唐律的使用及《律疏》体制内外“法例”的运作

《律疏》在唐代的使用,有可靠的历史记载与文献证实;有关史书上的案例与《律疏》不符,是因有《刑部格》、议请制度与制敕断罪的影响;《律疏》以《刑统》的形式实际行用于宋代;唐代在《律疏》体制内外都有法例。在不同的法例之间,按照其位阶及性质,相互间可以发生取代、依准、类举、比附及补充等关系,以适应社会法律生活的需求。《律疏》的法律环境抑制了"判例"的产生与推广。     

桂林国际旅游胜地建设的“五美”初探

在打造桂林国际旅游胜地的过程中,必须坚持科学发展的精神美、深化改革开放的制度美、培育低碳绿色的生态美、推进产业融合的现代美、扩大开放合作的形象美     

EXPECTATIONS AND CAPACITY OF PERFORMANCE MEASUREMENT IN NGOs IN THE DEVELOPMENT CONTEXT

There are many obstacles to promoting learning as an outcome of performance measurement in non‐governmental organizations (NGO) social service providers, especially in less developed countries. Building upon a conceptualization of accountability as a multifaceted set of relationships through which funders, or principals, and non‐profit providers, or agents, jointly shape organizational learning, and performance, this study expands our understanding of how accountability mechanisms affect learning within service providers. This paper explores the role that funders play in shaping performance measurement, or monitoring, practices within NGOs serving disadvantaged children in developing countries. We examined the experience of service providers in Egypt and Colombia to assess how the barriers to use of performance data and learning may be addressed. We conducted interviews using the same protocols with program managers in six non‐profit providers in each country that provide services to children, and we also interviewed major donors in the arena of children's services in the USA. We probed the NGO managers' experiences with performance measurement to identify obstacles and potential solutions to improve the use of the data to promote learning. Our findings support previous research about the potential for upward accountability mechanisms to influence internal learning. We suggest that funders should be held accountable for how the incentives and disincentives they provide to grantees affect their internal learning about how to improve their services. This notion of ‘reverse accountability’ means that funders need to be strategic and intentional when they design reporting mechanisms that affect the learning behaviours within their grantees. In line with our call for reverse accountability, we offer a model demonstrating our notion of the two‐way flow of accountability and we offer recommendations to help improve the performance reporting environment for NGOs who are addressing complex problems with less than adequate capacity. Copyright © 2012 John Wiley & Sons, Ltd.     

From developmental to regulatory state? Japan's new financial regulatory system

Abstract

Recent financial reforms in Japan and elsewhere in Asia represent, for various authors, a fundamental shift in financial governance and in state–business relations in the region. The old ‘developmental’ state in East Asia has supposedly made way for a neoliberal ‘regulatory’ state, with its emphases on agency independence and the non-discretionary enforcement of rules. I show in this paper that this interpretation exaggerates the extent of the transformation in the important case of Japan. Although the outward institutional forms of economic governance in Japan, as with many Asian developing countries, has changed dramatically since the mid-1990s, discretion still remains at the core of economic and financial policy. In the area of Japanese banking regulation and supervision, I show how this highly discretionary application and enforcement has been consistent with domestic political pressures. The result is a substantial divergence between superficial convergence upon international regulatory standards and underlying behaviour. I also give reasons why globalization does not mean that this hybrid regulatory model is unsustainable.     

Democratization,regional integration,and human rights: the case of the ASEAN intergovernmental commission on human rights

Abstract

In the post‐Cold War era, the Association of Southeast Asian Nations (ASEAN) has attempted to maintain and enhance its institutional status in the Asia‐Pacific by increasing its membership and range of activities. ASEAN has tried to assume significant responsibilities for regional security and economic relations through initiatives like the ASEAN Regional Forum (ARF) and the ASEAN Free Trade Area (AFTA) and by demanding a major role in the Asia‐Pacific Economic Cooperation (APEC) forum. This paper critically evaluates ASEAN's attempts at institutional expansion. It argues that ASEAN lacks the political, economic and military resources necessary to play the dominant role that it envisions for itself within the Asia‐Pacific. Its attempts to increase its diplomatic weight by increasing its membership actually have the potential to undermine ASEAN's unity as well as its standing in the world community. The East Asian economic crisis is largely exacerbating ASEAN's inherent weaknesses. If ASEAN is to remain relevant in the twenty‐first century its members need to modify their expectations of the level of international influence that ASEAN can afford them. They must also use ASEAN to directly address issues of dispute between member states. There is little evidence that ASEAN's members are prepared to reform the organization in this way. Therefore, ASEAN is likely to lose its pre‐eminent regional status to other institutions, and may even fade into irrelevance, in the next century.     

The Nouvelle Philosophie and Foucault

The first part of the paper gives an account of some of the intellectual and political background to the characteristic positions of the Nouvelle Philosophie, and details the presentation of these positions in the work of André Glucksmann. The important influence of Foucault on the Nouvelle Philosophie is then discussed. Foucault's interpretation of his own earlier work and his present manner of posing the question of power are critically analysed, and found to be defective in a way which allows room for the exploitation of his results by the Nouvelle Philosophie. This partial convergence is illustrated by a comparison between Lardreau and Jambet's L'Ange and Foucault's recent discussions of sexuality. The paper concludes with a brief location of the Nouvelle Philosophie in the context of intellectual developments outside France.     

Values and Ethics of Global Civil Society Actors: Insights from a Survey and Content Analyses

Abstract

This study examines values, ethics and principles of conduct that underlie activities of global civil society organizations. It uses an international web-based survey, and a content analysis of the codes of conduct for exploring views of global civil society actors active on global issues and participating in global civil society events. The findings of this analysis highlight many similarities in the ways global civil society organizations of different forms and origins define their goals, values, ethical standards and responsibilities. The normative consensus discerned in this research is limited in scope, however. It revolves around a particular, liberal, view of civil society. The study discusses results of the survey and content analyses in light of the current debates on the nature of global civil society and its relation to the system of states and the global market.     

Continuity or Change?: Intervention and Statebuilding after Kosovo

ABSTRACT

The significance of Kosovo can only be understood by first situating the intervention in 1999 and the subsequent statebuilding process in a historical context. While there is a profound difference between 1999 and today, we should not conclude that this means the practice of humanitarian intervention has gone into decline as a result of waning western power. Decisions on intervention at that juncture, as indeed they are today. I conclude by arguing, however, that the theory and practice of statebuilding, has changed markedly since 1999; expectations as to the capacity of international administrations to transform post-conflict societies have declined markedly.     

行政瑕疵对环境犯罪的影响

作为环境犯罪前置性规范的行政可能存在瑕疵。行政瑕疵包括行政规范违法、行政处分违法以及行政规范欠缺三种情况。行政规范瑕疵分为行政法规违宪与行政命令违法。行政处分瑕疵可能导致行政处分无效以及行政处分可撤销两大类。行政存在瑕疵时,刑事法院是否有审查权、环境犯罪如何处理,外国的一些做法值得我们借鉴。我国在处理类似问题时应当区别具体行政行为与抽象行政行为。法院对规章及其以下的抽象行政行为以及具有重大明显违法情形的具体行政行为的适法性应当具有审查权。行政规范欠缺时环境犯罪的处理可以在立法技术上通过反面规定的形式加以解决。