当代刑法溯及力原则的考察--试对新刑法第12条理论重构

刑法的溯及力的出发点和归宿是人权保障 ,是相对罪刑法定精神的体现。肯定我国刑法从旧兼从轻的溯及力原则的基础上 ,引入外国立法例阐释溯及力与既判力的关系 ,进一步完善我国刑法溯及力的立法。     

Repositioning urban bias: Non-state providers' use of spatialised networks in Bangladesh

Urban bias theory predicts urban areas of developing countries receive disproportionately more resources than rural areas due to their concentration of numerically large, politically important “vote banks.” This has not been the case in Bangladesh. This study finds that this variation occurs due to non-state providers (NSPs) changing the landscape of resource allocation. Operating on the premise that state control leads to more services in urban areas, urban bias fails to account for NSPs as critical service providers. Employing a grounded theory strategy to explore urban-rural dynamics in service provision and to build on urban bias theory, this research highlights interactions between state and non-state actors. It argues that spatialized political networks, networks of formal and informal leadership more difficult to access in urban areas, influence the locality of service provision. Though NSPs recognize increased need in urban areas of Bangladesh, their interventions in those areas remain peripheral due to differing structures of government accountability and differing levels of community acceptance facilitating these networks. The need for NSPs to adapt their activities to restrictive governance mechanisms reflects the changing space for NSPs in the context of semi-democratic regimes.     

Reforming Indian agriculture and the rise of farmer's protest in India: Tracing the discourse and the way ahead

The Indian government unveiled new farm legislation on September 27, 2020, with the goal of empowering the farming community. According to the government, new farm regulations will reduce the reliance of indigenous farmers on the mandi (market yard) system, which is now in place and is quite exploitative and full of middlemen and legal cartels. The regulations made contract farming lawful with the intention of luring private sector investment in bolstering agricultural supply chains and infrastructure to give farmers better pricing. But these rules are referred to as repressive and anti-farmer by the farming community. Farmers believe that eliminating the mandi system will eliminate the minimum support price (MSP) mechanism and that contract farming will ultimately be damaging, enticing major corporations and private investors to bind them to unfair contracts that will result in exploitation. Farmers' demonstrations have begun as a result in the former territory of the green revolution. In order to determine if the new farm regulations introduced by the central government are indeed beneficial to the rural community or not, the article followed the debate among many academics, policy makers, economists, researchers, stakeholders, and politicians (the government's spokesman). The article's main focus is on analysing the farmers' demand for the new farm rules to be repealed and the economic justification for their opposition. Additionally, it contends that new farm rules will encourage capitalistic farming and endanger the viability of farming communities, particularly small and marginal farms (S&M).     

An empirical investigation of determinants of corporate social performance using multi-dimensional panel data analysis

An assessment of the determinants of corporate social performance (CSP) in emerging economies is still too fractured. This article contributes to general management literature by developing an empirical model based on the existing theoretical models rooted in neo-institutional theory (legitimacy approach), stakeholders management theory, agency theory, the resource-based view of the firm, slack resources argument, and managerial control theory. A robust, multidimensional, unweighted disclosure index was used to measure CSP. This article provides a methodologically and empirically more rigorous assessment of determinants of CSP compared to previous studies by performing panel data regression analysis on 307 firms for 10 years. The results reveal that the presence of a legal framework, board attributes (board size, board diversity, board interlocking), women on board, ownership pattern, financial performance, firm attributes (size, age, leverage), and industry characteristics affect CSP significantly. These findings provide very important clues to design pragmatic strategies to improve CSP.     

Political ideology and nuclear energy: Perception,proximity, and trust

Political ideology is an increasingly powerful force in support of public policy. Historically, nuclear energy has found more support among political conservatives. This study updates the literature on political ideology and support for nuclear energy by examining how political ideology is associated with perceptions of nuclear energy and trust of nuclear information sources. After excluding participants with incomplete data, and participants within 50 miles of a nuclear reactor, the analytical sample size for the analysis examining political ideology and perceptions of nuclear energy was 4153. The analytical sample includes a total of 1035 participants within a 50-mile radius of INL, 710 participants from within Idaho who lived further than 50 miles from INL, 1899 participants from other states (more than 50 miles from a nuclear reactor), and 509 Non-Idaho participants living within 50 miles of a nuclear reactor. Logistic regression was used to determine how political ideology was associated with perceptions of nuclear energy and trust in different sources regarding radioactive waste, after controlling for demographics and location. While liberal participants near INL were less favorable towards nuclear energy, and more trusting in impact scientists to tell the truth about radioactive waste than their conservative counterparts, this was not consistent across the US. Our findings reveal the complexity of political ideology and the perceptions of nuclear issues and how proximity influences perceptions. The perceptions of political moderates were particularly important in providing a more complex understanding of political ideology and nuclear energy issues.     

Doing more among institutional boundaries: Platform-enabled government in China

The concept of Government as a Platform (GaaP) has recently encountered setbacks in practice worldwide. While existing literature on inter-governmental collaboration has emphasized organizational restructuring and data sharing, this study argues that a pragmatic way to improve administrative efficiency in the absence of formal institutional change is to adopt an alternative model to GaaP: platform-enabled government. Enabled by innovations of the middle-tier platform, this new model of platform governance integrates the functions of distributed systems of multiple departments into a sequential workflow without the requirement of institutional reform or sharing proprietary data. To demonstrate how this model facilitates information flow across institutional boundaries and improves collaborative governance, we analyze horizontal, vertical, and public-private collaboration using a diverse case study design. We examine administrative review, law enforcement, and contact tracing during the pandemic in the context of China. Our findings suggest accommodating institutional boundaries is a practical and effective approach to advance the digital government agenda in decentralized contexts.     

How governance boundaries affect regional collaboration on atmospheric governance—Evidence from China's Yangtze River Delta

Regional public affairs will become more complex when contradictions emerge between administrative boundaries and policy issues that require cross-boundary collaboration. Breaking administrative boundaries has become a prerequisite for facilitating inter-local government collaboration. This study categorizes governance boundaries into the administrative boundary and the ecology-based policy boundary and then examines how these two governance boundaries and their interactive relationship contribute to the intergovernmental collaboration network in China's regional atmospheric governance (RAG). Using data on the atmospheric governance collaboration from 30 cities in the Yangtze River Delta region from 2013 to 2018, we employ the MR-QAP model to find that cities within the same administrative boundary are more likely to collaborate and cities within the ecology-based policy boundary, compared with those beyond, are more likely to collaborate but with a lagging effect. Ecology-based policy boundary has a positive but lagging moderating effect on the contribution of the administrative boundary to the formation of intergovernmental collaboration networks.     

科学发展观的指导与新经济改革理论的发展

新经济改革理论即完善社会主义市场经济体制新阶段的改革理论,其在科学发展观的指导下形成,在科学发展观的指导下深化,在科学发展观的指导下提升。其基本内容在党的十六届三中全会《决定》、十七大《报告》和胡锦涛总书记“12·18”《讲话》三篇重要文献中,前后衔接,相互贯通,连成了一条以科学发展观为指导的新经济改革理论的演进轨迹。     

论联合国大陆架界限委员会在外大陆架划界中的作用——兼谈中国及周边国家的外大陆架申请

《海洋法公约》关于外大陆架申请期限的规定,导致大批国家近期向联合国大陆架界限委员会提出了申请。大陆架界限委员会的主要职能是在审议沿海国提交的划界案的基础上,就有关划定外大陆架外部界限的事项向沿海国提出建议。大陆架划界委员会所做出的建议既非一个司法式的判决,又非一个纯粹的参考意见。沿海国基于委员会的建议而划定的外大陆架外部界限具有"确定性和拘束力"。在当前的情势下,中国在掌握充分的科学技术数据编写好我们自己的外大陆架划界申请案的同时,还应注意妥善处理与日本、菲律宾、越南等周边一些国家之间的相关争端,以更好地维护我国的主权和国家利益。     

俄国近代自由主义的历史变迁与影响探析

俄国自由主义是俄国对西方的感应和国内的变迁共同作用的混合产物,它是以欧洲自由主义的变异形态即＂不充分的自由主义＂存在并发挥作用的。从短时段看,俄国近代自由主义随着1918年立宪会议被解散而走向终结;但从长时段看,自由主义作为俄国近代化的产物,它随着俄国近代化的向前发展而逐渐融入俄国社会,成为俄国近代以来政治文化传统的重要组成部分。