行政诉讼司法变更权研究

行政诉讼司法变更权,是法院行政审判权的重要组成部分。确立司法变更权,是我国民主法制建设的要求。我国现行《行政诉讼法》规定的司法变更权是有限的,只适用于行政处罚案件。为了有效地监督和制约行政机关行使行政职权,更好地实现行政诉讼保护公民、法人和其他组织合法权益的目的,应当适当扩展司法变更权的范围。     

寻租理论与我国的律师收费制度改革

寻租理论对于律师收费改革中的某些消极现象有着较强的解释能力。律师服务收费办法的制定与政府指导价标准的设立是政府对市场调节的一种行政干预,不可避免地导致寻租机会和寻租活动。正确界定政府在法律服务市场中的角色和作用,使其在充分发挥积极作用的同时有效地避免寻租现象的产生,已成为律师收费制度改革的当务之急。     

汽车牌照的性质及其在物权法上的作用——兼评汽车牌照的拍卖

汽车牌照是汽车上路行驶的法律要件之一,但是汽车牌照能够成为拍卖的标的吗?从法律上考察,汽车牌照是何性质呢?汽车牌照与汽车之间是一种什么样的关系呢?作者主要从以下三个方面论述了有关汽车牌照的问题:一是汽车牌照的非财产性质;二是被拍卖后的汽车牌照的财产性质及其所带来的问题;三是汽车牌照在物权法上的作用。最后,笔者得出结论:汽车牌照是不能拍卖的。通过汽车牌照的拍卖以达到限制汽车增长的目的也不可能实现,并且是违反伦理的。     

台湾平埔族群文化变迁及其原因试析

平埔族群在清代被汉文化所融合,其文化变迁速度之快,传统文化消失之彻底为其它台湾少数民族所仅见。文章首先阐述平埔族群文化变迁的过程,然后对平埔族群文化变迁的原因作了分析,并认为平埔族群文化发生变迁原因是多方面的,既有客观原因也有主观原因。最后文章还对平埔族群文化变迁的实质作了探讨。     

论广西转变经济发展方式新走向——从“工业兴桂”向“质量兴桂”转变

广西转变经济发展方式新走向是从＂工业兴桂＂向＂质量兴桂＂转变。在实施中要进一步解放思想;要加快转变经济增长方式,优化产业结构;要加快工业技术创新和技术改造,大力实施品牌发展策略;要充分发挥企业在＂质量兴桂＂战略中的主体作用;要建立健全质检监测平台,加强质量诚信体系建设,普及质量文化知识教育;要加强执法检查和质量安全监管;要加强宏观调控,系统管理;要切实加强＂质量兴桂＂战略实施的领导。     

Civil Service Reform in Latin America: External Referents Versus Own Capacities

In the context of state reform and democratisation in Latin America, reinforcing public institutions becomes critical to sustaining and consolidating realised gains. In this area, civil service reforms are critical. But civil service reform initiatives in Latin American countries were designed with different degrees of compatibility with countries’ administrative traditions and with the role played by the civil service within the political system. The results of different initiatives are described in a brief review of six key features of nine Latin American civil services. Discussion of these results allows us to draw conclusions about the capacity to generate learning dynamics. A new conception of the civil service and its role in the political system appears more evident, unless the required political consensus for implementing and consolidating the new reform strategy for most Latin American public administrations is not confirmed.     

集团诉讼存在的理由——关于普通法集团诉讼目的论的研究

普通法系国家集团诉讼目的包括:为社会成员提供权利救济,为被告提供程序保障并矫正其行为,尊重集团成员的个人自治等具体目标。我国现行代表人诉讼制度中蕴含的"两便"目的,难以描述和解释深层立法动机,集团诉讼上述目的对优化我国代表人诉讼制度有借鉴意义。     

United in diversity? The convergence of cultural values among EU member states and candidates

The European Union (EU) is considered to be a unique economic and political union that integrates most European countries. This article focuses on the cultural aspect of European integration, which has been increasingly debated over the course of deepening and widening integration and in the context of the legitimation crisis of the EU. Among the main goals of the EU is to promote certain values, which raises the question of whether it has been efficient in (or enabled) reducing cultural value gaps among the participating countries. World polity and institutional isomorphism theories suggest that cultural values may trickle down in a vertical manner from the institutions of the EU to its member states and candidates. Furthermore, hybridisation theory postulates that values diffuse horizontally through intensified interactions enabled by the EU. These two perspectives imply the possibility of cultural convergence among countries associated with the EU. By contrast, the culture clash thesis assumes that differences in cultural identity prevent value convergence across countries; growing awareness of such differences may even increase the pre-existing cultural value distances. To test these different scenarios, distances in emancipative and secular values are compared across pairs of countries using combined repeated cross-sectional data from the European Values Study and the World Values Survey gathered between 1992 and 2011. This study finds that the longer a country has been part of the EU, the more closely its values approximate those of the EU founding countries, which in turn are the most homogenous. Initial cultural distance to the founders’ average values appears irrelevant to acquiring membership or candidacy status. However, new member states experienced substantial cultural convergence with old member states after 1992, as did current candidates between 2001 and 2008. Since 1992, nations not participating in the integration process have diverged substantially from EU members, essentially leading to cultural polarisation in Europe. The findings are independent of (changes in) economic disparities and suggest the importance of cultural diffusion as one of the fundamental mechanisms of cultural change. This empirical study contributes to the literature on European integration, political and sociological theories of globalisation, and cross-cultural theories of societal value change.     

How interest groups influence public opinion: Arguments matter more than the sources

Through what mechanism do interest groups shape public opinion on concrete policies? In this article, three hypotheses are proposed that distinguish between the effect of the arguments conveyed by interest groups and the effect of interest groups as source cues. Two survey experiments on the proposed Transatlantic Trade and Investment Partnership (TIPP) and the 2015 Paris Agreement on climate change allow the testing of these hypotheses. The resulting evidence from several countries shows that, with respect to interest groups’ attempts at shaping public opinion, arguments matter more than their sources. This is so even when accounting for people's trust in the interest groups that serve as source cues and for people's level of information about a policy. The finding that interest groups affect public opinion via arguments rather than as source cues has implications for the literature on elite influence on public opinion and the normative evaluation of interest group activities.     

Polycentric Systems and Multiscale Climate Change Mitigation and Adaptation in the Built Environment

Addressing climate change requires consideration of mitigation and adaptation opportunities at multiple spatial scales. This is particularly true in the built environment, defined here to include individual buildings, neighborhoods, and the spaces between. The current U.S. political environment portends fewer resources and coordinating services for mitigation and adaptation at the federal level, however, reinforcing the relevance and necessity of actions at subnational levels. In this study, we evaluate the applicability of a polycentric model of governance to the implementation of mitigation and adaptation practices, as well as the presence of polycentric systems in the built environment. We assemble a database of practices with the potential to achieve both mitigation and adaptation objectives, as well as those that may be cross‐purposed or that may achieve one but not the other. We review practices to gauge the applicability of a polycentric model of governance to mitigation and adaptation practices in the built environment, and examine the attributes of three existing adaptation and/or mitigation programs to assess the extent to which they exhibit polycentric attributes. We conclude with recommendations for a broader research agenda, including efforts to develop more in‐depth examinations into individual programs and comparative analysis of performances of different governance attributes.