论德国反恐斗争中的宪法保护问题

“9·11”恐怖袭击事件后,国际社会加大了对恐怖活动的打击力度,德国不遗余力地采取了一系列的措施与行动。在反恐斗争中德国强化宪法的价值与权威,在打击恐怖活动中恪守宪法基本原则,选择了有别于美国和英国的反恐模式,取得了较好的社会效果。研究德国反恐斗争中的宪法保护问题,可梳理德国反恐进路选择的原因与思路,对解决当下困扰各国的国家利益与公民权利之间及安全与自由之间的平衡问题有所裨益。     

德国合意制度对完善我国刑事和解制度的启示简

客观真实理念与刑事诉讼中的权力部分让渡具有天然契合性,德国刑事诉讼合意制度的流变反映了合意程序在德国刑事诉讼发展的必然。2009年5月修改通过的《德国刑事诉讼法》最引人瞩目的是该法第153条a款明文规定,允许程序参与者之间对刑事程序的结果及其处理达成合意,对我国新《刑事诉讼法》相关规定的补充和细化具有重要的启示意义。     

Understanding Havel?

The presented article tries to make sense of Václav Havel, a man of many qualities and professions yet not a professional in the conventional sense of the word. The aim is to offer deeper insight into diverse cognitive elements which formed Havel's political reasoning and attitudes. The idea is to provide an alternative interpretation and get beyond the customary explanations expressed through traditional IR language seeing Havel as a dissident idealist who was pushed by some realist impulses to clearly define real political and later also geopolitical stands. In doing so, the article is divided into three parts. The first part discusses conceptual frameworks (rather than a single framework) within which Have saw and understood the political world. The middle part examines Havel's political agenda, namely the issues of the return to Europe, the German question, and relationships with Russia, the United States and toward multilateral institutions. The final part that utilizes primary data obtained through personal interviews with many Havel's close collaborators presents two faces of Václav Havel: the dramatist and the ideologue.     

Behavioral consequences of mixed electoral systems: Deviating voting behavior of district and list MPs in the German Bundestag

Electoral rules should affect parliamentary behavior. In particular, deputies elected from single-member districts should be more likely to deviate from the party line than deputies elected under proportional representation. This paper suggests a framework for conceptualizing and modeling the effect of the type of mandate on deputies’ propensity to cast deviating votes in mixed electoral systems. The proposed modeling strategy uses disaggregated voting data and integrates dependencies among observations in a multi-level design. Empirically, the paper analyses voting behavior in the 16th German Bundestag (2005–2009) and shows that the odds of district MPs to deviate are significantly higher despite frequent claims that the two types of MPs behave alike. However, the behavioral differences cannot be attributed to attempts by district MPs to follow their local constituents as competing principals.     

‘Dead men walking?’ Party identification in Germany, 1977–2002

Scholars engaged in the discourse on ‘Parteienverdrossenheit’ claim that a breakdown of party attachments in West Germany occurred during the early 1990s. Employing data from a series of monthly polls that were conducted from 1977 to 2002, this paper demonstrates that the notion of such a rapid decline is wrong. Rather than being swept away by political crises, party identification declines slowly and fairly constantly over time, which is in line with theories of a secular dealignment. Furthermore, it can be shown that this dealignment is driven by a weakening of traditional social ties, while cognitive mobilization and change in the composition of the society have no effect on partisanship. The decline is most pronounced among the working class.     

德国政府对中小企业的扶持举措

联邦德国大量中小企业的存在与竞争 ,为其国民经济带来了活力和效率。与此同时 ,中小企业又有许多大企业没有的困难。为此 ,德国政府制定了中小企业政策及措施。德国中小企业政策涉及诸多领域 ,举措分为直接扶持和间接扶持两种方式 ,本文重点介绍形式多样的直接扶持方式。     

论“现实的人”及其对当代社会的价值——《德意志意识形态》学习札记

“现实的人”肯定了人的主体地位,确立了历史观赖以成立的真正历史基石,即为一定历史时代的人,从而确立了人的真实存在。“现实的人”的理论同时又体现了人在一定历史现实中的制约性,人既要受到自然条件的制约,又要面对其所处的时代的历史遗产和历史起点。唯有此,才是“现实的人”。     

发展循环经济的法律保障研究

循环经济是一种新型的经济发展观。作为可持续发展思想的实现形式,循环经济的建立离不开法律制度的保障。分析借鉴德日等国的立法经验,我国的循环经济法制建设需在修改现有环境保护法律制度的基础上,制定循环经济基本法、综合法和专门法,形成完善的循环经济法律体系。     

Participatory Budgeting in Germany – A Review of Empirical Findings

Participatory budgeting (PB) is one of the most popular democratic innovations worldwide. PB is connected with high stakes regarding mobilizing political inactive citizens, efficient and effective budgetary policy as well as positive effects on citizens (e.g., civic education, democratic attitudes). However, in many Western countries empirical evidence for such benefits is scarce. This also holds for Germany. Since the conduction of PB demands financial and personnel resources, a thorough evaluation is necessary. This article systematically summarizes the current state of research to make the literature on PB in Germany accessible to international scholars as well as political and administrative practitioners. It focusses on the context (which municipalities conduct PB and why), process (role of local administration and council, participation, deliberation), and outcome/impact dimension (outcomes and impact on policies and citizens). To conclude, further research venues are briefly outlined, followed by an outlook on PBs future and practical implications.