略论行政违法的概念及其构成要件

行政违法是指行政主体及行政公务人员违反行政法律规范但尚未构成犯罪而应当承担行政责任的行政行为。其构成要件包括:主体为行政主体及行政公务人员,所侵害的是受行政法律规范所保护的行政关系,实施了违反行政法律规范的行为,实施行政违法行为时主观上有过错。探讨行政违法行为,对于追究行政主体及其公务人员的法律责任,推进依法行政、建设法治政府等具有重要意义。     

Clarity of responsibility and foreign policy performance voting

Do voters’ assessments of the government's foreign policy performance influence their vote intentions? Does the ‘clarity of responsibility’ in government moderate this relationship? Existing research on the United States demonstrates that the electorate's foreign policy evaluations influence voting behaviour. Whether a similar relationship exists across the advanced democracies in Europe remains understudied, as does the role of domestic political institutions that might generate responsibility diffusion and dampen the effect of foreign policy evaluations on vote choice. Using the attitudinal measures of performance from the 2011 Transatlantic Trends survey collected across 13 European countries, these questions are answered in this study through testing on incumbent vote the diffusion‐inducing effects of five key domestic factors frequently used in the foreign policy analysis literature. Multilevel regression analyses conclude that the electorate's ability to assign punishment decreases at higher levels of responsibility diffusion, allowing policy makers to circumvent the electoral costs of unpopular foreign policy. Specifically, coalition governments, semi‐presidential systems, ideological dispersion among the governing parties and the diverse allocation of the prime ministerial and foreign policy portfolios generate diffusion, dampening the negative effects of foreign policy disapproval on vote choice. This article contributes not only to the debate on the role of foreign policy in electoral politics, but also illustrates the consequential effects of domestic institutions on this relationship.     

英美刑法中的犯罪行为及其启示

英美刑法中犯罪行为的概念具有不同于大陆法系刑法中犯罪行为概念的特色。文章通过对英美刑法中犯罪行为概念的展开,分析了犯罪行为的地位及其与犯罪构成的关系,并且进行了分类介绍。人们应汲取英美刑法中犯罪行为理论的合理内核,将持有视为与作为和不作为并列的第三犯罪行为形式。     

Audit for Whom? Time to Review Roles of Independent Auditors in Hong Kong

The Hong Kong government has been reforming its laws regarding accounting practices in recent years, to pre-empt problems similar to that of Enron. It correctly recognizes an opportunity to enhance and distinguish the financial system in Hong Kong and create a competitive advantage for Hong Kong. The sixty-five billion dollar question is: what is the right approach for accounting practice reform? One obvious approach is to model reform after the Sarbanes Oxley Act (SOX). The SOX increases personal liabilities of senior management and introduces extremely cumbersome compliance processes (s 3 (b)(ix) of Minutes of Bills Committee of Financial Reporting Council Bill. (19 July 2005)). While this approach may be the right move for the United States, because rescuing investor confidence is paramount, a similar approach may not be optimal for Hong Kong. Hong Kong relies, to a great degree, on foreign investments and a heavy-handed approach may scare investments away (Charles E. Schumer &; Michael R. Bloomberg To Save New York, Learn from London, Wall Street Journal 1 Nov 2006). This paper, argues that failure of independent auditors was mainly caused by bad incentives. In particular, auditors were hired by and responsible to the management of companies. Thus, there is no surprise that auditors were less diligent in finding problems caused by management. Furthermore, proposing of an alternate to the SOA’s approach. Specifically, a new legal approach should be enforced that allows shareholders to sue auditors when failure to uncover accounting issues causes loss of shareholders’ values.     

Privatised Keynesianism: An Unacknowledged Policy Regime

There have now been two successive policy regimes since the Second World War that have temporarily succeeded in reconciling the uncertainties and instabilities of a capitalist economy with democracy's need for stability for people's lives and capitalism's own need for confident mass consumers. The first of these was the system of public demand management generally known as Keynesianism. The second was not, as has often been thought, a neo-liberal turn to pure markets, but a system of markets alongside extensive housing and other debt among low- and medium-income people linked to unregulated derivatives markets. It was a form of privatised Keynesianism. This combination reconciled capitalism's problem, but in a way that eventually proved unsustainable. After its collapse there is debate over what will succeed it. Most likely is an attempt to re-create it on a basis of corporate social responsibility.     

绿色发展视角下的健康适度劳动问题

推行绿色发展战略是国际经济发展的新趋势,也是我国经济良性发展、实现十九大所提出的"两步走"战略目标的必然选择。发展绿色经济离不开其价值源泉——绿色劳动,绿色劳动的思想可以追溯至亚当·斯密、马克思和舒尔茨,ILO的体面劳动、企业社会责任、现代化、知识经济、现代社会保障都蕴含着绿色劳动的思想。目前我国在社会劳动领域存在很多问题,推动劳动的健康绿色化,需要政府积极地引导推动、企业树立新的用人理念、工会努力发挥有效维权的作用,并需要多方面借鉴国际有效经验。     

Choosing to be political: some reflections on youth activism in the US

This article explores youth activism in the US, not through the lens of collective action, but as the product of personal choices. By drawing on existentialism, and particularly on the work of Jean-Paul Sartre, this article proposes to shift the focus of the debate from youths’ collective action to the self – a conscious self that observes, perceives and makes sense of the surrounding world through personal experience. It is this conscious self that decides how, and whether, to intervene against the ‘wrong’ that the self experiences. In this perspective, it is not only the acts (of citizenship) that matter, but the conscious process through which the self chooses to become political. Such an understanding will ultimately help uncover not only how the undocumented act and how to conceptualise their acts but also how they perceive and experience their current status and who they want to become.     

Multinationals as global institution: Power,authority and relative autonomy

This article aims to inform the long‐standing and unresolved debate between voluntary corporate social responsibility and initiatives to impose binding legal obligations on multinational enterprises. The two approaches share a common feature: neither can fully specify its own scope conditions, that is, how much of the people and planet agenda either can expect to deliver. The reason they share this feature is also the same: neither is based on a foundational political analysis of the multinational enterprise in the context of global governance. Such an analysis is essential for providing background to and perspective on what either approach can hope to achieve, and how. This article begins to bridge the gap by illustrating aspects of the political power, authority, and relative autonomy of the contemporary multinational enterprise. The conclusion spells out some implications for the debate itself, and for further research.     

美日安全合作:从地区走向全球

美日同盟是美国维持亚太秩序的重要基石,也是日本外交政策的基轴,随着中国的崛起,美日双方已然意识到原有的同盟框架难以应对来自中国的挑战。为此,美日通过制订新的《美日防卫合作指针》,强化美日同盟,加强双方在全球范围内的安全合作。然而,美日安全合作同时也面临着质疑与否定,在美日两国内,长期以来一直存在着对美日同盟的争论。未来美日安全合作将如何发展,不仅取决于日本的安全感知,更取决于美国在国内国际新形势下将会采取的战略。由于美国新任总统特朗普一以贯之的对日负面认知,使得日本政府和国民对于特朗普的对日政策不抱期待。然而,特朗普上台后并不会撤走驻日美军,更不会让美日同盟解体,同时,商人出身的特朗普并不反对自由贸易,其反对的是无法贯彻其意志的自由贸易。因此,在特朗普总统任期中,其特有的个性和自信,将会使未来美国的对日政策打上"特式"烙印,这为美日关系的发展增加了许多不确定因素,美日同盟可能面临新的危机。     

The identity of ‘the other’ for sexual violence victims: is there anything new in sexual violence prosecutions before the International Criminal Court?

Despite the spectacular development in the field of international criminal law, critical feminism stresses the narrow scope of the sex and gender crimes in the Rome Statute establishing the first permanent International Criminal Court. The current international criminal law discourse, as expressed by recent case law, is geared towards the protection of certain groups targeted on account of their distinctiveness within the framework of a conflict situation, and gender is not recognized as one of these group identities. The question whether international criminal law on sexual violence applies only to inter-group conflicts brings to the fore an uneasy likelihood of exclusion of some recently emergent situations where identities of the conflicting parties transcend a particular ethnicity or nationality, and where victims of sexual violence belong to the same group as their perpetrators. The article argues that, rather than the Rome Statute or newly introduced rules and regulations, a significant obstacle in developing gender justice is the narrow interpretation of sexual violence to inter-group hostilities.