繁荣来自竞争福利为了大众——公平效率关系的欧洲模式及其反思

公平和效率的关系是一个世界性难题。欧洲"福利国家"试图解决这个难题,其成果具有一定的借鉴价值。欧洲模式的困境源自国家社会责任的过犹不及,矫正国家经济干预越位和社会责任缺位同样是我国当前改革发展的着力点。科学发展与和谐社会的新理念将统领、导引我国经济与社会协调、公平效率兼顾的发展模式创新。     

中国性别平等与妇女发展评估报告(1995-2005)

本报告基于全面小康社会性别平等与妇女发展指标研究,从健康、教育、经济、政治与决策、家庭和性别平等与妇女发展的社会环境六个方面对中国和各省、自治区、直辖市性别平等与妇女发展状况进行评估。指出男女两性在不同领域的发展差距,以及不同经济社会发展水平的地区的性别平等与妇女发展程度与差异等。报告表明,经济社会发展并不必然带来性别平等与妇女发展状况的改善。     

论生命权刑法保护的基本原则

对于作为公民最基本权利的生命权的刑法保护,除了应遵循一般的法律原则外,尤其应当强调生命至上原则与平等保护原则。前者包括两个层次,其一是在观念层次上,立法应当体现出对生命权在权益阶梯中的至上性;其二则是在具体的罪刑设置中,切实实现对生命权尽可能完备的保护。对于生命权刑法保护的平等原则,问题更多存在于司法之中。     

行政法的嬗变：由公法到公私法合一

公法私法的融合趋势、弱权力和非权力行政领域的出现、行政权力权利化和职责化、平等型行政法律关系的生成和拓展等因素,导致作为传统公法的行政法正逐步嬗变为集公法私法于一体的法律部门。私法介入行政法必须遵循法定、私法优先等基本原则。行政法的私法化不是全方位的,它受权力弱化、平等理念的深化、权力职责化、行政公共性和服务性理念的拓展等因素的掣肘。     

Women’s equality in Northern Ireland’s transition: intersectionality in theory and place

Women are invisible in mainstream analyses of the Northern Irish conflict. The prodigious literature is uninformed by gender analysis. These absences have discursive and material implications for tackling women’s inequality in a society in transition from armed conflict. Feminist intersectional theory counters and complicates essentialist constructions of identity. It aids understanding of the Northern Irish context by bringing into view issues of gender, sect and class. The tentative intersectional theoretical framework developed in this article is tested in an empirical study of women’s poverty. This supports the argument that intersectional analysis is required if the policy approach to women’s equality in Northern Ireland is to benefit the most marginalised women and thereby improve the prospects of building a more stable and peaceable society.     

Splitting and making parties: Analysis of party reconfiguration in Taiwan

The development of Taiwanese party politics reached a milestone in the 2000 presidential and 2001 legislative elections. The island's pre-existing three-party system underwent a marked reconfiguration. With the split of the Kuomintang (KMT), two new parties emerged but one existing party nearly collapsed. Party politics in Taiwan have shown a continuous process of proliferation of new parties. This paper analyzes the underlying logic that drives the reconfiguration of the Taiwanese party system. A political-institution perspective is employed to show how social cleavages, mixed electoral incentives, and government formation work in dictating the transformation of the party system. This paper is supported by the National Science Council, Taiwan, under Grant NSC 92-2414-H-001-019, NSC 93-2414-H-001-002, and NSC 94-2414-H-001-012.     

A Tale of Two Councils. Explaining the Weakness of the SVP in the Upper House of the Federal Parliament

The SVP is the strongest party in the National Council, but the weakest among governmental parties in the Council of States. This article analyses possible explanations for this surprising difference by combining macro‐level information on electoral results and data from recent election studies. The results presented show that the weakness of the SVP in the Council of States is due neither to its decision to compete only in selected constituencies, nor to “mechanical” effects of the electoral system. Rather, this weakness is explained both by the strategic behaviour of voters, who avoid “wasting” their vote in the majoritarian election of the Council of States, and by incumbency effects. The SVP is further disadvantaged by its ideological position, as its candidates have more difficulty gathering the majority of votes required for election in the Council of States than do, for instance, those of the centre‐right parties.     

Do Multicultural Democracies Really Require PR? Counterevidence from Switzerland

Central to consociational (or power‐sharing) theory is the claim that multicultural societies require electoral systems based on proportional representation (PR) in order to ensure a fair representation of the various cultural groups in parliament. In this context, Switzerland is often cited as a “PR country”, as well as the key example of successful consociationalism. This article argues that, in this respect, the Swiss experience does not support consociational theory as far as the representation of linguistic groups is concerned. The counterevidence is found by exploring the variety of Swiss electoral systems, both at the national level and in the four multilingual cantons. The article suggests that territoriality (i.e. definition of electoral districts) is the key variable for ensuring linguistic proportionality in parliament. When this is not possible, as is the case in some elections in the multilingual cantons, majoritarian systems sometimes do a better job than PR.     

社会主义市场经济呼唤刑事立法的平等观

社会主义市场经济是平等经济 ,它要求的法律面前人人平等原则不仅指刑罚适用上的平等 ,更应成为刑事立法的基本指导思想 ,应以平等的刑事立法原则为指导对刑法进行完善     

Electoral Reform and Parliamentary Debates

The early twentieth century saw many democracies adopt proportional representative systems. The textbook explanation, pioneered by Rokkan, emphasize between‐party electoral competition; the rise of the Socialist vote share made Bourgeois parties prefer PR systems to maximize their seat share. While appealing, this account is not entirely compelling. Consequently, scholars are investigating within‐party explanations of support for such reforms. Particularly, Cox, Fiva, and Smith show how list PR enable party leaders to discipline members and build cohesive parties. Relying on roll‐call votes across the Norwegian 1919 electoral reform from two‐round single‐member plurality to closed‐list PR, they show that the internal party cohesion increased following the reform. We investigate how the Norwegian electoral reform changed the content of parliamentary speeches. Comparing speeches from MPs present both before and after the reform, we show how parties become more cohesive in parliamentary debates under list PR than they were under the single‐member‐district system.