再论"法律至上"

中共十六大政治报告中,再次把依法治国,建立社会主义法治国家作为中国共产党人在新的历史时期治国的基本方针加以确认。依法治国的理念已深入人心。而要确立依法治国的治国理念,就必须树立起法律至上的观念,它是实现现代法治的观念基础,也是评价现代民主政治国家的基本准则。对于法律至上观念的理解,不仅要从法律自身来理解,而且要从社会关系的层次上,从人们的理性选择等角度进行深层次的考虑。正试图从现代法治的理性选择的角度论证这一问题。     

有关WTO规则在我国适用的若干法律问题

我国加入世界贸易组织已有数年。但WTO规则究竟应怎样在我国国内予以适用与实施的问题,至今为止,理论界尚无定谳,立法上更无统一、明确的规定,最近通过的宪法修正案亦未提及。不过,在这一问题上,该组织其他成员方在立法与实践中的诸多做法,将无疑为我国立法机关和司法部门提供有益的参考与借鉴。     

法院制度功能之比较研究

法院制度之功能经历了历史演化 ,尤其是近现代以来 ,现代法院的地位、作用和传统法院相比较 ,有更加明显的变化。本文运用结构———功能的方法探析了现代法院制度和传统法院制度的异同 ,指出两种类型的法院制度在纠纷解决这一直接功能和社会控制、权力制约、形成公共政策等延伸性功能方面表现出来的变化 ,值得关注研究。     

The 2019 Greek parliamentary election: retour à la normale

Abstract

The July 2019 parliamentary election was the first national election since Greece officially exited the eight-year bailout programmes in August 2018. It was preceded by three ballots on European Parliament, regional and municipal elections in May 2019, which served as a decompression valve for the electorate to punish the incumbent government and indicate a clear will for governmental change, since the conservative party ND won by a landslide. Whereas ND’s victory in the parliamentary election was anticipated, it was its scale that would define the shape of the new government. Increasing its score by 11.76 points since September 2015, ND won 39.85% of the vote, securing a comfortable majority of 158 out of 300 seats. This is the first majority government in Greece since 2011, marking the return of the country to a new normality. Even if SYRIZA failed to deliver the anti-bailout programme which had initially brought the party to the centre of electoral competition, it still gathered 31.53% of the vote, losing just 3.93 points since its last victory in 2015, hence securing its place as one of the two key actors in the new two-partyism. Party fragmentation was limited to six parliamentary parties instead of eight, with the neo-Nazi party, Golden Dawn, having lost its parliamentary representation.     

The Preference for Indirect Harm

We presented subjects pairs of hypothetical scenarios. The action in each scenario harmed some people in order to aid others. In one member of the pair, the harm was a direct result of the action. In the other member, it was an indirect byproduct. Subjects preferred the indirect harm to the direct harm. This result could not be fully explained in terms of differences in judgments about which option was more active, more intentional, more likely to cause harm, or more subject to the disapproval of others. Taken together, these findings provide evidence for a new bias in judgment, a tendency to favor indirectly harmful options over directly harmful alternatives, irrespective of the associated outcomes, intentions, or self-presentational concerns. We speculate that this bias could originate from the use of a typical but somewhat unreliable property of harmful acts, their directness, as a cue to moral evaluation. We discuss the implications of the bias for a range of social issues, including the distinction between passive and active euthanasia, legal deterrence, and the rhetoric of affirmative action.     

香港的政党与政党政治

在港英政府 2 0世纪 80年代开始的政治体制改革中 ,随着选举政治的兴起 ,香港的政党破土而出 ,并逐渐发展起来。香港进入特区时代以后 ,政党的格局趋于稳定。随着政党的形成和发展 ,香港的政党政治也逐渐稳定下来 ,形成香港特有的政党政治。政党和政党政治的发展 ,又改变了香港的政治生态 ,使香港的政治发展出现新的面貌。     

Straining without training? Capacity-related problems facing African election executives and officials

This article argues that the empowerment of election officials and executives is usually overlooked, understated or simply ignored; yet elections cannot be conducted without plans in place to improve their efficiency and effectiveness; especially through training. As one of the foremost mechanisms for improving elections, training is crucial to organisational performance enhancement. However, training for election officials and executives is fairly new in many African countries. Generally incorporated in generic university or vocational institute courses globally, training is usually offered as a special tailor-made module for polling officials in western countries. Even then, it rarely covers the severe conditions election officials regularly face, especially in Africa. This article examines these issues based on a review of the extant literature, conceptual and theoretical reflection on election management, and practical interaction with some election authorities who participated as trainees in the Unisa Management of Democratic Elections in Africa (MDEA) course (2012–2014). The article concludes that the training of election officials and executives poses challenges for Africa; partly because some election management bodies (EMBs) prefer to “strain” rather than effectively train their members to ensure sustainable performance, and partly because others prefer short-term irrelevant training that undermines their organisational goals. These hurdles need to be overcome if Africa is to address its election-related challenges.     

论我国外贸代理制的“权责均衡化”

外贸代理作为国际上通用的商事代理行为,在我国经过了二十多年的垄断历程。2004年我国放开外贸经营权后,外贸代理业虽遇挑战,但作为一种贸易趋势仍不失魅力。外贸代理法律制度的完善有助于外贸代理业的规范化管理,能有效协调当事人权责关系,促进我国外贸发展。我国外贸代理制度须借鉴国际外贸代理经验,明确外贸代理人的法律地位及职责,实现我国外贸代理制的真正"和谐利益"。     

关于党内开展竞争性选举的思考

开展竞争性选举是党内民主发展的大势所趋,不容回避。在推动党内民主发展过程中,实行竞争性选举是提高党内民主建设科学化水平的关键。