论牵连犯的处罚

司法实践中 ,牵连犯的认定和处罚涉及犯罪停止形态的变化、追诉时效的中断、新旧刑法交替等因素 ,应立足于相关立法及现有理论成果予以完善。     

封堵“高考移民”事件的行政法思考

“高考移民”现象由来已久 ,引发许多社会问题。2 0 0 3年高考前夕 ,各地纷纷出台封堵“高考移民”的政策 ,造成很大社会影响 ,社会各界人士发表的看法仅从教育政策的视角出发。应契合建设法治国家的需要出发 ,从行政法角度对这一问题进行深层法理思考 ,并探讨此次事件所揭示出的我国行政法治上存在的诸多问题。     

军事法:法学与军事学冲突之解决与建构--兼与杨韧、李剑同志商榷

军事法既然属于法律范畴,就具有法的基本特征,其构成必须具有法的要素,同时也应体现法的主要价值追求.军事法学属于法学的一个分支学科,应遵循法学的研究规律和研究范式.同时,法治是军队正规化建设的核心内容、基本标志和根本保障,军事需要与法治是可以相融的.     

基层党组织标准化建设:逻辑理路、原则导向与实践方案

基层党组织作为党的组织末端,其标准化的实现程度与功能发挥,直接关系到党执政能力的强弱,影响着党在基层社会的权威与地位。基层党组织标准化建设,既是党的建设历史发展的必然选择,也是党的建设理论创新的内在要求,更是党的建设实践探索的客观需要,是历史逻辑、理论逻辑与实践逻辑三者的有机统一。基层党组织标准化建设应坚持以科学统筹与分类指导相结合、客观规范与可行实用相结合、典型引路与制度创新相结合、自我提升与考核监督相结合的原则导向。基层党组织标准化建设要紧紧围绕党的组织体系、领导班子、教育管理、组织生活、工作载体、基本保障的实践方案展开,从而以党的建设引领基层治理体系的完善和治理能力的提升,为新时代中国特色社会主义事业提供坚强的政治保证和组织保障。     

中国地方政府创新的类型学:基于"控制-嵌入-规范"框架的分析

府际结构、政社关系与行政文化是理解地方政府创新的关键变量,并构成了地方政府创新的"控制-嵌入-规范"框架。基于此框架,区分了三种典型的地方政府创新模式:中央主导型创新、地方回应型创新和地方自发型创新,并对三种地方政府创新的特征、优势及局限等进行了对比。创新类型的差异实则是地方政府创新核心机制和关键变量的区别。分析表明,控制、嵌入和规范机制对地方政府创新的内在逻辑有较强的解释力。而该类型学划分在理论上部分回应了当前有关中国地方治理模式的讨论,在经验上为进一步通过地方政府创新推动地方治理现代化提供了参考。     

Regulation and its discontents: the Indian judiciary and higher education

The role of the judiciary in strengthening regulatory regimes is well regarded. In developing countries where regulatory bodies are captive to powerful interest groups, the judiciary is regarded for its activist role in providing participatory access to groups excluded from the policy process. In contrast, this paper draws attention to the limits of the judiciary as a gatekeeper of regulatory governance. Using the case of regulation in India’s tertiary education sector, it shows how the judiciary’s track record of enabling elite actors to influence policy, often at the cost of legislative mandates, can undermine regulation.     

Perception of corruption by traffic police and taxi drivers in Bukavu DR Congo: the limits of moral analysis

ABSTRACT

This study explores how traffic police, taxi drivers and anticorruption agencies each perceive corruption in Bukavu in the Democratic Republic of the Congo. Thirteen traffic police officers were interviewed, three focus groups of four to five taxi drivers were conducted, and two members of anti-corruption agencies were interviewed. Findings suggest that while western NGOs and anti-corruption agencies consider corruption immoral and a major barrier to development, both the traffic police and taxi drivers perceive it as a normal expression of solidarity and a sine qua non condition for survival. For them, corruption is a system that provides job security, greater access to food, accommodation, healthcare and education in the dysfunctional and failed Congolese State. This suggests that framing corruption in the transport sector of Bukavu solely as a moral issue and seeking to eliminate it without establishing a new system that effectively meets the needs of the population may result in more serious social problems than the corruption itself.     

The Italian Welfare State in the Crisis: Learning to Adjust?

Abstract

After a decade of inertia, that left it unprepared to withstand the blow of the great recession, the Italian welfare state has witnessed significant changes since 2012. Externally driven consolidation in the wake of the sovereign debt crisis spurred yet another wave of social policy reforms after that of the 1990s. These reforms did not however invariably entail retrenchment. Both the Monti and the Renzi governments combined liberalisation with expansion of social rights, particularly in income support. As a result, the Italian welfare state looks more comprehensive than it was before the crisis. At the same time, there was no overall strategy of welfare modernisation based on coordinated social investment measures. The changes in Italian social policy since the outburst of the great recession highlight the importance of domestic politics interacting with external drivers of change. They also facilitate an assessment of the opportunity structures for further reforms in a political system that appears to be veering again towards consensus democracy.     

Precarious Elderly Workers in Post-Industrial South Korea

This article examines how the combination of immature welfare state and expansion of the service economy, in particular, contributes to the precariousness of the elderly labour market in South Korea where nearly half of the elderly live below the poverty line. It completes an empirical analysis of how elderly workers in Korea are participating in the labour market and examines their situation using a conceptualisation of “precariousness.” It is explained how the elderly in an immature welfare state are pushed into bad jobs resulting in a large number of precarious “elderly workers” in an economically advanced country. Results of the statistical analysis suggest that, due to severe precariousness, the Korean elderly are unable to escape from poverty even though they work. Also, gender segregation of precariousness in the service industry has been exacerbated in the elderly labour market. Structural change such as the rapid transition to a service-oriented economy has a greater impact on elderly women than middle aged or elderly men because elderly women tend to have lower skill levels and shorter careers, mainly entering service occupations where the bad jobs are concentrated.     

Tensions between congress and the executive in nineteenth-century Argentina: federal intervention and separation of powers

SUMMARY

This article analyses the debates that took place in the Congress of Argentina between the enactment of the constitution in 1853 and the end of the century, regarding the powers of the executive and legislative branches for intervening in the provinces in case of internal conflict or external attack. It focuses on the controversies arising from different bills submitted to congress in order to enact a general intervention act to resolve, once and for all, the powers of each branch in that matter. Although those bills did not pass, a study of them shows the existing disagreements about the operation of the federal system and the separation of powers. Some of the differences were linked to the discussion of American constitutional doctrine in which Argentina had been engaged since the mid nineteenth century in order to solve the dilemmas of organizing its political institutions. This article claims that this analysis contributes to ongoing debates on the roots of political conflict in Argentina by showing the importance of institutional controversies, and argues that it is necessary to address the role of congress and of doctrinal dissent in order to revise the role that historiography has given to the disputes over power as an overall explanation for political confrontations.