitable for comparative analysis) seven-point scale of partisanship outperforms the classic ANES scale. Groups identified by the new scale show monotonic partisan attitudes, and the comparison of multivariate models of political attitudes testify significantly larger effects for the new scale, as well as an equal or higher predictive ability on a range of political attitudes.     

Targeting the Motivated? Ethnicity and the Pre‐emptive Use of Government Repression

Research on government repression often focuses on the comparison between states over time and provides little insight about the targets of repression within a state. This article unpacks government repression against different ethnic groups. It argues that non‐democratic governments use pre‐emptive and targeted repression against ethnic groups that are discriminated, strong, or have a history of protest or rebellion in order to prevent future ethnic rebellions. For democratic governments, on the other hand, the cost of pre‐emptive repression is too high. The article tests this argument in a quantitative analysis of government‐group dyads. It finds at least partial support for some implications of the argument: Autocratic governments use more repression than democracies against discriminated groups, but only when they are also weak, and against groups with a history of protest. There is little evidence that regimes of either type respond to previous violent mobilization or group strength with repression.     

The Calculus of Voting in Compulsory Voting Systems

Compulsory voting laws have consistently been demonstrated to boost electoral participation. Despite the widespread presence of compulsory voting and the significant impact these laws appear to have on voting behavior, surprisingly little effort has been devoted to analyzing how mandatory voting alters the decision-making calculus of individual voters in these systems. Moreover, studies that investigate the influence of compulsory voting laws on electoral participation generally treat these policies monolithically, with scant attention to the nuances that differentiate mandatory voting laws across systems and to their consequences for voting rates. Analyses that explicitly and empirically examine the effects of penalties and enforcement are surprisingly rare. This study aims to fill that void by adapting rational choice models of participation in elections for compulsory voting systems. I find that the level of penalties countries impose for non-compliance and the degree of penalty enforcement impact turnout rates. Voters in mandatory voting systems abstain least when both the penalties and the likelihood of enforcement are high, and abstain most when both meaningless.

The fragility of an independent judiciary: Lessons from Hungary and Poland–and the European Union

When the European Union was founded, it was assumed that all Member States admitted as consolidated democracies would maintain their constitutional commitments. In recent years, Hungary and Poland have challenged this premise as elected autocratic governments in those countries have captured independent institutions and threatened long-term democracy. The judiciaries of these countries have been hard hit. In this paper, we trace what has happened to the judiciaries in Hungary and Poland, showing how first the constitutional courts and then the ordinary judiciary have been brought under the control of political forces so that there is no longer a separation of law and politics. We also explore why the European Union has so far not been able to stop this process. In the end, the European judiciary, particularly the Court of Justice, is attempting a rescue of national judiciaries, but the results are so far unclear.     

Ideological congruence over government mandates under majoritarian and proportional representation electoral systems

The existing literature on ideological congruence has typically looked at congruence immediately after elections when governments are formed. This article goes beyond that comparative static approach by examining changes in citizen-government ideological congruence between two fixed points in time, namely at the beginning and end of government mandates. Building on a veto player approach and dynamics of party competition under majoritarian and proportional representation (PR) electoral systems, the results indicate, first, that government positions are more stable in between elections, as the number of parties and their ideological distance increase in cabinet. Second, it appears that single-party and homogeneous coalition governments decrease ideological congruence between elections under low levels of polarisation, while they increase congruence under very high levels of polarisation. Third, it was found that governments under majoritarian systems slightly decrease congruence between elections while congruence stays stable on average under PR systems. The different levels of party system polarisation across majoritarian and PR electoral systems mostly explain this difference.     

Civic integration in Western Europe: three debates

Since the late 1990s, civic integration has become the dominant immigrant integration policy in Western Europe. This article reviews three debates surrounding the new policy: first, whether there is policy convergence or persistent variation along national models of integration; secondly, whether civic integration marks a retreat from multiculturalism, or is merely layered on resilient multiculturalist policies; and, thirdly, whether the new policy is liberal or illiberal, and whether it entails a return of cultural assimilation. It is argued that civic integration converges cross-nationally with respect to policy goals and instruments, while extant variation is often incoherent or touching more on the form than the substance of policy; that civic integration is national-level policy that tends to coexist with ongoing de facto multiculturalism, especially at local level; and that civic integration mostly remains in a liberal register, as it is still integration and not assimilation, which would connote forced identity change.     

中国超市连锁企业获取低成本竞争优势的途径

根据中国加入WTO的承诺,零售行业将于2004年年底全面对外开放,国内零售市场的竞争将具有国际化特征。根据中国的市场特点,充分发挥本土作战的优势,通过规模扩张、优化价值链系统等途径实现低成本优势,是中国超市连锁企业做大做强,赢取竞争优势的保证。     

中美战略环境影响评价制度的比较研究

《中华人民共和国环境影响评价法》的颁布实施是我国环保工作的积极成果。进一步研究战略环境影响评价是完全必要的。在阐明战略环境影响评价的含义、基本特点和比较中美两国战略环境影响评价制度的基础上为建立完善我国战略环境影响评价制度提出有益的建议。