我国教育公益诉讼制度的建构探析

公益诉讼制度是保障公共利益和实现法律权利的重要司法制度,也是我国司法制度改革的一项新任务。分析教育司法实践中存在的困境,借鉴国外教育公益诉讼制度,探讨我国教育公益诉讼的概念、主体资格以及适用范围和情形,可发现从立法层面建立健全教育公益诉讼制度十分重要,将有利于实现教育公平和正义。     

媒体诽谤与权力造罪

从编发短信"诽谤"县领导被判有罪,发展到报道诽谤案的记者也被以诽谤罪立案侦查,这不仅仅是一个罪与非罪的判断问题。坚持罪刑法定原则同样要遵守程序法,司法机关不能轻易将涉嫌诽谤的自诉案件转换为公诉程序启动。对进行负面报道的记者,以诽谤罪立案值得高度警惕。开这样的先例,已经危害到正当的舆论监督权,乃至国民普遍的民主权利。避免权力造罪必须重新反思官员的"官"意识,归根到底是要进一步强化官员的公仆观,尤其是对滥用公权力者,如果尚未构成犯罪,也应令其承担相应的其他不利后果。     

慈善的认知及其影响因素——读布鲁克斯的《谁会真正关心慈善》

布鲁克斯认为宗教信仰、对政府经济运作的怀疑态度、工作和健康的家庭是美国社会个人慈善行为的影响因素。反观中国,在全民慈善时代即将到来之时,慈善的价值理念和制度框架建设亟待跟上。     

中国推出股指期货的市场影响

该文分析了股指期货交易的特点,剖析了中国股指期货交易制度和市场影响,提出来了股指期货改革的具体建议。     

历史与逻辑：司法审查的制度化机理

司法审查的理念和制度要素发轫于立法机关制定的法律要服从更高的法律以及权力要受到法律制约的历史性观念。这种制约观念经过漫长的历史演化成为一种意识形态并获得了法治理念的形式，其后与一定的社会政治条件相互作用，并通过制度要素的整合构成人类法治文明的制度基石。司法审查的制度化要素主要有：理性的司法主体是司法审查制度的主体要素；审查程序的司法化是司法审查的程序制度要素；各种形式的高级法是司法审查及其权能的依据；通过司法解释审查行政行为和立法行为的合宪性，是司法审查的内容要素；司法审查的国际化和全球化导致它的价值理念和制度安排突破民族国家的界限，成为人类法治文明生长的共同趋势和必然选择。我国建构司法审查制度要结合司法审查的司法性和政治性特质，形成宪法法院和普通法院相结合的审查制度框架。     

Civil Service Reform in Latin America: External Referents Versus Own Capacities

In the context of state reform and democratisation in Latin America, reinforcing public institutions becomes critical to sustaining and consolidating realised gains. In this area, civil service reforms are critical. But civil service reform initiatives in Latin American countries were designed with different degrees of compatibility with countries’ administrative traditions and with the role played by the civil service within the political system. The results of different initiatives are described in a brief review of six key features of nine Latin American civil services. Discussion of these results allows us to draw conclusions about the capacity to generate learning dynamics. A new conception of the civil service and its role in the political system appears more evident, unless the required political consensus for implementing and consolidating the new reform strategy for most Latin American public administrations is not confirmed.     

So far away from me? The effect of geographical distance on representation

Legislators face numerous trade-offs with regard to how to spend their time. One factor is, however, beyond their control: the distance between their constituency and the legislature. A more distant constituency implies increased travel, which decreases the time available for activities within the legislature itself, while also raising the possibility of centre–periphery dynamics in representation. Previous work has found that as distance between constituency and legislature increases, so does constituency focus, but it has not established why this is. This article explores the impact of geographical remoteness on representational activity, analysing a dataset of parliamentary activity in the British House of Commons (2005–2015), showing that the more remote an MP’s constituency, the less likely that MP is to attend votes, while being more likely to sign Early Day Motions. The article further shows that this is most likely driven by a centre–periphery dynamic rather than simply being a response to longer travel time.     

Restraining Gulliver: Institutional reform and the strengthening of state capacity and compliance

Governance in the developing world is fraught with problems of corruption, weak institutions, and inadequate expertise among bureaucrats. Failing to enforce laws and regulations is one way in which these problems manifest themselves. In this paper, we evaluate changes across three institutions charged with oversight or administration of labor justice in Mexico. We find that both autonomy from the executive and professionalization are necessary to improve compliance with labor law over time. Our study shows that professionalization can occur in several ways, including through training, merit hiring, and introducing experienced external administrators. The implications of the study are that reforms that increase the independence and legal authority of oversight institutions should be complemented by efforts to strengthen the professionalism of bureaucrats.     

Political interference and regulatory resilience in Brazil

Governments face a fundamental tradeoff between regulatory independence and control. Attempts of interference have the effect of reducing the system's level of commitment and credibility. On the other hand, an administration runs the risk that the autonomy delegated to regulators might be used to pursue outcomes that may harm their interests. This tradeoff is particularly relevant when there is an alternation of power with the arrival of a new political elite with different preferences. This paper uses data from a 2016 survey on regulatory governance applied to Brazilian regulatory agencies. This data is compared to a similar survey performed in 2005. The new survey results turn out to be surprisingly similar to those of a decade earlier, suggesting strong resilience of regulatory agencies despite significant attempts at political interference by powerful presidents. The factors explaining the resilience of regulatory governance in Brazil lie in its broader institutional endowment, which moderates the effects of executive interference.     

Simple and simultaneous quantification of cyanide,ethanol, and 1-propanol in blood by headspace GC–MS/NPD with Deans switch dual detector system

Cyanide is a powerful and rapidly acting poison. In Japan, cyanide poisoning is rare, and regular cyanide testing can be costly and time consuming. In contrast, alcohol analysis is routinely performed in most forensic laboratories. In this study, we attempted to develop a method for the simultaneous quantification of cyanide and alcohols in blood using headspace gas chromatography (HS–GC). As nitrogen-phosphorus detection (NPD) is more sensitive to hydrogen cyanide than mass spectrometry (MS), a Deans switch was used to switch the detectors during a single run. The separation provided by three analytical columns, PoraBOND Q, CP-Sil 5 CB, and HP-INNOWax, was investigated, and PoraBOND Q was selected. The use of HS–GC–MS/NPD with a Deans switch enabled the simple and simultaneous quantification of cyanide, ethanol, and 1-propanol. Eighteen other volatile compounds were detected in the SIM/scan mode of the MS.