我国妇女农地权利法律制度运作的实证研究与完善路径

在我国,保护农村妇女土地权益具有重要意义,但调查研究表明,农村妇女土地权益频受侵害,土地承包经营权并未得到充分的保障。造成这种状况的主要原因:一是我国立法上对"男娶女嫁"婚嫁方式可能损害妇女土地权利的认识不足;二是法律、政策的相关规定互相矛盾;三是立法上对妇女权益法律保护的效果适得其反;四是法律规定过于原则,操作性不强;五是当村规民约侵害妇女土地承包权益时,缺乏有效的法律救济途径;为此,应当有效化解政策、法律之间的冲突,完善细化法律规则,在立法和执法过程中引入社会性别视角,加强对村规民约的法律审查,消除制度歧视。     

论消费欺诈诉讼案件证明难题的化解路径——以一个《最高人民法院公报》案例为样本的分析

消费欺诈诉讼案件中对＂欺诈＂事实的证明责任分配依＂规范说＂应由消费者承担,不应由法官裁量证明责任来改变法定的证明责任分配。法官自由裁量权应在证明评价与自由心证等环节加以运用。疑难案件的解决应坚持在严格遵循法定证明责任分配原则的基础上,通过司法实践生成诉讼证明的具体规则的路径来加以解决。     

Regulating Complex Contracting: A Socio‐legal Study of Decision‐Making Under EU and UK law

The article evaluates interview data on decision‐making under public procurement law using Halliday's analytical model on compliance with administrative law. In this study, unlike other studies on administrative compliance, the decisions faced by public bodies are not routine; they relate to the award of complex, high‐value contracts. Two contrasting decisions in the procurement process are discussed: the decision over the choice of procedure at the outset of the process, and the decision over the extent to which the public body should negotiate with the winning bidder towards the end of the process. The article considers the rationales behind decisions, and finds that, although public bodies are generally predisposed to comply, legal uncertainty means the relevance of commercial pressures and challenge risk impact heavily on approaches to compliance, even shaping understanding of what compliant behaviour actually is.     

Reflections on the Exercise of Prosecutorial Discretion 50 Years After Publication of The Challenge of Crime in a Free Society

In The Challenge of Crime in a Free Society, the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson in 1967 acknowledged the influential role that prosecutors play but lamented the fact that their highly discretionary charging and plea bargaining decisions were often made haphazardly and inconsistently. The Commission called for more transparency and accountability in charging and plea bargaining processes. I examine the exercise of prosecutorial discretion in the 50 years since the publication of the Commission's report, with a focus on the results of research and changes in policy and practice. Although the charging and plea bargaining processes have not been subject to the type of scholarly scrutiny directed at judges’ sentencing decisions, the research that has been published in the past several decades has become more theoretically grounded, methodologically sophisticated, and transdisciplinary. In terms of policy, decisions handed down by the Supreme Court since the 1960s have provided some minimal regulation of charging and plea bargaining, and the reforms embraced by state and federal prosecutors have affected the exercise of prosecutorial discretion.     

Managerial Innovations in the Egyptian Public Health Sector: An Empirical Investigation

The purpose of this article is to analyze the process of restructuring the Egyptian public health sector according to the new mode of governance principles and the concomitant dilemmas in the process. Based on an interpretative methodology, the findings of this research indicate that (a) despite some positive changes, serious doubts remain over the commercialization of basic public services; (b) confusions have emerged regarding the identity of public hospitals; (c) despite the introduction of the business management principles, the centralized hierarchical power of the state over the local governmental hospitals remains intact; (d) the new system has degraded the professional standards of medical practitioners and made them subservient to the whims of the financial management professionals; and (e) there have been some negative effects on equity.     

行政裁量基准的技术范式研究

"裁量基准运动"在实践中开展得如火如荼,理论研究也日渐深入,在防止裁量滥用、构建裁量治理模式方面确实起到了很大的作用。但是,裁量基准能否在实践中真正发挥自己应有的作用和效能,在很大程度上还取决于其制定过程中能否合理地考量各种技术因素。因此,将客观的技术标准植入主观的裁量过程,对影响裁量基准制定的因素予以量化,规划研究它们对于合理估量裁量因素的正义层级,以求改进裁量基准制定技术、保证个案正义将大有裨益。     

反腐的关键:规制行政裁量权

行政裁量权由于其可能导致肆意和专断,因而成为腐败的重灾区。因此,反腐的关键在于规制行政裁量权,保证行政裁量权在法治的轨道上运行。行政裁量权的规制属于复合规制模式,包括立法规制、行政规制、司法规制以及权利规制四种规制路径。然而规制模式有其内在的局限性,公众参与作为民主理论在行政过程的投射,其所具有的民意表达、利益协商、程序正义等功能和优势,可以实现对行政裁量权的有效规制。建立起公众参与的配套制度,并完善公众参与的程序设计,可以实现对行政裁量权的有效规制,促进反腐倡廉建设的健康发展。     

Everyday Fixers as Local Heroes: A Case Study of Vital Interaction in Urban Governance

This article exemplifies the importance of viable coalitions in processes of neighbourhood development and local governance. Elaborating on the notion of the ‘everyday maker’, discovered in Danish local politics by Bang and Sörensen, this article further explores the characteristics and conditions of organising capacity, using the case of the Neighbourhood Development Corporation in the Dutch city of The Hague as a paradigmatic case. This case shows that individual actors, ‘everyday fixers’ or ‘local heroes’, can make a real difference in local politics if they are well connected to a supportive structure and if they are sensitive to the logic of the situation at hand. Context matters, sometimes impedes, but smart individuals can also make it work.     

How Online Platform Work on Perceived Risk of Online Financial Products

Prior literatures about online financial products have neglected the platform element and the research has been done from the perspective of the consumers. Since both consumers and lending platforms are important elements in research of perceived risk, this paper attempts to connect consumers and the Internet platforms with P2P lending platform as the subject under the framework of perceived risk theory and tests the effect of P2P platform on perceived risk and the moderating effect of consumers on the relationship between them. Results different from the study of the traditionally perceived risk show that credibility has significant positive effect on privacy risk and functional risk. Convenience affects the perceived risk and financial risk positively. Practicability affects the perceived risk, psychological risk and social risk positively. Age has significantly negative moderating effect on the relationship of the Internet and the perceived risk among the female samples. Finally, marketing strategies are proposed for the P2P lending platform based on the results above.     

民事诉讼处分原则重述

处分原则是民事诉讼中的一项基本原则。但长期以来 ,学界对处分原则一直存在着误识。这些误识源于原苏联的民事诉讼国家干预理论和传统的审判理念。对处分原则的误识导致了我们在民事诉讼中对当事人处分权行使限制的扩大化。从民事诉讼的特性和民事纠纷的性质来看 ,这些限制都是不妥当的。本文认为 ,应当重新认识处分原则 ,真正理解和贯彻处分原则。只有这样才能使我国民事诉讼体制的建构和运行符合民事诉讼的规律。