跨国公司商业贿赂伦理控制的法律研究

在国际社会提高透明度及抑制腐败的运动中,跨国公司作为商业贿赂的重要主体,其角色越来越受到重视。跨国公司出于遵守法律,创造廉洁透明的商业环境以及自身伦理建设和树立良好公众形象的需要,都有通过自我控制消除商业贿赂的动力。虽然许多大型跨国公司利用企业伦理教育控制、财务制度控制及合规监察控制等途径对商业贿赂进行伦理控制,但其成效并不显著。在现行法律框架下,跨国公司控制商业贿赂面临着执行过程中的巨大成本。为此,各国应加强法律的双向激励机制,促使跨国公司积极投身商业贿赂的伦理控制。     

青年“秀”文化的伦理思考

青年＂秀＂文化是指当前以青年为主要创造者、传播者、承载者、共享者的,通过面向公众、展示自我、出奇出新、力求出众、力争最好而形成的文化形态,它是随着思想的解放、经济的发展、社会主义市场经济体制的确立、外来文化的冲击以及科技的进步而出现的。青年＂秀＂文化体现了社会日益扩大的自由空间,张扬了青年的个性,激发了青年的创造力,有利于促进社会繁荣和进步。家庭、学校、社会应该对青年＂秀＂文化给予支持,同时加以适当引导。     

Comparative Climate Change Policy and Federalism: An Overview

This commentary provides an overview of the four papers in this issue of Review of Policy Research on the politics of climate change. The papers all address in one way or another aspects of how federal‐type systems are dealing with the collective action and multilevel governance issues of climate change policy. The comparative study of federal systems provides insight into how domestic authority is so often overlapping and divided when dealing with greenhouse gas emissions and climate change. Federal arrangements offer a rich array of norms, institutions, and practices for tackling these problems. Federal systems grapple continuously with the kinds of issues that are the most intractable in the climate change case, such as overcoming interregional differences of interests and values. A common federal feature is competition among subnational governments and between them and national or federated governments over climate change policy, which has been especially significant in the United States and in Canada in the relative absence of national action––although soberingly, the whole is as yet nowhere near as great as the sum of the parts. More significant, but rarer is the achievement of tighter coordination in federal systems achieved through intergovernmental co‐decision, as seen in the European Community and Australia. This has been accomplished in large part due to a consensus among all intergovernmental parties on the nature of the problem and congruence with the existing international regime, characteristics missing in the North American context.     

Public Attitudes toward Climate Science and Climate Policy in Federal Systems: Canada and the United States Compared1

Multilevel governance poses several challenges for the politics of climate change. On the one hand, the unequal distribution of power and interests can serve as a barrier to implementing coherent policy at a federal level. On the other, these features also enable policy leadership among sub‐federal units. In the context of wide variation in climate policy at both national and sub‐federal levels in Canada and in the United States, this paper utilizes an original data set to examine public attitudes and perceptions toward climate science and climate change policy in two federal systems. Drawing on national and provincial/state level data from telephone surveys administered in the United States and in Canada, the paper provides insight into where the public stands on the climate change issue in two of the most carbon‐intensive federal systems in the world. The paper includes the first directly comparable public opinion data on how Canadians and Americans form their opinions regarding climate matters and provides insight into the preferences of these two populations regarding climate policies at both the national and sub‐federal levels. Key findings are examined in the context of growing policy experiments at the sub‐federal level in both countries and limited national level progress in the adoption of climate change legislation.     

Building Green: Local Political Leadership Addressing Climate Change

Municipal agreements have been instrumental in communicating commitment to addressing climate change at the local level. However, what is the practical implication of this potentially symbolic decision? This study examines the power of mayoral participation in climate change agreements in driving the proliferation of sustainable or “green” building in a city as a mechanism to reach its climate change goals. In addition, mayors can localize what is otherwise a public good by framing green buildings as having other tangible impacts on a community. We analyze the impact of political leadership on green building projects in 591 cities in 50 U.S. states, controlling for a variety of city‐ and state‐level variables. Hierarchical models indicate that mayoral leadership in climate change policy fosters green building, while state‐level predictors are not as important as city policy in creating green buildings. Our research concludes that local governments can be a very effective venue in addressing broad climate change goals.     

Interlocal collaboration and local climate protection

ABSTRACT

The influences of state government have been curiously absent from most studies of collaboration among cities. Extant research on city collaboration which promotes on climate and environmental sustainability issues focuses primarily on local-level institutions, politics, and processes. Thus, the role of states to constrain or facilitate collaboration among local governments needs to be more fully accounted for. Building on transaction cost and institutional collective action theory and drawing on data from a national survey of US cities, we investigate the influences of city-level factors together with the hierarchical effects of state rules and policies on the extent to which mechanisms for interlocal collaboration are employed in pursuing climate protection and renewable energy development goals. The results confirm predictions that multilevel intergovernmental forces influence the extent to which cities collaborate. These results have both theoretical and practical implications for understanding interlocal collaborations.     

Burden Sharing and Fairness Principles in International Climate Policy

One of the major challenges facing participants in the global climate change negotiations is to find a scheme of burden sharing that can be accepted as "fair" by all or at least most governments. In this article we first explore which basic principles of fairness seem to be sufficiently widely recognized to serve as a normative basis for such a scheme. We then examine a set of proposals for differentiating obligations that have been submitted by governments in the negotiations leading up to the Kyoto Protocol to see which principles have been honored. In the concluding section we discuss the implications of our analysis for the design of more specific burden sharing rules.     

论执政党行政道德

行政道德是国家机关公职人员必备的道德素质。在贯彻“以德治国”战略中,首先要使以“德”为基础的价值理性成为“治国”的一种基本精神,渗透于国家、社会各个层面。加强执政党行政道德建设,有利于避免行政道德失范和行政腐败的发生,对于实施以德行政,全面推进有中国特色社会主义现代化建设具有重要的意义。     

法治与德治并举治标与治本结合

在中国历史上,法史前是以“德治教化”维持社会秩序的,法律产生后则是依法治理国家的。德治御心,培养人们的德性,防止其思想上不道德邪念的产生;法治防行,要求人们遵纪守法,惩治违法犯罪行为,使不再犯。法治与德治并举,治标与治本相结合,法治御行,德治御心;御行治标,御心治本,标本兼治,是为上策。