论行政允诺诉讼的审查规则——以行政允诺的性质为视角

行政允诺是现代积极行政背景下的新兴产物,具有给付行政和柔性行政双重属性。然而,立法的缺失以及理论研究的滞后,导致当前司法实践中行政允诺诉讼的审查规则有失科学性和合理性。完善行政允诺诉讼的审查规则应当逐步健全法制、改善司法实践、建立有效的行政内部监督机制。     

The fascist who would be king: Count Geoffrey Potocki de Montalk

ABSTRACT

Macklin and Fowlie explore the political life of Count Potocki de Montalk, a poet, pagan and pretender to the Polish throne. Count Potocki is perhaps most famous as a minor cause célèbre among London’s literary intelligentsia after his imprisonment for obscene libel in 1932. Historians, when they consider him at all, often discount him, viewing him as little more than a colourful eccentric, a view reinforced by Stephanie de Montalk’s fascinating biography of the man, which appeared in 2001. Eccentric he most certainly was. However, as this article demonstrates, Potocki also played a key role as an enabler of fascist and extreme right-wing activism through the services he provided myriad groups as a printer of their literature, a career that spanned the interwar and post-war periods. The article examines how his preposterous pursuit of the Polish Crown, coupled with the innate elitism this engendered, led him to reject egalitarianism and democracy and embrace fascism. While the Spanish Civil War saw an outpouring of literature from his literary contemporaries in support of the Spanish Republic, Potocki responded by establishing The Right Review as a mouthpiece for his own personal mélange of monarchism and fascism. Utilizing newly released security service files combined with archival research in the newly deposited Searchlight archive at Northampton University, this article pays closer attention to the political side of Potocki’s activities than has hitherto been the case, particularly his wartime publishing activities. This includes his anti-Soviet pamphlet on the Katyn massacre, which caused great vexation in government circles for fear of the harm Potocki’s (correct) accusations might do to relations with Britain’s crucial wartime ally. The authors conclude with a detailed examination of the role Potocki played in post-war National Socialist networks, for both personal and political ends, not least of which was his continued efforts to further his claim to the Polish throne, which he never ceased to believe was his by divine right.     

An unusual case of identification by DNA analysis of siblings

A badly decomposed body required identification by means of DNA analysis. A brother and sister of the deceased were available as reference subjects. Although investigation of Y-chromosomal markers established an exclusion condition, autosomal markers suggested a positive identification. In order to increase the reliability of the tests, X-chromosomal markers were also investigated. This analysis showed the body to have an XXY genotype (Klinefelter's syndrome). A number of hypotheses were assessed using biostatistical methods, ultimately resulting in a definite identification. The special aspect of Klinefelter's syndrome proved highly useful for biostatistical analysis.     

中国对菲律宾文学研究述评

自近代以来,中国的菲律宾文学研究可分为三个时期:早期是中国有选择性地翻译、简介菲律宾文学名家名作;中期是菲律宾华文报刊与中国的报刊共同关注"菲华文学";后期是对菲律宾文学特别是菲华文学进行系统研究。研究内容包括对菲律宾文学的总体性介绍;对菲华文学的宏观论述;对菲华文学与中国文文学学关系之探究等。随着时间的迁移,研究逐步细化,取得成绩的同时也出现了问题。比如研究整体上重"华文"文学而轻"非华文"文学等。     

面向司法审查的行政行为说明理由——郴州饭垄堆矿业有限公司与国土资源部等国土资源行政复议决定再审案评析

郴州饭垄堆矿业有限公司与国土资源部等国土资源行政复议决定再审案争点之一是行政行为说明理由。在司法审查中,对于涉及专业性判断理由的审查,法院应当保持对行政必要的尊重。将“程序过程审查”作为一种司法审查的方式导入本案,使得法院审查更具有针对性,审查方法也呈多元化。对于行政行为不说明理由的,可以认定为适用法律、法规错误。     

最高人民法院在合宪性审查中的现状、困境与出路——兼对我国《立法法》第99条第1款解释

我国《立法法》预设了最高人民法院提请全国人大常委会进行合宪性审查的路径。从现有裁判文书来看,最高人民法院在实践中并未遵循我国《立法法》所预设的路径,而是在绝大多数案件中回避了合宪性审查诉求,同时又在个别案件中进行了合宪性审查,陷入了完全回避与直接审查的两难困境。造成这种困境的原因在于,我国《立法法》对最高人民法院在合宪性审查中的权力基础、权力行使程序缺乏清晰的规定。对此,亟待通过法律解释进行明确和细化,否则最高人民法院将无章可循,无法贸然提请全国人大常委会进行合宪性审查。为了化解最高人民法院面对的这一困境,有必要对我国《立法法》第99条第1款进行解释,推导出该条款在授予最高人民法院提请审查权时,还隐含着另一项未被释明的权力即预审权,其共同构成最高人民法院在合宪性审查中的权力基础;同时,为了使预审权与提请审查权的行使制度化,有必要对其行使程序进行细化,建立起预审-提请审查机制。     

Confidence in an election authority and satisfaction with democracy: Evidence from a quasi-natural experiment of a failed election in Sweden

Contemporary research on electoral integrity has focused on the functioning, evaluation, and legitimacy of electoral processes in emerging democracies. By contrast, this study investigates whether a failed election in a well-established democracy can affect individuals' evaluations of the electoral management body, the Election Authority, and whether those evaluations affect satisfaction with democracy. Using the case of a Swedish regional election in 2010 that had to be rerun due to procedural mistakes in the vote handling, we found that, in the short term, individuals’ confidence in the Election Authority was reduced after it was announced that the election had to be rerun because of the mistakes. Subsequently, this decreased confidence was strongly associated with less satisfaction with democracy at the regional and national level. As good news for the authority, after a successful rerun election, confidence rebounded to the levels prior to the failed election.     

国外非营利组织法人治理研究进展

非营利组织作为一种与企业法人类似的法人形式,从公司治理的角度研究非营利组织法人治理问题越来越引起学界的重视。本文主要对国外公司治理视角下非营利组织法人治理问题从静态的治理结构和动态的治理机制两方面的最新研究进展进行系统综述,探讨对研究我国非营利组织法人治理问题的借鉴和启示。     

广泛软组织挫伤--挤压综合征

本文通过回顾国内外医学文献,对广泛性软组织挫伤--挤压综合征的研究现状和取得的成就进行了介绍,并对其今后的发展趋势进行了探讨.     

From Rhetoric to Blueprint: The Moran Review as a Concerted,Comprehensive and Emergent Strategy for Public Service Reform

On 3 September 2009, Prime Minister Rudd announced a six‐month Review of Australian Government Administration. He appointed an Advisory Group chaired by Terry Moran, Secretary of the Department of Prime Minister and Cabinet, to prepare a discussion paper, oversee a benchmarking study and consultations, and craft a blueprint to reform the Australian Public Service (APS) in order to deal with future governance challenges. The vision is to develop a forward‐looking, innovative, collaborative, citizen‐focused, agile, informed and highly‐skilled APS to advise and deliver policy and services for government. Ahead of the Game, a comprehensive Blueprint for action, was released on 29 March 2010. This article provides a high‐level review of motivations and process for the Moran Review, an overview of the Blueprint, an assessment of the strategy and process, and suggestions for moving forward on selected issues.