中外秘密侦查法律制度比较研究

秘密侦查在打击犯罪方面发挥着极为重要的作用,但又存在着一定的侵害性。为了防止警方滥用秘密侦查权,不少英美法系和大陆法系国家都通过立法或判例形式对秘密侦查措施的运用给予了较为严格的规范。而在我国,相关法律制度并不完善。为了规范秘密侦查措施的运用,必须综观全局,以构筑合理、公正的诉讼体制目标为导引,以建立抑制权力的人权保障制度为直接手段,并努力营造有利于秘密侦查规范化实现的制度氛围。     

国际贸易中的竞争规则及其新发展

随着反竞争行为对国际贸易消极影响的深化,而现存的应对反竞争行为的方法与途径又存在局限性,国际社会需要通过竞争规则的多边协调,来实现真正的贸易自由化。笔者认为,以“实现贸易自由化”为联系点,在WTO框架内拟议竞争规则是可行的,也是必要的。同时应注意竞争规则的模式选择、国际合作的加强及对发展中国家的待遇问题。     

比较与借鉴：中外青年志愿服务现状透视

国外发达国家青年志愿服务工作已逐渐步入组织化、规范化和系统化的轨道。通过中外志愿服务的比较发现,我国青年志愿服务水平与社会成员的需求仍然有较大的差距。应借鉴与吸收国外的成功经验,以更好地推动我国青年志愿服务工作的持续发展。     

The Rise of the Far Right in Debtor and Creditor European Countries: The Case of European Parliament Elections

While the 2014 European Parliament elections were marked by the rise of parties on the far right‐wing, the different patterns of support that we observe across Europe and across time are not directly related to the economic crisis. Indeed, economic hardship seems neither sufficient nor necessary for the rise of such parties to occur. Using the cross‐national results for the 2004, 2009 and 2014 EP elections in order to capture time and country variations, we posit that the economy affects the rise of far right‐wing parties in more complex ways. Specifically, we compare the experience of high‐debt countries (the ‘debtors’) and the others (the ‘creditors’) and explore the relationship between far right‐wing party success on the one hand, and unemployment, inequality, immigration, globalisation and the welfare state on the other. Our discussion suggests there might be a trade‐off between budgetary stability and far right‐wing party support, but the choice between Charybdis and Scylla may be avoided if policy‐makers carefully choose which policies should bear the brunt of the fiscal adjustment.     

Nations or Sectors in the Age of Globalization: China's Policy Toward Foreign Direct Investment in Telecommunications

Scholars debate whether states or markets drive economic policy in the context of internationalization. Unpacking the market–state dichotomy, liberal pluralists and institutionalists alike conduct sectoral analysis to examine economic policies and outcomes. They debate the relative importance of sectors versus factors and the impact of sectoral coalitions, structural characteristics, and institutional trajectories. Building on previous scholarship, this article argues that state imperatives, such as national security and technological advancement, are an important guide to understanding dominant patterns of economic policy, defined as state goals, government–business relations, and state methods. Beyond that, the organization of institutions and structural sectoral attributes influence the ways in which actual policy outcomes vary across sectors and time. Case studies of the liberalization and subsequent reregulation of foreign direct investment across subsectors of telecommunications in China substantiate this argument. Evidence from other industries further validates this explanatory model.     

Local Governance Versus Centralization: Connecticut Wetlands Governance as a Model

Scholars disagree whether local decision making is inherently more democratic and sustainable than centralized governance structures. While some maintain it is, due to the incorporation of local knowledge, citizen decision makers' closeness to the issues, and the benefits of participatory democracy, others find it as susceptible to issues of corruption and poor implementation as any other scale. We argue that with wetlands, a natural resource with critical local benefits, it is imperative to incorporate local governance, using the U.S. state of Connecticut as an example. Despite the American policy of No Net Loss, the local benefits of wetland resources cannot be aggregated on a national scale. Each local ecosystem needs wetland resources to ensure local ecological benefits such as flood control and pollution remission, as well as the substantial economic benefits of recreation. We illustrate the benefits of local control of wetlands with data from the American state of Connecticut, which consistently surpasses the federal wetland goal of No Net Loss due, we argue, to the governance structure of town‐level wetlands commissions. A national policy such as No Net Loss, where wetlands are saved or created in designated areas and destroyed in others, is insufficient when it ignores critical benefits for localities. The Connecticut system using local volunteers and unpaid appointees is a successful method for governing common‐pool wetland systems. In the case of Connecticut, we find that local decision making is not a “trap,” but instead an effective model of sustainable, democratic local governance.     

Political Institutions and Public R&D Expenditures in Democratic Countries

While research and development (R&D) expenditure is crucial in a nation's competitive advantage, factors determining levels of public investment in R&D have yet to be examined. This article seeks to fill this void, focusing on different democratic institutions such as presidential versus parliamentary systems, majoritarian versus proportional electoral systems, federal versus unitary systems, bicameral versus unicameral legislatures, and the effective number of parties. Building upon theories of political institutions and government size and utilizing public R&D appropriations data from 18 Organization for Economic Cooperation and Development (OECD) countries between 1981 and 2007, this article reports that democratic institutions do matter in the levels of public R&D spending. However, the effect is more complicated across the different types and performers of research than expected. Additionally, the effect of one institutional dimension is found to be moderated by the existence of the other dimensions, which makes it clearly more challenging to sort out different degrees and directions of the relationships between R&D expenditures and political institutions.     

Local Fiscal Stress in Sub‐Saharan Africa: The Kenyan Example

Abstract

This article identifies the fiscal weaknesses of local government in Africa, with concentration of the fiscal stress that is endemic to their condition. It then examines Kenya, as a case study in sub‐Saharan Africa. It continues to focus down on three Kenyan cities—Nairobi, Mombasa, and Kisumu, and identifies their six major revenue sources: land based revenues, regulatory revenues, income‐based taxes, service revenues, user charges, and government grants. Although some of the data is problematic, it is possible to determine several reasons for local fiscal stress. These reasons include limited access to stable financial resources, unstable national economic performance, centralized governmental control, mixed results of decentralization, and institutional and managerial weaknesses, including corruption in the collection and use of resources. Four recommendations are advanced to help these local governments: the development of local credit systems, the use of non‐governmental organizations, the clarification of the use of foreign aid, and the development of a greater capacity for governance. This articles main theoretical contribution is the development of an analytic framework for examining the reasons for fiscal stress in sub‐Saharan Africa. By examining revenue and expenditure patterns of the three localities, the article develops a data set that highlights some of the reasons for local government financial problems—the governments do not know how much revenue can be collected from a particular revenue source, they do not have records of existing sources of revenue, and they only collect about 40–60% of their estimated collections.     

Child Trafficking,Child Soldiering: exploring the relationship between two ‘worst forms’ of child labour

While it may be intuited that human trafficking is an ineluctable component of the child soldiering experience, very little research exists to illustrate the tangible connections between these two ‘worst forms’ of child labour. The extent to which common reception points for trafficked children—such as slave-owning households, religious boarding schools and brothels—double as profitable reservoirs for recruiting commanders remains entirely unknown. Likewise, despite the clear financial incentive that some erstwhile commanders might have to traffic their former child combatants into civilian slavery, the prevalence of such practice is unknown. The purpose of this article is to delineate some of the most conspicuous academic gaps pertaining to the intersection of child trafficking and child soldiering.     

EU Counterterrorism and the European Neighbourhood Policy: An Appraisal of the Southern Dimension

Terrorists trained on European soil, but originating from the Middle East, attacked the world's only superpower on September 11, 2001. Countering this terrorist threat has become an increasingly significant part of European Foreign Policy. At the same time, the European Neighbourhood Policy (ENP) has become an increasingly important dimension of European Foreign Policy. This article examines the extent to which counterterrorism has occupied a prominent place in the ENP, with a particular focus on the Southern Mediterranean ENP partners. The findings of this article suggest that, despite the commonly held view in the literature that security issues, in particular terrorism, have dominated the ENP agenda, counterterrorism cooperation between the European Union (EU) and its Southern Mediterranean ENP partners has not advanced as much as might have been expected.