美国与德国法官选任制度之比较

美国与德国分别为两大法系的典型代表国家。两国的司法制度均显著体现其各自的历史渊源和法律文化背景 ,同时又成功地服务于法治国家的运行 ,其中许多成熟的理论与实践经验值得我们探讨和借鉴。通过对两国司法制度中的一项关键性问题———法官选任制度做比较式探讨 ,展现两国在法官选任程序与选任资格方面严格科学的制度设置 ,可为我国当前法院体制改革提供有益借鉴     

Adaptation and Appropriation on the Colonial Frontier: Indigenous Leadership in the Colombian Chocó, 1670–1808

This article explores the consequences for the native population of the Colombian Chocó of the emergence, over the course of the eighteenth century, of an elite of caciques and indios mandones or principales whose functions of powers far exceeded those of the warrior chiefs that had traditionally acted as leaders of their people. Appointed for the purpose of facilitating the collection of tribute and the supply of labour to European settlers, caciques and mandones were almost universally rejected by native communities during the early phases of Spanish colonisation (c. 1630–1690), and they disappear from the historical record after Independence. Eighteenth‐century sources, however, not only record the existence of a clearly defined elite of mandones or principales in villages across the region, but show these individuals engaging actively with the colonial authorities, on behalf of their communities, at local and audiencia levels. This article argues that, at a time of a much strengthened European presence in the region, caciques and mandones came to understand their roles in ways that were entirely different from those intended by the Spanish, and in so doing acquired the legitimacy that had eluded their seventeenth‐century predecessors. Far from serving merely as intermediaries between settlers and indigenous populations, indios mandones acted as negotiators on behalf of the indigenous population, whose task was to defend and/or advance the interests of the communities they had been appointed to control.     

Disciplining Society through the City: The Genesis of City Planning in Brazil and Argentina (1894–1945)

This paper looks at the genesis of a discourse on urbanismo (city planning) in Brazil and Argentina between 1894 and 1945 using the ideas of Michel Foucault on discipline and his concept of bio–power. The demographic pattern of the major cities in both countries from 1890 onwards and the renewals of the centres of these cities are also discussed. Other sections are dedicated to the plans proposed for the same cities in the 1920s and to urban representations, such as ideas about social reform, the role of hygiene as a point of departure for planning, and the relationship of ideas on Taylorism (scientific management) and the city. The paper also discusses the planners opposition to elections, when they claimed that they were the only ones qualified to deal with urban problems and therefore they should be employed in the state apparatus.
Other concerns of the paper are the use of planning as an element of nation building and ideas defining eugenics (race 'betterment') as an important aspect of city planning. I conclude by arguing that, if implemented, city planning was a way of creating an industrial culture, disciplining society through the city, although the industrial proletariat has never made up the majority of the population in Brazil or Argentina. Even if many aspects of the plans proposed for both countries were not implemented, the discourse of planners can be seen as a will to discipline society through the city. This discipline would affect the freedom of movement of human bodies, and is therefore approached through Foucault's concepts of bio–power and discipline     

美国公益诉讼制度及其启示

公益诉讼是一种新型的诉讼模式。作为公益诉讼的创始国,美国已形成健全的公益诉讼制度。我国引进公益诉讼制度时应借鉴和参考美国公益诉讼制度。     

高校社团育人机制的跨文化研究——对中美高校社团的比较分析

中美高校都十分重视学生社团工作,但两国高校社团在与社会的联系程度、社团活动经费的筹集与充裕度、社团经费管理制度方面存在差异。因此,我们要完善政策体系,构建高校社团育人机制政策平台;加强组织领导,健全高校学生社团管理制度;加大资金投入,保证高校社团育人机制良好运行;增强相互交流,强化高校社团育人功能。     

Institutions and Development in Latin America: A Comparative Analysis

We review the theoretical literature on the concept of institutions and its relationship to national development, propose a definition of the concept, and advance six hypotheses about institutional adequacy and contributions to national development. We then present results of a comparative empirical study of existing institutions in three Latin American countries and examine their organizational similarities and differences. Employing the qualitative comparative method (QCA) proposed by Ragin, we then test the six hypotheses. Results converge in showing the importance of meritocracy, immunity to corruption, absence of “islands of power,” and proactivity in producing effective institutions. Findings strongly support Peter Evans’ theory of developmental apparatuses.

论中央与地方关系法治化的实践和理论误区

目前,我国中央与地方关系的法治化在立法、司法方面成就与不足并存,在行政方面法治化程度最低。加快中央与地方行政关系的法治化是解决当前我国诸多重大问题的客观需要,是当前我国行政管理体制改革的必然要求。中央与地方关系的法治化问题在实质上就是国家结构形式的完善问题,在推进中央与地方关系法治化的过程中,应当注意走出国家结构形式的几个理论误区:我国的国家结构形式是单一制;联邦制奉行的是"双重主权"原则;单一制与联邦制相比,中央更具权威;完善国家结构形式,我们必须坚持单一制。     

Strong life sciences in innovative weak contexts: a “developmental” approach to a tantalizing mismatch

Life sciences are the best developed area of academic research throughout Latin America. Biomedical research has been particularly successful. However, generally speaking, excellence in research has not been accompanied by commercially successful innovations, a pattern that differs from what has happened in many highly industrialized countries, even small ones. The paper explores some causes of such disappointing outcome, stressing in particular the historical lack of political and social legitimacy exhibited by innovation policies in underdevelopment. From a developmental point of view it is of great importance the building of such legitimacy. One way of doing so is to link more tightly innovation policies to social concerns; bio-innovation is suggested as a productive path towards that aim.

伪满洲国的中央银行制度

本文从伪满中央银行的产生、性质、职能角度研究伪满洲国的中央银行制度。伪满中央银行是在日本操纵下继承四行号业务基础上设立的,所谓"圆活金融、稳定币值、统治金融"不过是日本扩大对伪满洲国侵略与掠夺的手段与工具,其本质是实现日本的利益最大化。基于上述原因,伪满中央银行作为发币行和政府的银行之职能畸形膨胀,却无法承担集中存款准备、充当最后贷款人以及组织商业银行清算等"银行的银行"职能。     

Digital technology uses for sustainable management of natural resources in multicultural contexts

This article questions the notion that the use of digital technologies guarantees better policy development for the sustainable management of natural resources, particularly in multicultural contexts. It is argued that input of digital technologies could positively or negatively affect the geopolitical projects and development strategies pursued by indigenous peoples.