幸福测量探析与经济发展方式的转向——斯蒂格利茨委员会报告“经济与社会”共建理念的解读

经济增长的目标是发展,而幸福则是经济发展的终极目标。"民生、尊严与幸福"议题在2011年两会得以彰显,在对幸福测量研究综述之上,笔者提出了自己的幸福测量观,并经由对呼吁幸福社会建设"斯蒂格利茨-森-菲图西委员会报告"的解读去体察个中所内含的经济发展方式的转向,即在新转型时代,除了"生产性产出"的经济绩效之外,更要注重立足于为民众谋幸福的社会进步。     

Challenge of Firearms Control in a Free Society

Chapter 10 of The Challenge of Crime in a Free Society, titled “Control of Firearms,” is a brief but strong statement in support of regulating gun transactions, possession, and carrying, with several specific recommendations, including the adoption of universal gun registration and permit‐to‐purchase requirements. The U.S. President's Commission on Law Enforcement and Administration of Justice, when writing the chapter, had no systematic research to draw on. Since its publication in 1967, the field of gun violence has become an active area of research, and much has been learned. But the nation has become far more polarized politically during the last 50 years, and gun policy has become a rigidly partisan issue. A new commission would have great difficulty reaching consensus, although there may be common ground on regulating guns vis‐à‐vis mental illness and domestic violence.     

浅析我国行纪制度的发展困境及对策

在我国《合同法》引入了类似英美的隐名代理和不公开本人身份的代理的合同委托制度后 ,作为大陆法系特有的行纪制度在发展中面临着一系列困境。本文综合相关问题出现的原因 ,提出我国行纪制度要保持独立性并获得发展 ,必须解决不同法系理念的整合问题、确定行纪与非显名代理的区分标准并且弥补现有立法的不足。随后提出了一系列对策 ,主张目前应理顺代理与行纪的关系 ,积累司法实践经验并加强商事单行法的制定工作。     

The security culture of the ECOWAS: origins,development and the challenge of child trafficking

This article explores the relationship between the security culture of the Economic Community of West African States (ECOWAS) and how it has responded to transnational challenges in West Africa. To do so, it provides an overview of how the ideas, norms and principles that constitute the embryonic security culture of ECOWAS have evolved historically. Against this backdrop the article focuses on how the regional organisation has dealt with a specific contemporary security challenge: child trafficking. The concluding part of the article seeks to explain ECOWAS's collective action on child trafficking with reference to the region's different threat perceptions and security priorities. This article argues that although the decisions and policies of ECOWAS on child trafficking are influenced by certain shared ideas, norms and principles, a breakdown of collective political will and continuing differences on the key security referents and appropriate approaches to the security of individuals have led ECOWAS member states to fail in effectively addressing this particular transnational security challenge.     

At the Walls of Athens: What Remains?

In this contribution, the author takes as his starting point two paintings by Poussin on the subject of The Death of Phocion and their (aesthetic) implications for subjectivity and a contemporary politics. Focusing on the South African context, he makes use of the metaphor of the wall (or hedge), as representative of both the politics of oppression (in the case of Van Riebeeck’s hedge of bitter almonds in Kirstenbosch Gardens, Cape Town) as well as the politics of reconciliation (in the case of The Wall of Names in Freedom Park, Pretoria). The wall is consequently related to the transformative role of mourning in what he refers to as a politics that comes after—a politics that itself depends on a disruption of the traditional model of rational politics depicted in the Poussin paintings by the brightly-lit walls and buildings of Athens. In this regard the author defends an ethico-politics of unboundedness where the wall no longer primarily functions as a cipher of exclusion or a stable inside/outside but, in addition, comes to stand as a marker of the radical disruption of a politics founded in subjectivity. Here the author refers to the ongoing interruption of the South African political landscape by the return of the remains which highlights the significant transformative relationship between mourning and democracy.

Narrative dynamics in European Commission AI policy—Sensemaking,agency construction,and anchoring

Artificial Intelligence (AI) is arguably one of the most powerful and disruptive technologies of our times which may pose challenges as well as opportunities to contemporary political organizations. Studying AI from a lens of perceived uncertainty, this article studies the policy response of the European Commission toward this fast-paced emerging technology. By empirically focusing on the Commission's policy process from start to end, from initial communication to concrete proposal, the article shows how different types of narratives are used to construct the new policy area of AI policy. A novel theoretical framework is constructed building on a combination of narrative organizational studies and narrative policy studies, displaying how narratives play a key role in organizational sensemaking, agency construction and anchoring. The paper finds that the Commission broadly makes sense of AI technologies with a future-oriented discourse, establishes agency to existing and new forms of political organizing and anchors the policy response within the overarching frame of the EU single market policy. The main contribution of the paper is that it shows how political organizations settles uncertainty through narratives and sketches a way forward through establishing policy goals and anchoring them within pre-existing lines of political mobilization.     

Civil society participation in regional integration in Africa: A comparative analysis of ECOWAS,SADC, and the EAC

There is an undeniable trend towards civil society participation in virtually all issue-areas of global governance, yet civil society participation varies widely among international organisation (IOs). While this trend has inspired a voluminous academic literature, empirically-based, comparative studies of IO-civil society interaction in Africa remain largely absent. This article therefore examines civil society participation in three African subregional organisations – the East African Community (EAC), the Economic Community of West African States (ECOWAS), and the Southern African Development Community (SADC). What are the factors that have made regional integration in ECOWAS relatively more people-driven, and that have thus far hindered effective civil society participation in the affairs of SADC and the EAC? Support from member states, allies in the respective organisation’s bureaucracy, and characteristics of civil society itself, the research shows, affect participation in regional integration, with the latter aspect apparently more salient in SADC and the EAC than in ECOWAS.     

监察委员会办理职务犯罪案件程序问题研究——以768份裁判文书为例

根据监察委员会成立以来法院作出的768份裁判文书的实证研究,职务犯罪案件委托律师辩护率高;留置期限整体较长、解除留置后逮捕率高;认罪认罚从宽制度和速裁程序适用率低;非法证据排除难;定案以言词证据为主,证据之间相互“印证”成为此类案件典型的办案模式。在具体操作中,还存在与刑事诉讼法衔接不畅的问题。基于此,应当保障辩护律师介入的时间和诉讼权利;提高留置措施的适用标准;明确职务犯罪案件中认罪认罚从宽制度适用标准和同步录音录像资料的调取、出示程序;庭审中应当贯彻直接言词原则,加强证据审核,建立证人、鉴定人和调查人员出庭作证机制。     

A European response to non-compliance: the Commission’s enforcement efforts and the Common European Asylum System

This article aims at systematically analysing the European Commission’s effort to enforce compliance with the Common European Asylum System (CEAS). In recent years, human rights organisations have increasingly denounced EU member states’ violations of the right to asylum and accused the EU of turning a blind eye to non-compliance with the CEAS. Although the primary responsibility to implement EU law lies with member states, the Commission ought to assist them and enforce violated legislation. How exactly does the Commission react to member states’ non-compliance with the CEAS? What can be inferred from these insights? By using infringement data, policy documents, and complementary interviews, the article scrutinises which of the available instruments are applied de facto. Subsequently, the findings are critically discussed, suggesting that the Commission prefers capacity-enhancing instruments and is rather tentative in using instruments to increase member states’ willingness to comply.     

Credible commitment without independent regulatory agent: Evidence from the Security Council's United Nations Compensation Commission

Credible commitment problems arise whenever decisions made according to short‐term incentives undermine long‐term policy goals. While political actors can credibly commit themselves to their long‐term policy goals by delegating decisions to independent regulatory agencies, the member states of international institutions rarely sacrifice control over regulatory decisions. Against the backdrop of the United Nations Compensation Commission established by the Security Council to settle claims on damage from the Iraqi occupation of Kuwait, we present an institutional arrangement that promises to credibly commit member states to their previously defined interests without excluding them from the decision process. It separates the stages of rulemaking and rule application, and is reinforced by conditional agenda‐setting of an advisory body. We probe the theoretical claim with evidence from a unique data set that shows that the Commission settled compensation claims in a remarkably consistent way. The arrangement provides a blueprint for comparable regulatory tasks in many areas of international, European, or domestic politics, in which independent regulation is not feasible.