农村基层组织人员职务犯罪立法及法律适用问题研究

文章通过对本辖区农村基层组织人员职务犯罪情况进行调查和对相关立法的学习与思考。笔者认为,在立法上,构成农村基层组织人员犯罪的主体还不够明确,某些本应构成犯罪的行为也未在立法上规定为犯罪;在法律适用方面,对于农村基层组织人员职务犯罪的量刑普遍存在着轻刑化等问题进行了探讨。     

Outside and inside competition for international organizations—from analysis to innovations

The analysis of the competitive environment of international organizations has been neglected in scholarly research. Both the external and the internal type of competition in international organizations are rather weak and their performance is far from ideal. To strengthen both types of competition, several tentative proposals are advanced. They range from the introduction of an international competition agency, competition rules, a monitoring institute, voucher systems, matching contributions, popular participation rights by citizens to the use of prediction markets and institutionalized devil’s advocates. These proposals are put forward to stimulate discussion and to advance new ideas about the design of international organizations.

Trust in international organizations: An empirical investigation focusing on the United Nations

The literature on social capital has strongly increased in the last two decades, but there still is a lack of substantial empirical evidence about the determinants of international trust. This empirical study analyzes a cross-section of individuals, using micro-data from the World Values Survey, covering 38 countries, to investigate trust in international organizations, specifically in the United Nations. In line with previous studies on international trust we find that political trust matters. We also find that social trust is relevant, but contrary to previous studies the results are less robust. Moreover, the paper goes beyond previous studies investigating also the impact of geographic identification, corruption and globalization. We find that a higher level of (perceived) corruption reduces the trust in the UN in developed countries, but increases trust in developing and transition countries. A stronger identification with the world as a whole also leads to a higher trust in the UN and a stronger capacity to act globally in economic and political environment increases trust in the UN.

A Broad Alliance of Civil Society Organizations on Climate Change Mitigation: Political Strength or Legitimizing Support?

One hundred and one very different organizations joined together prior to the election for the Norwegian parliament in 2013 in order to make climate change mitigation the most important issue in the election campaign. The alliance (CE2013) agreed on six political demands relating to mitigation. In this article, we categorize the 101 organizations and discuss their identity and objectives according to these demands. The analysis demonstrates that even though a broad variety of organizations joined the campaign, their commitment was rather weak. Few of the organizations justify their involvement in CE2013 by all six political demands, hence demonstrating that climate change mitigation is a valence issue.     

The Economic Leverage of International Organizations in Interstate Disputes

Addressing a long-standing debate in international relations scholarship, this study shows that international governmental organizations (IGOs) with high economic leverage over their member states, such as some development banks, substantially lower the risk that political disputes experience the use of military force. Empirical tests covering cases of disputatious claims and international crises since 1946 make use of a new classification of IGOs that have economic leverage and use it toward increasing states’ cost of using force in disputes. When pairs of states are subject to the economic leverage of IGOs, they are substantially less likely to use force. For the understanding and practice of interstate dispute resolution and international conflict more generally, the study suggests a specific linkage between institutionalized economic interdependence and conflict escalation.     

The Al Qaeda Brand: The Strategic Use of the “Terrorist” Label

Al Qaeda leaders have consistently praised the Chechen insurgents as an exemplary front of global jihad. Ayman al-Zawahiri recently applauded the steadfastness of the Chechen rebels and indicated that their resolve for jihad is worthy of emulation. Ever since the world found out about a war going on in the Muslim republic in the North Caucasus, Al Qaeda leadership has attempted to represent the Chechen struggle as one of its own battlefields. In turn, the Russian government has tried to justify its policies in the North Caucasus through demonstrating to the world that the Kremlin is fighting nothing less than Osama bin Laden’s agents in Chechnya. The North Caucasus insurgents in turn have embraced some of Al Qaeda’s narratives. While such narratives have proliferated, the factual evidence to show the direct links between the North Caucasus insurgents and Al Qaeda is still lacking. The article examines how terrorist groups such as Al Qaeda use framing for strategic ends. The evidence discussed here suggests that Al Qaeda, the North Caucasus insurgents, and the Russian government have adopted similar narratives. However, the lack of evidence to back up such narratives indicates the differences in reasons driving the convergence of the narratives.     

Transnational advocacy networks in global supply chains: a study of civil society organizations’ sugar movements in Cambodia

As a contribution to the growing literature on transnational advocacy networks (TANs) in the global production networks, this article examines how civil society organizations (CSOs), which have adopted the TAN approach, influence the sugar industry in Cambodia. Due to ineffective domestic influencing strategies, the CSOs adopted the TAN approach and escalated to an international supply chain movement approach (ISCMA) aiming to influence international stakeholders at each stage of the sugar supply chain in order to leverage boomerang pressure on the sugar producing companies and the Government of Cambodia. Despite its resourceful networking strategies, the ISCMA failed to leverage significant influence on the sugar companies and the government to achieve its demands. The failure was not due to weak networks, but was in part due to the political nexus between the government and the sugar companies. This article suggests that to ensure the effectiveness of CSOs’ actions within the TAN framework in the global production networks, one should take into account the power of the government in relation to local politico-commercial elites.     

The Influences of Perceived Managerial Discretion and Risk-Taking Behavior on Government Organizational Performance

Purpose: This study investigates pertinent factors in perceived managerial discretion (PMD) in association with risk-taking behavior (RTB) and organizational performance within government organizations. Design/methodology/approach: This study used a mix of qualitative methods—using focus group discussions (FGDs) to select key variables affecting PMD and to validate the research findings—and quantitative methods—using structural equation modeling (SEM) to test eight hypotheses developed from FGDs and from a literature review. Out of 340 questionnaires sent out to potential participants, 260 were returned and deemed valid for SEM analysis, reflecting a satisfactory response rate of 76%. Findings: A total of six factors affecting PMD were identified: quasi-legal constraint (QLC), powerful outside forces (POFs), inertial forces (IFs), powerful inside forces (PIFs), power base (PB), and political acumen (PA). The SEM analysis indicated that QLC, PIF, PB, and PA enhance PMD, while IF tends to inhibit PMD. Stronger PMD was associated with weaker RTB on the part of government-official decision makers, while greater RTB was associated with more positive organizational outcomes. These findings are partially consistent with prior findings, with some notable contradictions. Research implications/limitations: The primary limitation of this study was its limited external validity, as these findings can only be extended to organizations with similar characteristics of those of the government institution used as the case study. These findings must be used with care for different types of public organizations. Practical implications: These findings support taking the following steps: (1) review and remove equivocal regulations that could restrain PMD, (2) streamline bureaucracy, (3) establish regulations that allow more space for innovation and discretion, (4) delineate the tasks and responsibilities of decision makers, and (5) discourage abrupt policy changes, promoting proper scrutiny and notice.     

Government co-option of civil society: exploring the AKP’s role within Turkish women’s CSOs

Mainstream academic and policy literature emphasizes the nexus between an active and vibrant civil society sector and greater political accountability. As a result, support for civil society has become central to international policy efforts to strengthen democracy in the Middle East North Africa (MENA) region. However, the empirical evidence presented in this article questions the validity of this assumption. Drawing on information gathered through 38 in-depth qualitative interviews with women’s organizations from across the seven administrative regions of Turkey, and key representatives from the ruling Justice and Development Party (AKP), this article analyses the role of the AKP government in co-opting and influencing women’s organizations in Turkey. The results that emerge demonstrate that the government is actively involved in fashioning a civil society sector that advances their interests and consolidates their power. Independent women’s organizations report that they are becoming increasingly excluded from policy and legislative discussions, as seemingly civic organizations are supported and often created by the government to replace them. These organizations function to disseminate government ideas in society and to provide a cloak of democratic legitimacy to policy decisions. These findings and their implications have significant consequences for theory and policy on civil society and its role in supporting democracy.     

Why International Organizations Should Bring Basic Needs Back in

An important milestone in the development debate is the recognition of poverty as a multidimensional phenomenon via the capabilities approach. However, a challenge remains in that many governments in less-developed countries continue to avoid prioritizing issues of absolute deprivation. This paper demonstrates how and why existing efforts to operationalize capabilities may distract policy makers from giving sufficient weight to issues of basic survival. We propose that international organizations can address this challenge through a method of triangulation: (1) identify how countries rank on universal goals of human development; (2) identify how countries rank on universal goals of basic needs provision; and (3) promote participatory poverty assessments. This approach ensures that absolute deprivation issues are addressed, and it establishes an acceptable (and necessary) balance between standardization and local complexity.