转型社会中防范公共权力异化问题思考

在社会转型的大背景下,一些政府部门存在的公共权力异化现象,会在一定程度上影响现阶段民主政治建设和社会主义和谐社会的全面构建。公共权力异化的一大表现就是公共权力的滥用和私用,进而滋生腐败,损害公民的合法权益。针对这些问题,应从法制层面、制度层面、伦理层面以及文化层面,探讨公共权力的合理规制和有效运用,进而完善权力运行机制,促使政府部门"权为民所用,利为民所谋"。     

The Fate of the State Revisited

The State, which during the three and a half centuries since the Treaty of Westphalia (1648) has been the most important and the most characteristic of all modern institutions, appears to be declining or dying. In many places, existing states are either combining into larger communities or falling apart; in many places, organizations that are not states are challenging them by means fair or foul. On the international level, we seem to be moving away form a system of separate, sovereign, legally equal, states towards less distinct, more hierarchical, and in many ways more complex political structures. Inside their borders, it seems that many states will soon no longer be able to protect the political, military, economic, social and cultural life of their citizens. These developments are likely to lead to upheavals as profound as those that took humanity out of the middle ages and into the modern world. Whether the direction of change is desirable, as some hope, or undesirable, as others fear, remains to be seen.     

Governing disorder: the Australian Federal Police and Australia's new regional frontier

Abstract

The Australian Federal Police has in recent years become an important actor in both the implementation and design of Australian-led state building interventions in Australia's near region of Southeast Asia and the South Pacific. The article focuses on the recent expansion of the Australian Federal Police as a way of understanding the emergence of a new partly (and strategically) deterritorialized, ‘regional’ frontier of the Australian state. Within this new frontier, whose fluctuating outlines the Australian Federal Police not only polices but also to a considerable extent shapes and reshapes, as one of the primary expert agencies on identifying and managing transnational security risks, Australian security is portrayed as contingent on the quality of the domestic governance of neighbouring states, thereby creating linkages between the hitherto domestic governing apparatus of the Australian state and those of other countries. This allows for the rearticulation of the problems affecting intervened states and societies – indeed, their very social and political structures – in the depoliticized terms of the breakdown of ‘law and order’ and the absence of ‘good governance’, which not only rationalizes emergency interventions to stabilize volatile situations, but also delegitimizes and potentially criminalizes oppositional politics. The Australian Federal Police, however, does more than merely provide justification for intrusive state transformation projects. Its transnational policing activities open up a field of governance within the apparatus of intervened states that exists in separation from international and domestic law. The constitution of such interventions ‘within’ the state leaves intact the legal distinction between the domestic and international spheres and therefore circumvents the difficult issue of sovereignty. As a result, police and other executive-administrative actors obtain discretionary ordering powers, without dislodging the sovereign governments of intervened countries.     

A Common Future and a Common Identity： The Transformation Process of Political and Social Identities in the South Caucasus Countries

In reflecting on the case of the South Caucasus （Armenia, Azerbaijan, and Georgia）, one of the most popular perspectives is its lack of a common identity. The main argument is that it is a culturally diverse region with old-fashioned, ethnically exclusive nationalism. From this point of view, the process of the formation of a European identity in the region acquires particular importance. A European identity could act as a catalyst for bringing the region together. This identity could be considered as based on much more than just political orientation but fundamentally grounded in common values. This comprehensive integration in the South Caucasus can be achieved through the formulation and acceptance of a common political identity based on the political orientations of the South Caucasian States and their citizens. The main question that this study tries to answer is how people in the South Caucasian countries identify themselves in terms of a European identity. A suitable analysis is increasingly important at both the micro and the macro levels. The author examines the people＇s attitudes in the three South Caucasian states toward Western culture, states, and organizations, drawing on opinion polls conducted by the Caucasus Research Resources Center （CRRC）. The author seeks to analyze attitudes toward the West in the South Caucasus on a macro as well as on a micro level. The author seeks also to provide a much-needed analysis for decision making, based on empirical data that help understand public opinion toward the European Union （EU） in the countries of the South Caucasus, and that can contribute to the refinement of integration strategies.     

行政执法证据刑事司法化的现实性浅析

刑事诉讼法在立法层面上首次对行政执法证据司法化予以肯定,但是行政执法证据如何向刑事司法证据合理转化,转化后司法机关如何使用,以及证明效力的延续性等我国法律实践中亟需解决的难题却没有得到根本解决。文章分析了行政执法证据向刑事司法证据转化的必要性和证据转化的种类、方法、规则等,并提出对司法实践具有积极意义的证据转化制度。     

Traditional institutions and the rural development challenges in Africa: Gender and agricultural transformation perspectives

Abstract

The tension between the conception of traditional leadership systems as mere cultural institutions and the lack of interest and/or ability to use them as practical development tools in Africa has prompted their critical reappraisal in this article. The article is based on the need for African countries to endeavour to achieve a dialectical mediation between traditional leadership institutions on the one hand and concrete rural development projects on the other, for the purpose of promoting sustainable development. It is argued that there is much that traditional institutions can do to influence activities in rural areas. Any lack of such involvement on the part of traditional leadership systems can only lead to little transformation in rural areas. The article discusses this position with reference to two rural activity systems related to gender-based issues and agricultural development. The article is structured in four parts. The first section is devoted to the introduction, the second and third sections examine the roles traditional leaders could play in the areas of gender and agricultural development, while the final section comprises the conclusion.     

NATO's Response Force: finally getting it right?

Abstract

At the Riga Summit in November 2006, NATO (North Atlantic Treaty Organization) declared the NATO Response Force (NRF) a fully operational capability. Yet only 8 months later – and behind closed doors – the Alliance's military authorities rescinded the declaration as it became increasingly clear that member states were unwilling to make the necessary commitments to the force. To this day, the force has been a qualified failure: while many allies have benefited from participating in the NRF, lack of concrete troop commitments and disagreement as to the force's operational role have largely eroded its credibility. This could change with the allies' recent adoption of a revised NRF-construct. However, as NATO is still in a state of strategic confusion, the NRF is likely to continue to be different things to different nations.     

关于资源型城市转型的几点思考

该文从中国资源型城市面临的新形势出发,就中国资源型城市的优势与发展道路的选择进行了探讨,并从主导产业的选择和产业结构重构的角度提出了资源型城市转型必须大力实施开放先导、科技创新和可持续发展等三大战略,形成以可持续发展战略为基础、开放战略为主导、科技创新战略为支撑的战略体系。     

The militant palestinian organizations and the Arab‐Israeli peace process

The current Arab‐Israeli peace negotiations have normalized frequent and open contacts between Israel and its neighbors. This new situation is primarily the result of Operation ‘Desert Storm’ and the Soviet Union's dissolution. Both events forced the Middle Eastern states and sub‐national organizations to re‐evaluate their perceptions of one another, as well as of the degree of support they might expect from their superpower patrons. This article begins by examining the ways in which these events have affected those countries and organizations which chose to participate in the peace process and finally focuses on the policies of the Palestinian national movement ‐ specifically the groups which are opposed to the negotiations and have vowed to undermine them. It argues that these groups seek to subvert any peace treaty which the talks may produce and that the moderate Palestinian leadership has proven incapable of controlling them. It concludes that unless this occurs, it will be impossible to implement any agreement.     

Daisaku Ikeda’s philosophy of peace,education proposals,and Soka education: convergences and divergences in peace education

In this article, the authors introduce and explicate Daisaku Ikeda’s contributions to peace education. Ikeda is a Buddhist leader, peacebuilder, school founder, and prolific author whose six decades of contributions to peace education have had a global impact in practice but have remained unexamined in the extant, particularly Anglophone, literature. Using excerpts and bilingual discourse analysis of the Ikeda corpus, the authors focus on five aspects to trace the past, present, and future of Ikeda’s contributions to peace education: first, they trace the biographical roots of Ikeda’s contributions to his early educational experiences and encounter with Josei Toda (1900–1958). Second, they outline the Nichiren Buddhist philosophy informing Ikeda’s approach to peace education. Third, they explicate in the context of peace and peace education Ikeda’s concept of value-creating, or Soka education (soka kyoiku) relative to value-creating pedagogy (soka kyoikugaku) theorized by Tsunesaburo Makiguchi (1871–1944). In light of this relation, they also trace the origin of the Soka Gakkai International, of which Ikeda is founding president. Fifth, they clarify Ikeda’s educational proposals made explicitly under the label of ‘peace education,’ namely, cultural exchange, a United Nations for Education, and education for disarmament and human rights (including anti-bullying, sustainability, and global citizenship). The authors conclude that Ikeda’s perspectives, proposals, and practices of Soka education and ‘peace education’ can be viewed as a tripartite ontological model of a process of becoming, moving from inner transformation by means of dialogue to global citizenship.