论警察权力和公民权利的平衡——以比例原则和法律保留原则为视角

警察权力是为公民权利而设,警察权力行使的滥用或不力,都不利于保障公民权利,从比例原则角度讲,警察权应依比例行使,行使权力谋求的目的与对公民权利的影响应当成比例、相适应,包括刑事侦查权、行政调查权、检查权和枪支使用权都应按照各自的比例原则要求行使.从法律保留原则角度讲,凡限制公民人身自由权利的强制措施和处罚均应以法律来规定.目前,法律规定过于笼统,缺乏具体化、个别化规定,还存在以行政规章规定上述事项的现象.面对法律的完善和政府职能及责任的逐渐规范,应强化警察权在日常警务活动中的依法行使,并保证政府为应对突发性事件、灾害性事件、影响重大公共安全利益事件发挥警察权的能动作用.     

中国的精英决策模式及发展趋势

概述了西方精英模式的基本观点,论述了中国公共决策模式为精英模式的理论依据与现实依据,分析了改革开放前中国精英决策模式的构成是政治权力精英主导的决策模式,具体表现为政治权力精英与一般政治精英的合作决策模式。阐述了改革开放后中国精英决策模式演变的过程,指出随着社会精英的崛起,中国精英决策模式逐渐向政治精英与知识精英、经济精英合作的模式演变。并从多角度比较分析了中国精英决策模式与西方国家精英决策模式的区别:指出我国的精英构成、社会精英的实际政治地位与西方国家的精英构成及社会精英的实际政治地位存在差异;我国精英决策不只代表精英的观点,也反映人民的声音;我国的经济精英影响政策的能力远逊于西方国家的经济精英;我国政治精英与知识精英的合作决策不同于西方国家的精英合作决策。分析了中国精英决策模式的优缺点,指出了中国决策模式的发展趋势是精英决策与大众民主的调和。     

"两个人权公约"与我国人权宪政体制的整合

加入"两个人权公约"使我国面临着人权宪政体制与"两个人权公约"的整合问题.在人权宪政理念上,需要对关于人权的传统主流观念重新审视;在人权宪政规范上,以加入"两个人权公约"为契机,修正我国宪法公民基本权利的某些条款,重构我国的人权宪政体制;在人权宪政的运作上,对两个人权公约采取保留、克减措施,发挥我国宪法解释机制的功能,同时,以宪法的司法化为前提,以"两个人权公约"作为我国司法审判的直接依据并建立宪法判例制度.可以预见,21世纪经济全球化趋势必将促进我国宪政人权制度国际化的进一步发展.     

从王会洲案看刑事领域中公民参与的方式及法律保护

公民参与在刑事领域里主要表现为举报、扭送和正当防卫等三种方式。学界对此三者本体的研究较多,但从公民参与权的角度来予以定位的却不多见。正是这种定位上的模糊不清,导致司法实践中自发的公民参与权常常遭到破坏或得不到应有的保护。王会洲案就暴露了我国在公民参与权上的认识误差和法律保护之不足。     

Market-Oriented Urban Planning – Constraining Citizen Participation

Urban planning in Norway can be characterised as market oriented, with responsibilities for the formulation of planning largely delegated to private developers. Even though the principle of citizen participation has a strong and longstanding tradition in Norway, the market-oriented practices challenge the ability of citizens to influence their spatial surroundings. Based on broad surveys and qualitative case studies, this article maps the attitudes of developers, councillors and planners towards citizen participation and studies the strategies of local community associations. Our analysis shows that developers value citizen participation to a much lesser degree than councillors and planners, which can explain the lack of participatory channels in early phases. Official avenues for participation occur later, primarily through hearings. Local associations find this to be too late, characterising urban planning as a path dependent process; as a consequence, local associations attempt to influence planning processes in a more informal way by contacting councillors directly.     

非营利组织及其近义名词：语词变幻的背后

在中国诸多与"非营利组织"词义相近的名词,为争夺官方认可权和大众认可权展开了博弈.其中,"非营利组织"较"非政府组织"的后来居上,"公民社会"取代"市民社会","非营利组织"淘汰"非赢利组织"和"非盈利组织"--这种语词博弈的背后,反映出非营利组织这一西学理念在中国这样一个异质文化的环境中所遇到的引导、牵制和约束.     

A scientific approach to measure public political participation in Pakistan

Public political participation is an exhaustive subject in the democratic system that is contributing as a tilled land since the birth of democracy. It has a wide range of frequency, but voting is one of the easiest among all forms of public participation. Despite the easiness of voting, Pakistan ranks 164th in terms of voter turnout among 169 countries of the world. The voter turnout of the second largest Muslim democracy and the fifth largest among all the democratic states was recorded as 45.3% in the 2013 general election, which was less than India’s (59.4%) and even Bangladesh’s (58.2%). More than half of the population in Pakistan does not think it is its duty to cast its vote. The present study is an effort to investigate public political participation through six independent variables: democratic political party, party mobilization, security, accessibility, leadership image and moderating factor citizen distrust, and a useful sample size of 1884 was collected across the country. SPSS version 24.0 was used to measure the data. The results show significant and positive relations among the dependent and independent variables, while citizen distrust negatively moderates the dependent and independent variables of the study.     

Assessing Public Participation Initiatives in Local Government Decision-Making in Malaysia

Increased public participation in government decisions contributes significantly to the enhancement of grass-roots democracy. This article assesses the level of involvement of local citizens in local government decisions in Malaysia. Public participation was assessed using questionnaires on the range and extent of initiatives used by local government. The questionnaires also probed citizens’ perceptions of these initiatives and expectations for greater citizen empowerment. Data were gathered from 206 local citizens randomly selected from six local authorities in the northern region of Malaysia. The findings reveal a desire on the part of local citizens to participate in their local government decision-making process.     

Can the market help the forum? Negotiating the commercialization of deliberative democracy

Deliberative ideals have become commercial goods bought and sold in an expanding consultancy market. In this market, demand is generated by government and advocacy groups seeking innovative ways to engage with the public. On the supply side are a growing number of commercial organizations selling deliberative goods and services such as process design, facilitation and evaluation. This paper characterizes the nature of this deliberative market, and considers its implications for democracy and contemporary governance. An analysis of deliberative consultants finds that their professional world is more akin to a ‘community of practice’ rather than a marketplace. But the development of this community of deliberative practitioners could go in opposing directions. On the one hand consultants could become the entrepreneurs of deliberative democracy, promoting and demonstrating its benefits for policy making. On the other hand, if the motivations for deepening democracy are fully replaced by business imperatives and competition, then the deliberative project would be severely undermined. Rather than predict the future, the paper identifies some of the opportunities and challenges for democratic governance as elements of deliberative democracy are commodified.

CITIZEN PARTICIPATION IN SAUDI ARABIA: A STUDY OF THE MINISTRY OF LABOUR

The effects of Arab Spring led to widespread dissent among Saudi citizens, culminating in governmental fear of civil revolt. Thus, the Ministry of Labour introduced many developmental policies such as localisation, women employment that aimed to develop the country and satisfy the needs of citizens to offset rising inflation. These policies were said to be in the best interests of Saudi citizens. This study has therefore intended to investigate the extent to which the Ministry of Labour engaged and consulted with its citizens prior to the introduction of those policies. This study found that Saudi citizens participated via social dialogues, together, social media and digital communication in democratic governance. However, there is a gap in the perceptions of the Saudi elite and citizens regarding the significance of citizen participation in Saudi governance. It was discussed that complete democratic governance cannot be adopted due to autocratic nature of Saudi Arabia.