论作为非国家机构的政府

作为非国家机构的政府是同人类社会与生俱来并共始终的。在整个阶级、国家社会,国家机构的政府与非国家机构的政府也是并存互动消长的。这种并存互动的消长过程同政治、政府体系、非政府组织、第三部门等问题既相关联又相区别。探讨非国家机构的政府问题,有利于处理好党政关系,推进中国特色的政府治理和政治发展。     

论我国家庭暴力的公力救济

家庭暴力是一个全球性的问题 ,之所以受到特别关注 ,是因为它不仅是一个突出的社会问题 ,而且极大地危害社会治安、家庭稳定以及妇女儿童的身心健康。公力救济作为对家庭暴力的有效防治途径之一 ,结合我国目前的立法及司法现状 ,对其进行理论探讨     

行政不作为及其国家赔偿责任

行政不作为是行政行为的一种形式 ,对其进行科学的研究 ,有助于构建我国科学完整的国家赔偿法律乃至整个行政法律制度。本文对行政不作为的主体 ,行政不作为与行政作为、不正确作为、迟延作为的区分 ,作为的法定义务 ,义务履行的可能性进行了分析 ,并以此为基础 ,概括了行政不作为的涵义 ,讨论了行政不作为构成国家赔偿责任的条件及免责事由。     

The state after modernism

In his book Democratic Governance Mark Bevir has highlighted a number of key issues facing those of us who want to understand the state and its role in governing. Not only has the role of the state changed significantly in the last 30 years but those changes need to be understood in terms of the implications for the nature of the state’s interaction with society and the ways in which the state exercises power within a democratic context. Perhaps what Bevir highlights most is how the conceptions of the state amongst elites is being challenged by changes in the form of government but more importantly by changes in the nature of knowledge and how citizens understand their relationship to the state. Whilst Mark Bevir is right to acknowledge the role and influence of ideas, he has a tendency to overemphasize their impact and as a consequence pays insufficient attention to the role that institutions and structures more generally play in mediating the way in which beliefs and ideas affect outcomes. This simplification leads to an overestimation of the degree of change that has occurred in Britain in particular and in states in general.     

马克思主义国家理论的文本解读

从马克思、恩格斯的著作文本入手,分析归纳其文本中关于国家理论的具体论述,是掌握和理解马克思主义国家理论的根本前提和基础。抛开文本或者在文本基础上对马克思主义国家理论的演绎都是精致的唯心主义的体现。本文以马克思、恩格斯的著作文本为基础,全面集中解读了马克思恩格斯关于国家理论的具体论述,主要包括国家起源、国家的本质、国家的职能、国家的消亡四个方面,进一步厘清了马克思恩格斯国家理论的本原,以期消除人们对马克思主义国家理论的神秘感或复杂感,使人们更加简单的理解和掌握马克思主义国家理论基本要义。     

Ensuring Insurance for Foster Care: Requiring Foster Parents to Obtain Liability Insurance to Cover Harm Done to Foster Children in their Care

This Note proposes that all states should require that foster parents have liability insurance before children are placed in their care. This Note also proposes that the liability insurance needs to cover not just harm to third parties but also harm to the foster children through the negligent acts of the foster parents. This legislation will allow foster children to have standing to bring claims against their foster parents and insurance companies and give them a greater opportunity for recovery. Currently, the policies and statutes governing the policies in place do not cover all types of harm that can occur during the foster parent–child relationship. Certain policies leave children who are harmed by their foster parents’ negligence unable to recover any damages from the people who have harmed them. Because foster parents can be left to defend the actions themselves, they often become judgment proof due to their low income, leaving the children who are harmed with little chance of recovery.

Key Points for the Family Court Community:
• States need to require foster parents to obtain liability insurance, which covers harm done by the foster children to third parties, harm to the home, and any harm done to the child by the foster parents.

     

State and Democratization in Nigeria

The articles interrogates the relationship between democratization and people power in Nigeria. It argues that the broadening of the Nigerian public sphere has not led to reciprocal development of democratic principles and practice. As civilian rule reigns and economic growth is reported, Nigeria’s democratization is fraught with many challenges. Democratization remains questionable in Nigeria; it is rudimentary and distorted by irregularities. These have had implications for national development and human securities as the poverty level worsens and acclaimed economic growth and “democratic dividends” fail to enhance Nigerians’ quality of life. The trivialization of democratization raises critical questions about its state and relevance to Nigerians and the Nigerian state. Is Nigeria democratizing or de-democratizing? How does the democratization process bring the Nigerian people closer to state (power)? How has it helped their developmental quests? The article contends that Nigeria’s democratization process is indeed on trial. As Ake argues, Nigerian state democratization does not only trivialize the essence of democracy—it also continues to reverse the democratization process. Against this background, the article concludes that the democratization process in Nigeria requires elite political will and people’s consciousness to advance to the next stage for better democratic consolidated and economic development relevant to Nigerians.     

超大型国家治理中的地方法治试验及其制度约束

地方法治试验既能够激发地方政府的创造性,又能够科学有效地规范地方政府权力运作。竞争动力学理论从经济发展产生的内生性驱动和官员晋升锦标赛产生的外在压力两方面,解释了地方法治试验的动力机制。中国采取"政府集权+行政集权"模式在促进国家统一同时,扩大了国家的治理规模,增加了国家的治理负荷,引发了超大型国家治理的结构性难题。中央试图通过允许地方进行法治试验的方式,来解决这一难题。它能够在统护法律统一的前提下,及时调整中央集权与分权的程度。中央通过宪制约束、组织约束和政策调控等多种手段,加强对地方法治试验的约束,确保国家整体主义体制结构的实现。地方法治不是一个脱离中国整体法治而存在的本体论意义上的概念,而是一个具有强烈方法论意义的概念。     

家庭、国家与儿童福利供给

儿童抚育事务在传统上主要由家庭承担。工业革命之后,西方国家才开始系统关注并发展儿童社会福利,为抚育儿童的父母提供制度化的国家支持,并对父母亲权的实践进行国家监督。尽管不同的儿童社会福利理论对于如何界定家庭与国家在儿童抚育与儿童福利供给过程中的关系模式存有分歧,但是,关注得不到家庭适当抚育的儿童的福利,并为其提供必要的福利服务,已经成为现代国家的共识。鉴于我国传统的以家庭为主的儿童抚育模式出现失灵,积极发展选择性的儿童福利服务具有其充分的合理性。     

Voter preferences and party loyalty under cumulative voting: Political behaviour after electoral reform in Bremen and Hamburg

Many electoral systems constrain voters to one or two votes at election time. Reformers often see this as a failing because voters' preferences are both broader and more varied than the number of choices allowed. New electoral systems therefore often permit more preferences to be expressed. In this paper we examine what happens when cumulative voting is introduced in two German states. Even when we allow for tactical considerations, we find that the principle of unconstrained choice is not widely embraced by voters, although in practice, too, many seem to have preferences for more than just one party. This finding has implications for arguments relating to electoral reform as well as how to conceive of party affiliations in multi-party systems.