再论牵连犯

牵连犯是指行为人出于一个最终的犯罪目的实施了数个犯罪行为(目的行为、方法行为或结果行为 )而分别触犯不同罪名的犯罪形态。牵连犯是一种客观存在的犯罪形态,因此,对其宜存不宜废。判断牵连关系,应坚持主客观相统一原则,并由法官结合具体案情判定。对牵连犯的处罚,应坚持从一重重处断原则。     

养老保险基金收支模式的选择

养老保险基金收入模式可分为现收现付、完全积累和部分积累三种,养老保险基金支出模式可分为给付确定制和缴费确定制两种。基金收支模式是基金收入模式和基金支出模式的组合。基金收支模式的选择要遵循有利于基金收支平衡的实现,有利于保障功能的齐全,有利于公平与效率的兼顾,有利于养老保障和经济发展的兼顾等原则。以适当比例组合起来的复合型模式和混合型模式能够兼顾养老保险多方面功能的发挥。     

Ministerial Advisers and the Politics of Policy‐Making: Bureaucratic Permanence and Popular Control

The advent of ministerial advisers of the partisan variety – a third element interposing itself into Westminster's bilateral monopoly – has been acknowledged as a significant development in a number of jurisdictions. While there are commonalities across contexts, the New Zealand experience provides an opportunity to explore the extent to which the advent of ministerial advisers is consistent with rational choice accounts of relations between political and administrative actors in executive government. Public administration reform in New Zealand since the mid 1980s – and in particular machinery of government design – was quite explicitly informed by rational choice accounts, and normative Public Choice in particular. This article reflects on the role of ministerial advisers in the policy‐making process and, on the basis of assessments by a variety of political and policy actors, examines the extent to which the institutional and relational aspects of executive government are indeed consistent with rational choice accounts of the ‘politics of policy‐making’. The reader is offered a new perspective through which to view the advent, and the contribution of ministerial advisers to policy‐making in executive government.     

教唆未遂之理论界定

作为教唆犯罪中最为复杂的形态之一,教唆未遂一直为学界所关注.对流行性观点与传统观点语境下的教唆未遂的研究表明,二者均存在不同程度、不同维度的理论缺陷;基于其他学说基础上的教唆未遂,也未能提供科学而信服的教唆未遂理论观.而以价值取向为切入点、以纯粹的教唆犯独立性说为基础构建教唆未遂的理论体系,无疑将成为较为理想的路径选择:破除共犯理论体系下的教唆犯独立性说、从属性说或二重性说,在完整的独立犯的价值判断的基础上,重构教唆未遂理念.     

意思自治原则确定涉外合同准据法比较研究

意思自治原则作为确定合同准据法的首要原则,已为绝大多数国家的立法及有关国际合同法律适用公约所确认。意思自治原则的内容已相当丰富,涉及的问题众多。目前我国立法过于简单粗疏,应结合各国立法及国际公约的规定进行分析和比较研究,以完善我国相关立法。     

论制定国际反垄断法的必要性及其模式选择

跨国公司的垄断行为应当受到有效规制,但目前各国所推行的"效果原则"和"积极礼让原则"存在较多缺陷其规制效果并不理想。借鉴国际反垄断立法实践的有益经验并吸取其中的教训,在WTO框架下制定统一的国际反垄断法,是较为可行的模式。     

The Political Economy of Green Taxation in OECD Countries

This paper addresses the role of politics in environmental policymaking in OECD countries. The public interest theory of regulation assumes that politicians pursue the public good and employ economically efficient instruments such as Pigouvian taxes to discourage polluting activities. Alternative theories of regulation, however, explain more realistically the environmental policymaking process. The theory developed in this paper argues that the goals of raising revenue and industry competitiveness overwhelm the goal of improving environmental quality when politicians set green taxes. This theory is empirically tested with a political economy model using data on OECD countries. The results suggest that policymakers do not set taxes with a specific concern for the environment, but to generate revenues. The model also demonstrates the concavity of the revenue function with respect to emissions; taxes are raised up to an optimal point beyond which raising them would discourage emissions, and thus revenues. Harmful behavior is not discouraged through the imposition of the taxes, since less healthy populations are taxed less. Emissions generated by industries that are exempted from taxation are offset by the industries that are taxed. When polluting products constitute a high share of the exported products, revenues from environmentally related taxes drop. These results help explaining the lack of environmental orientation of green taxes in the OECD countries.     

Mother teresa meets Genghis Khan: The dialectics of hierarchy-enhancing and hierarchy-attenuating career choices

We replicated and extended earlier work showing the connection between social dominance orientation and the perceived attractiveness of hierarchy-enhancing and hierarchy-attenuating careers using data from two large and independent samples of UCLA students. Consistent with expectations, the data from both studies showed that the greater the students' level of social dominance orientation, the more attractive hierarchy-enhancing careers such as criminal prosecutor, police officer, and FBI agent were perceived to be. Similarly, the greater the students' social dominance orientation, the less attractive they found hierarchy-attenuating careers such as public defender, civil rights lawyer, and human rights advocate. These conclusions held even after controlling for the effects of socioeconomic status and political conservatism. Canonical correlation analysis disclosed that the attractiveness of these career paths within the general domain of law made only one, bipolar and unidimensional projection within social dominance space. The nature of this bipolar dimension reproduced the hypothesized distinction between hierarchy-enhancing and hierarchy-attenuating social roles. Theoretical implications of the results are discussed.     

Sequential vote choice: Applying a consideration set model of heterogeneous decision processes

This article analyzes the relative effects of a classic set of long-term and short-term determinants of party choice by treating voters' decision processes as a two-stage heterogeneous process. Departing from a consideration set model of voting behavior (CSM), we use panel data collected in Sweden in 2014 to analyze which voters considered voting for more than one party. To evaluate the CSM approach we estimate the relative effects of long-term and short-term determinants, for different parts of the electorate and at different stages of the decision process.Results confirm that the choice process for the ‘considering kind’ of voters is influenced by another mix of long-term and short-determinants than stable and party identified voters. Findings suggest that continued analyses of multi-stage decision making may bring new insights into electoral behavior. We argue that the core ideas of CSM – the sequential decision-making process and heterogeneity in the impact of long-term and short-term determinants – are generally applicable for analyses of voting behavior.     

党内民主化探析

党内民主化是现代政党发展的必然选择。文章分析了党内民主化的价值意蕴,提出了党内民主化的路径选择,指出党内民主化应该防止的倾向．从中得出结论：党内民主化必须坚持党的团结统一,必须走中国式发展道路,必将为世界政党发展贡献新成果。