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.     

Smokescreen Politics? Ratcheting Up EU Emissions Trading in 2017

The reform of the EU Emissions Trading System (ETS) adopted in November 2017 was surprisingly strong, given the previous opposition from central member‐states like Poland and key stakeholders like the energy‐intensive industries. The carbon price has also increased substantially since then. To explain why such major reform was possible, we present several findings with wider relevance. Importantly, all the actors pushing for a more ambitious reform benefitted from having a central, “second‐best” mechanism in place—the Market Stability Reserve (MSR)—which could be further tightened. By focusing cancelation on allowances in the MSR and taking place only after 2023, policy entrepreneurs managed to make the distribution of costs obscure and diffuse, whereas the benefits (a probable higher carbon price and related greater auctioning revenues for member‐states) were more specific and closer in time. That is what we call “smokescreen politics.”     

Political interference and regulatory resilience in Brazil

Governments face a fundamental tradeoff between regulatory independence and control. Attempts of interference have the effect of reducing the system's level of commitment and credibility. On the other hand, an administration runs the risk that the autonomy delegated to regulators might be used to pursue outcomes that may harm their interests. This tradeoff is particularly relevant when there is an alternation of power with the arrival of a new political elite with different preferences. This paper uses data from a 2016 survey on regulatory governance applied to Brazilian regulatory agencies. This data is compared to a similar survey performed in 2005. The new survey results turn out to be surprisingly similar to those of a decade earlier, suggesting strong resilience of regulatory agencies despite significant attempts at political interference by powerful presidents. The factors explaining the resilience of regulatory governance in Brazil lie in its broader institutional endowment, which moderates the effects of executive interference.     

Multiple Streams in Hawaii: How the Aloha State Adopted a 100% Renewable Portfolio Standard

Renewable portfolio standards (RPS) are an important policy tool for reducing carbon emissions and advancing the global shift toward renewable energy. As the U.S. federal government backs away from commitments to reduce greenhouse gas emissions, subnational governments play an increasingly important role in mitigating climate change. In June 2015, Hawaii became the first state in the United States to adopt a 100% RPS. Through understanding the conditions that gave rise to Hawaii’s RPS, policy actors will be better informed as they navigate policy processes in other states and jurisdictions. This study uses Kingdon’s Multiple Streams Framework (MSF) to explore the policy process that led to Hawaii’s 100% RPS. Data were collected during the summer of 2016 via interviews with 25 key policy actors and informants in Hawaii. Expectations based on the MSF are confirmed, and the results suggest factors that might be included or explored in future studies of RPS adoption.     

组织传播：台湾网络竞选的模式与策略

网络竞选是台湾政治选举的重要组成部分。2008年以后,网络竞选的模式与策略呈现出组织传播的特点。网络竞选不仅是一种宣传方式,还是一种组织方式。一方面是在组织中传播,借助社交网站进行病毒式营销,另一方面是在传播中组织,在互动和分享的过程中建立起动态化组织。     

旅游影响下滇西北民族社区传统生态文化变迁机制研究

旅游对目的地文化变迁的影响已有较多研究,但由于案例地的特殊性,缺乏比较研究的基础。以滇西北三个民族社区为案例,对当地在旅游发展过程中呈现出的不同的生态文化变迁形态进行了比较性解读。研究发现,位处旅游地生命周期的不同阶段、面对不同的客源市场,以及不同的文化借用方式,是导致各社区生态文化变迁形态迥异的主要原因。研究将有助于在民族社区旅游发展与传统生态文化保护之间探索一条良性互动的发展路径。     

组织社会化——新入职公务员融入行政组织的必由之路

组织社会化作为新入职公务员融入行政组织的方法和手段,对行政组织和公务员个人都起着十分重要的作用。然而,行政组织与新入职公务员在思想上、社会化内容及策略选择上仍存在着的一些问题,制约了组织社会化作用的发挥。因此,行政组织对新入职公务员的组织社会化工作应进行规划,设计出既有共性又体现个性的社会化内容,并与公务员个体共同完善其组织社会化的策略。