依法执政的宪政思考

依法执政的宪政含义是:执政党依照宪法和法律执掌国家政权,执政党在国家体制内而不是在体制外执政,通过其组织和成员进入国家政权的各级机关、各个部门的具体方式来运作国家制度,领导国家生活。必须理顺执政党与人大机关的宪政关系,准确把握执政党与行政机关的宪政关系,完善执政党与司法机关的宪政关系。     

Multinational Enterprises as "Moral Entrepreneurs" in a Global Prohibition Regime Against Corruption

This article explores the incentives and means multinational enterprises (MNEs) may have to create a corruption-free business environment. It draws on Ethan Nadelmann's (1990) article in International Organization , "Global Prohibition Regimes: The Evolution of Norms in International Society" and discerns the emergence of such a regime centered on bribe paying and bribe soliciting.     

Predicting pretrial misconduct with drug tests of arrestees: Evidence from eight settings

Identifying defendants at high risk of pretrial misconduct is a major problem for the judiciary. Currently, some have argued that testing arrestees for recent drug use is one way to distinguish between those who will and those who will not commit pretrial misconduct. The research reported here questions whether the incremental predictive power resulting from drug testing always improves predictions of pretrial misconduct. Using survival analysis to study time until rearrest and a probit model to analyze the occurrence of a failure to appear, we show that urine test results have no consistent power to predict pretrial misconduct after accounting for defendant's criminal records, community ties, and other factors commonly known by the court. These results are based on our analysis of eight data sets from different locales, time periods, and age groups.     

Survival Rates in Bankruptcy Systems: Overlooking the Evidence

Extensive research on bankruptcy still has not made it possible to end the efficiency discussion concerning the need for a reorganization provision in bankruptcy laws. In this paper, I discuss the pervasiveness of asset sales in bankruptcy procedures and the effect it has on survival rates. Without these figures on going concern asset sales Western countries show astonishingly low firm survival rates. In addition, it becomes clear that the bankruptcy system in the US may be under-researched to such an extent that it seriously confounds our view of bankruptcy resolution.     

民事强制执行中生存权与债权的冲突与平衡

在法律规范的层面,民事强制执行程序存在着平衡生存权与债权关系的三层结构.这种正反合的制衡关系,既能够保障被执行人及其所扶养家属的基本生存权,同时又不对债权的实现构成不正当的妨害.但是,由于我国民事诉讼法在立法技术上存在缺陷,而司法解释又受到强势利益集团的影响,导致实践中对生存权与债权之间的关系在认识上有所偏差.为了改变这一状况,应当强化对生存权的保护,同时界定"生活所需的房屋"的范围,并建立相关的配套措施.     

Elite Co-optation,Repression, and Coups in Autocracies

This article provides an explanation for the significant variation in coups in autocracies. The existing theoretical literature focuses on the strategies that leaders use to thwart mass mobilization and survive in power. However, most autocratic leaders lose power through a coup, indicating that the main threats to political survival in autocracies emerge from insiders and not from outside the incumbent coalition. This article focuses on leaders’ strategies to mitigate elite threats and argues that autocrats’ strategies of co-optation and repression within the ruling elite and the armed forces affect the risk of coups in opposite ways. Elected authoritarian legislatures are instruments that leaders employ to co-opt members of the incumbent coalition and are expected to decrease the likelihood of coups. In contrast, purges of insider actors constitute a repressive strategy that depletes bases of support and increases the risk of coups. We find empirical support for these hypotheses from a sample of all authoritarian regimes from 1950 to 2004.     

United States democracy assistance in Malaysia: the nature and impact of concurrent strategy

This exploratory article seeks to analyze the nature and impact of one of the main democracy promoters in Malaysia i.e. the United States (US). The US is a promoter that is often being alleged with interfering with Malaysian domestic affairs, especially since the sacking of former Deputy Prime Minister, Anwar Ibrahim in 1998. This article argues that the US democracy promotion in Malaysia can be conceptualized under the framework of a concurrent democracy assistance strategy. This is due to the fact that while the US is supporting the non-regime compatible program, it is also concurrently channeling bigger aid for regime-compatible program to Malaysia from 1999–2015. The improvement of diplomatic ties between both countries since post-Mahathir era and the prioritization of security issues have led to a more engaging conduct of democracy promotion. Despite the US continuous funding of non-regime-compatible programs through non-state actors, this approach was nevertheless balanced by cordial relations at the state level. Nevertheless, the effect of US democracy assistance and promotion on Malaysia’s democratic development has been minimal, reinforcing the views on the difficulty to promote democracy in a semi-authoritarian regime.     

Policy Monitoring and Ministerial Survival: Evidence from Multiparty Presidentialism

Studies on policy monitoring and ministerial survival within coalition governments are usually conducted separately. In this study, we bring these topics together and argue that the strategy of coalition partners to oversee the implementation of one another's policies has surprising consequences on the duration of office-holding ministers. Our main theoretical insight suggests that the degree to which ministers behave as faithful agents of the government depends on their expectations about their partners' monitoring behavior, such that when they expect to be under high scrutiny, they moderate their drifting behavior. Using evidence from legislative information requests on the activities of individual ministers over all multiparty cabinets formed in Brazil between 1995 and 2014, we demonstrate that: (1) greater policy monitoring by coalition partners is observed under more ideologically heterogeneous cabinets, and (2) more frequent policy-monitoring efforts by coalition partners lead to a lower ministerial replacement within the government term.     

康德与王国维审美启蒙论的情性论分歧

作为中西方现代审美启蒙观念的奠基人,康德和王国维关于人类情性教化的具体思路却未尝相同。在晚年康德笔下,“黏液质情性”的地位超过了“黑胆汁质”情性,其中体现出其以禁欲主义的无功利化审美方案疗治忧郁情性的动机。相比起康德的方案,王国维在相信“不可爱”的人性论现实的同时,更渴望保留“可爱”的人生理想和生命激情。出于这一动机,王国维借助叔本华的学说,提出关于“势力之欲”的生存本体论,从中发展出一套用良性嗜好取代恶性嗜好的务实的情性疗治方案。     

The Fate of Public International Law: Between Technique and Politics

Public international law hovers between cosmopolitan ethos and technical specialization. Recently, it has differentiated into functional regimes such as 'trade law', 'human rights law', 'environmental law' and so on that seek to 'manage' global problems efficiently and empower new interests and forms of expertise. Neither of the principal legal responses to regime-formation – constitutionalism and pluralism – is adequate, however. The emergence of regimes resembles the rise of nation States in the late nineteenth century. But if nations are 'imagined communities', so are regimes. Reducing international law to a mechanism to advance functional objectives is vulnerable to the criticisms raised against thinking about it as an instrument for state policy: neither regimes nor states have a fixed nature or self-evident objectives. They are the stories we tell about them. The task for international lawyers is not to learn new managerial vocabularies but to use the language of international law to articulate the politics of critical universalism.