试论举报答复行为的行政法属性

将举报答复行为纳入行政法制监督体系,对于保障公民的举报权十分必要。但前提是必须从理论上明确举报答复行为的法律属性。通过对行政法律行为相关理论的考察并结合我国台湾地区的研究,可见举报答复行为是行政法律行为,而非事实行为。这就意味着,举报人对举报答复行为不服可以通过行政复议和行政诉讼等获得救济。     

论建设工程合同的成立

建设工程的招标行为应是要约邀请而非要约 ;而投标行为应是要约而非承诺。因而中标通知书不能意味建设工程合同的成立 ,但因现行立法的缺陷 ,从应然意义上 ,中标通知书应导致建设合同的成立。故相关立法应作修改和完善     

论我国公民基本权利的诉讼救济

立法机关、行政机关、司法机关以及公民、社会组织都有可能侵犯公民的基本权利,诉讼救济应当是公民捍卫基本权利最有力的方式。但我国立法对基本权利的诉讼救济还尚未有明确规定,实践中对基本权利的诉讼救济也呈不规范状态。制约公民基本权利寻求诉讼救济的根本原因在于我国的法院无权也不宜主管宪法诉讼。建立宪法法院专司宪法诉讼是我国宪政体制下较为理想的选择。     

对我国民事再审程序的反思与重构

我国再审制度设计基于“实事求是 ,有错必纠”的原则 ,再审制度有着许多内在的缺陷 ,再审制度的改革应保留最高人民法院依职权再审 ,废除地方法院依职权再审 ,限制检察院抗诉再审 ,并建立再审之诉。     

Predicting the Onset of Sexual and Drug Risk Behaviors in HIV-Negative Youths with HIV-Positive Mothers: The Role of Contextual,Self-Regulation,and Social-Interaction Factors

HIV-negative, inner-city adolescents with HIV-infected parents are considered to be at high risk for acquiring HIV themselves. Using a modified theory of health behavior, this study examined the effects of maternal HIV infection and psychosocial variables on the onset of sexual and drug risk behavior in 144 HIV-negative adolescents with and without HIV-positive mothers. Adolescents and their mothers were interviewed when the youths were 10–14 years old and again when they were 13–19 years old. By follow-up, 42% of youths reported the onset of vaginal sex (vs 5% at baseline). Marijuana and alcohol use increased from 6 and 38%, respectively, at baseline to 25 and 60% at follow-up. Among those reporting risk behaviors, 40--50% reported onset prior to 14 years. Youth and family psychosocial variables, but not maternal HIV status, were associated with risk behaviour outcomes. Claude A. Mellins research interests include mental health, psychosocial, and public effects of maternal and pediatric HIV; interventions for HIV-affected families; and adherence. Curtis Dolezal research interests include HIV-related sexual behavior in a variety of populations with a particular emphasis on methodology/measurement issues. Elizabeth Brackis-Cott research interests include impact of HIV/AIDS on the lives of children and families directly affected by the disease. Ouzama Nicholson research interests include international public health and pediatric HIV infection and operational issues in developing effective prevention of mother-to-child transmission of HIV infection and pediatric HIV care programs. Patricia Warne research interests include program development, structural interventions for HIV, and policy. Heino F. L. Meyer-Bahlburg research interests include psychosexual assessment, the development and determinants of sexual risk behavior, and the effects of HIV disease on sexual functioning.     

论要式行政行为的“要式”

要式行政行为和非要式行政行为是行政行为中的重要分类。要式行政行为中的“要式”,是既包括特定形式和遵守特定程序两者,还是仅指特定形式一者,在理论与实践中的表现不尽一致。通过历史考察和现实分析,笔者选择了后者,即认为要式行政行为中的“要式”,是指特定形式——某种书面文字或具有特定意义符号。行政法律中规定的要式行政行为便是对行政权进行特别控制的体现。如果“要式”行政行为缺失必要的“式”,该行政行为既可能“未成立”,也可能该行政行为因违法而无效。     

Opposition Coordination in Singapore’s 2015 General Elections

Abstract

Recent political science scholarship suggests that when opposition political parties are able to coalesce into a united coalition against an authoritarian regime, they will perform better in authoritarian elections, and can more credibly bargain with the regime for liberalising reforms. Yet, most of this literature pays little attention to the variety of ways in which opposition parties cooperate with each other. Drawing on the literature on the bargaining model of war, the author sketches out a theoretical framework to explain how opposition parties coordinate to develop non-competition agreements. Such agreements entail opposition parties bargaining over which political party should contest or withdraw in which constituencies to ensure straight fights against the dominant authoritarian incumbent in each electoral district. The author then applies this framework to explain opposition coordination in Singapore’s 2015 general elections, focusing on the conflict between the Workers’ Party and the National Solidarity Party.     

Singapore’s 2015 General Election: Explaining PAP’s Resounding Win

Abstract

While Singapore’s 15th general election came about as expected, the ensuing results did not. In view of the opposition’s performance in the 2011 general election and the general sense that the ruling party had done well despite its performance being anything but sterling, the results were somewhat shocking. Even the leaders of the ruling party were caught by surprise at the party’s ability to garner 70% of the valid votes, 10% more than in the previous election. While many factors played a role, it was the opposition parties that lost the election rather than the ruling party that won it. Most of the opposition parties were rejected by the voters on grounds of not being worthy of support. The leading opposition party, the Workers’ Party, also suffered as many voters feared that it might perform too well to the detriment of the ruling party. In the end, the 2015 general elections strengthened the one-party-dominant state in Singapore and the quest for greater political representation was placed on the back burner.     

Gender Differences in Delinquency and Situational Action Theory: A Partial Test

This paper investigates to what extent a recent perspective in criminology, Situational Action Theory, is valid for both males and females and to what extent elements from the theory explain gender differences in delinquency. Data are used from the first (N?=?843) and second (N?=?616) wave of the Study of Peers, Activities, and Neighborhoods, which included detailed data about core elements of Situational Action Theory (morality, self-control, unsupervised peer activity and peer deviancy), proposed indirect causes (bonds with parents and school, parental monitoring) and self-reported delinquency. Cross-sectional and lagged Tobit regression analyses show that the core relations with delinquency are not significantly different between boys and girls and that the elements of Situational Action Theory are able to explain gender differences in delinquency for a substantial part. However, there is still a remaining independent effect of gender on current and lagged delinquency.