关于反腐倡廉体制机制建设若干问题的新思考

反腐倡廉建设必须建立健全一套有效的制约和监督权力的体制机制,这是破解腐败高发、多发的基本途径。只有组建一个由预防腐败署、纪检监察机关、司法机关构成的预防与惩治腐败完整体系,才能充分发挥结构科学、运行规范、监督有效的功能,形成一个能够保证各职能机关各负其责、相对独立、依法治理的运行方式。完善干部重大事项报告制度、巡视制度和"一案双查"等制度,逐步形成不敢腐的惩戒机制、不能腐的防范机制、不易腐的保障机制,才能有效遏制腐败。同时把构建决策科学、执行坚决、监督有力的权力运行体系,作为关住权力的制度笼子。这是我们党实现依法治国的国家战略和顶层设计的新思考,是跳出历史周期律支配的新路径。     

Towards a pattern in mass violence participation? An analysis of Rwandan perpetrators' accounts from the 1994 genocide

In this article, I focus on the logic whereby a group of eight Hutu became involved in mass violence during the 1994 Rwandan genocide. This process is considered as a sequence of meaningful events that progressively shaped the actors' frame of analysis. As such, each sequence brings a new qualitative reality which, in turn, constitutes the platform upon which the involvement in, and the perpetration of, mass violence become acceptable and legitimate in the eyes of the perpetrators. Based on both Howard S. Becker's notion of career and Roger Petersen's analysis of resistance and rebellion, I disaggregate the entire process of participation in mass violence into a sequence of six mechanisms, generating two main phases. The first one, mobilisation, refers to the movement from a neutral state to a mobilised state. The second phase, collective action, covers the drift from mobilisation to action, namely, killings.     

Why Overcoming Prejudice is Not Enough: A Rejoinder to Richard Rorty

Abstract

Misrecognition, taken seriously as unjust social subordination, cannot be remedied by eliminating prejudice alone. In this rejoinder to Richard Rorty, it is argued that a politics of recognition and a politics of redistribution can and should be combined. However, an identity politics that displaces redistribution and reifies group differences is deeply flawed. Here, instead, an alternative ‘status’ model of recognition politics is offered that encourages struggles to overcome status subordination and fosters parity of participation. Integrating this politics of recognition with redistribution enables a coherent Left vision that could redress injustices of culture and of political economy simultaneously.     

The Two Sides of Recognition: Gender Justice and the Pluralization of Social Esteem

Abstract

This article seeks to sketch the contours of a good society, distinguished by its gender justice and the plural recognition of egalitarian difference. I begin by reconstructing Nancy Fraser's arguments highlighting the link between distributive justice and relations of recognition, in particular as it applies to gender justice. In a second step, I show that the debate on the politics of recognition has confirmed what empirical analyses already indicated, namely that Fraser's status model takes too reductive a stance towards the identity-constituting effects of relations of recognition. The simple demand that identities be recognized, however, glosses over the paradox of recognition, which arises out of the ambiguity between the demand for equal respect and the demand for the recognition of difference. This paradox cannot be resolved unless one takes into consideration the compensatory effect of value pluralism, that is, the inherent pluralism of recognition, well captured in the notion of "egalitarian difference".     

Can the descriptive-substantive link survive beyond democracy? The policy impact of women representatives

ABSTRACT

That women offer substantive representation in democratic systems is well established. However, can they do so in partial or non-democracies? As less than half of the women in the world live in democracies, analysing female representation outside of the democratic context is crucial. We hypothesize that even in non- and partial-democracies, women exercise substantive representation. Neutralizing the confounding effects of international constraints or a general positive approach towards gender equality, we create a framework that observes the relationship, proposing and testing several scenarios to identify substantive representation. We observe correlations over time between the share of women representatives and policies female representation typically influence: reproductive rights, health spending and education spending. Our evidence shows that substantive representation appears in non- and partial democracies, and not just in democracies.     

Semi-presidentialism,moderating power and inclusive governance. The experience of Timor-Leste in consolidating democracy

The relationship between the choice of a government system, namely semi-presidentialism, and the performance of democracy is the subject of current debate. This article considers Elgie's proposal for a positive correlation between premier-presidential forms of semi-presidentialism and the success of democratic transitions, and discusses the way in which Timor-Leste fits the model as well as the need for a clear view of the incentive mechanisms at play. It further analyses the importance of “independent” presidents with “moderating powers” as a way of achieving inclusive governance and to facilitate democratic consolidation. Contrary to suppositions that attribute a tendency for president-parliamentary regimes to succumb to conflict between the main political actors, the case of Timor-Leste suggests that the definition of the president's role as a “moderator”, and the exercise of the function by “independent”, non-party personalities counteracts such inclinations with positive effects on democratic consolidation.     

农民对纠纷解决机制的选择偏好及成因

对不同类型的纠纷,农民对纠纷解决机制的选择表现出不同的偏好。总体而言,农民对自我解决与民间调解的偏好要大于司法解决,只有在自我解决与民间调解＂失灵＂时或在部分＂涉外纠纷＂中司法解决才能获得农民的青睐。农民这一＂司法置后＂的选择偏好是由中国农村的社会状况、纠纷的特点以及不同纠纷解决机制的优缺点共同决定的。研究这一选择偏好及成因对中国农村法治建设有重要的启示。     

现阶段会计电算化应用中存在的问题及对策研究

由手工会计过渡为电算会计是会计工作的一个重大转折,这种转折不仅反映在形式上,更重要的是反映在管理体系和理念上。本文分析了目前会计电算化应用中存在的问题,并提出了相应的对策。     

Eyewitness Memory in Context: Toward a Taxonomy of Eyewitness Error

Although eyewitness memory and identification have captured substantial research interest in the past decades, an understanding of the types and prevalence of errors typically made by eyewitnesses is lacking. The purpose of the present research was to begin the development of a taxonomy of eyewitness error, employing standardized stimuli and established techniques. Respondents were exposed to a crime scene modeled on SWAT-training scenarios for systematically varied exposure times, and were then asked to describe what they had seen. The stimuli and questions employed were prepared with the aid of senior police field training officers. As anticipated, eyewitness performance in general was subject to a variety of inaccuracies. Physical errors, such as mistakes in the clothing or physical characteristics of the perpetrator, or in details of the environmental context, predominated. However, other less-expected errors were also observed: in relatively low numbers of cases, witnesses inferred emotional states or intent on the part of the perpetrator or victim. Some contributed wholly artificial backstories, reported the future actions of the perpetrator or victim as memories, or even inserted themselves into the scene. The pattern of results was shown to interact with exposure time, gender of the perpetrator, and the presence or absence of weapons in the scene. The results of this study are consistent with reconfigurative theory dating to Bartlett (1932), with subsequent research, and with more recent work under the aegis of Gestalt/Feature-Intensive Processing theory. These findings provide information on types and prevalence of eyewitness error which should prove useful in investigative and courtroom settings.     

论承认外国法院判决的互惠原则

关于外国法院判决承认制度中的互惠原则的解释,时至今日中国司法实践仍处于摸索阶段,存在无条约就无互惠、事实互惠、推定互惠、承诺互惠等不同观点,本文通过对各种观点的梳理,反思批判中国司法实践中采取的不同解释,重申法律互惠的意义,明确互惠原则只能是法律互惠。从法律互惠的角度出发,国与国之间有的判决可以得到承认,而有的判决得不到承认是正常现象。从目前中国承认外国法院判决的诸条件来看,包括互惠原则在内均不成为外国承认中国法院判决的障碍;同时互惠原则有利于防止对方国家在承认条件上设置不合理的条件,从而产生实质性不平等。回归互惠原则本意,准确理解互惠原则的含义及作用,对于完善外国法院判决的承认制度具有重要的意义。