律师伪证罪的追诉程序探析

刑法第306条规定的"律师伪证罪",往往成为侦控机关对律师实施职业报复的工具。究其原因,不惟在于实体法之不完善,更在于缺乏正当法律程序的保障。借鉴法治先进国家的经验,有必要在我国刑事诉讼法中增设集体回避及管辖异议制度、排除辩护人程序、追究律师刑事责任的前置程序、对律师采取强制侦查措施的特殊保障等,以保障律师免受非法或不当的刑事追诉,维护其合法执业权利。     

BUREAUCRATS AS PURCHASERS OF HEALTH SERVICES: LIMITATIONS OF THE PUBLIC SECTOR FOR CONTRACTING

Contracting out of health services increasingly involves a new role for governments as purchasers of services. To date, emphasis has been on contractual outcomes and the contracting process, which may benefit from improvements in developing countries, has been understudied. This article uses evidence from wide scale NGO contracting in Pakistan and examines the performance of government purchasers in managing the contracting process; draws comparisons with NGO managed contracting; and identifies purchaser skills needed for contracting NGOs. We found that the contracting process is complex and government purchasers struggled to manage the contracting process despite the provision of well‐designed contracts and guidelines. Weaknesses were seen in three areas: (i) poor capacity for managing tendering; (ii) weak public sector governance resulting in slow processes, low interest and rent seeking pressures; and (iii) mistrust between government and the NGO sector. In comparison parallel contracting ventures managed by large NGOs generally resulted in faster implementation, closer contractual relationships, drew wider participation of NGOs and often provided technical support. Our findings do not dilute the importance of government in contracting but front the case for an independent purchasing agency, for example an experienced NGO, to manage public sector contracts for community based services with the government role instead being one of larger oversight. Copyright © 2011 John Wiley & Sons, Ltd.     

政府回应：中国的理解和实践

政府回应的理论产生于西方。政府回应既是西方公共管理的实践过程,也是系统的政府管理理论和行政理念的逻辑延伸。自上世纪80年代以来,西方国家在政府改革中提出了增进政府的责任性、回应性和效率的目标,政府回应逐渐成为各国政府和学术界共同关注的热门话题。就目前来看,西方的政府回应主要停留在价值理念层面。中国学者对政府回应的理解是在价值与过程之间,即一方面对西方人理解的政府回应的价值内涵给予了充分肯定;另一方面又将政府回应理解为一种过程,并试图用政府回应理念来指导中国政府回应的实践过程。     

The American West’s longest large mammal migration: clarifying and securing the common interest

Over the last 10 years, conflict has grown over a 170-mile pronghorn antelope (Antilocapra americana) migration between Grand Teton National Park and the Upper Green River Basin in western Wyoming. Resolving conflict in the common interest is proving difficult. This movement is the longest mammal migration in the lower 48 states, spanning the jurisdiction of three federal agencies, three Wyoming counties, and over 40 private landowners. In addition, there are over ten non-governmental conservation organizations, two major state agencies, Wyoming’s executive office, and many citizens involved in the issue. There are three major problem definitions serving the beliefs of participants: the ecological-scientific (conservation biologists, environmentalists), local rights (local control, property rights), and cultural value (historic, western heritage) definitions. These definitions challenge the social and decision making processes of regional communities and government agencies. Underlying the problem of securing the common interest is the highly fragmented patterns of authority and control, misorganized arena(s), and parochial perspectives of many participants. Options promoted by participants can be loosely classified as top-down (government, expert driven) versus bottom-up (local, practice-based) approaches and reflect preferences for the distribution and uses of power and other values. Given the social and decision making context of this case, the bottom-up, practiced-based approach would likely best secure a common interest outcome.     

经济全球化:发展中国家的机遇与挑战

经济全球化已成为不可阻挡的世界性潮流,不管我们喜欢它也好,不喜欢它也好,它都实实在在地影响和改变着我们的生活,任何国家、民族都无法独立于经济全球化之外.由于经济全球化是资本主义主导下的历史进程,是资本主义生产方式的必然延伸,因此,广大的发展中国家在这一过程中处于相对不利的地位,面临较大困难.但它们必须成为这个过程的一部分,抓住机遇、迎接挑战,扬长避短、趋利避害.此外别无选择.     

人的发展:马克思的视角和方法

马克思以其特有的视角和方法揭示了人的发展的涵义、途径和动力等。面对当今世界日益突出的人的问题和日益高涨的“人学热”,深刻领会马克思的思想,对于全面正确地认识人、解决人的发展问题有着重大的理论和实践意义。     

How terrorism ends – and does not end: the Basque case

ABSTRACT

This article examines the end of ETA (Euskadi ta Askatasuna “Euskadi and Freedom”) in the light of the literature on “how terrorism ends”. Was it the result of police repression, defeat, negotiation, elimination, tactical success? Was it the result of military failure but not defeat? What role did the rebellion of its own social base play? Was it, in the end, a case of political transformation? The discourse of “unilateralism” developed by the Basque Nationalist Left is examined. The role of international actors and the so-called “virtual diplomacy” is situated in the context of the State and the global order. But did ETA really end? Four years after ETA declared its unconditional ceasefire, and after the international media considered it finished, the Spanish government does not think so. In conclusion, the article considers the lessons that derive from the Basque case regarding the issues of how terrorist groups end.     

An Evaluation Framework for Budget Reforms: A Guide for Assessing Public Budget Systems and Selecting Budget Process Reforms

While new tax proposals are evaluated with reference to formal evaluation criteria, no such standards exist for evaluating budget proposals. We propose an analytic framework to assess budgets across a series of dimensions, including whether it instills aggregate fiscal discipline, facilitates strategic prioritization of expenditures, and encourages effective and efficient use of budgeted resources, offering fiscal stability. The process also may be transparent, timely, and support public awareness and participation. We use this framework to evaluate the US budget, considering both areas of systematic inefficiency, while reviewing the history of budget reforms. We examine recent, frequently offered proposals that target specific budget process goals, considering how each affects all the budgeting goals, including interactions. We consider how a potential reform, aimed at addressing the failure to accomplish one normative goal, may impacts other goals, sometimes to the point of undermining overall progress.     

Process Tracing in Public Administration: The Implications of Practitioner Insights for Methods of Inquiry

The field of public administration is often seen as a late adopter of cutting-edge research methods. Related disciplines like political science use more advanced research methods for single or small-n case studies including techniques like process tracing. Many elements of process tracing are analogous to investigations. To inform process tracing practices, political scientists looked at Sherlock Holmes novels. We draw on the experiences of a police inspector and a former soldier who worked with intelligence to offer insights on the implementation of process tracing, bridge the academic–practitioner gap, and increase the methodological rigor in public administration research.     

宪政程序正当化:宪政建设的制度基础

宪政程序正当化是宪政建设的依托和目标。对于宪政建设而言 ,制宪程序正当化是前提 ,行宪程序正当化是基础 ,护宪程序正当化是保障。程序是宪政运作过程的形式载体 ,宪政的运作需要程序的建构、完善与实施。如果没有宪政程序 ,宪政的运作将会是无所依托、杂乱无章的行为。宪政程序的合理性就在于其自身的正当化 ,这种正当化就其外在价值而言 ,必须支持宪政所内蕴的实体内容 ;就其内在价值而言 ,宪政程序的正当化意味着“公平”与“效率”的实现