比较宪政工程概念的多维分析

＂比较宪政工程＂作为整体的概念是由萨托利提出的,萨托利在方法上并没有使用规范性的演绎,而是强调通过实证性的归纳,找出制度设计的规律。比较宪政工程概念的基础是制度的工具理性,它具有整体性、规律性和现实性三个特征。基于政治制度的整体性和制度设计的规律性,比较宪政工程不仅需要对特定政治制度的设计进行研究,而且需要对政治制度之间的关联性进行研究,同时它的理论模型又会被制度的现实性发展不断修正。     

The Symbiosis of Property and English Environmental Law – Property Rights in a Public Law Context

This article argues that environmental regimes entailing considerable administrative discretion are now serving to contextualise and partly to constitute property rights in English law. In particular, rights to use land are ‘democratised’ to varying degrees through the administration of environmental regulation, and are adapted to land‐use problems on an evolving basis. In return, property rights affect environmental regulation, through legal protections for property interests, although the nature of the discretion exercised within environmental regimes seems to determine the kind and extent of this symbiotic influence. As a result, environmental law challenges property scholars to reflect on the impact of administrative decision‐making on property rights, conceptually, doctrinally and in terms of its legitimacy. At the same time, environmental lawyers need to take seriously the nature and legal treatment of property rights in the application and analysis of modern environmental law.     

There's more to it than data protection – Fundamental rights,privacy and the personal/household exemption in the digital age

Heated debates triggered by the plans to introduce the “right to be forgotten” exposed problems the all-encompassing application of rules on data processing may cause in practice. The purpose of this article is to discuss the compatibility of these rules with the rapidly evolving online environment in the context of the need to guarantee human rights on the internet. The author argues that there is an imbalance in the protection of individual rights online. It results from the limited application of personal/household exception and, in general, the narrow understanding of the concept of online privacy. According to the author in order for data protection laws to flesh out not only the fundamental right of data protection, but also play a mediatory role in balancing other rights, the application of the personal/household exception should be extended to include private online activities. This would reflect the complex character of the very concept of online privacy, diversity of actors and activities shaping online “territories”, as well as the increasingly heterogeneous fabric of the Web.     

偷逃高速公路通行费行为的预防及法律规制

偷逃高速公路通行费行为给高速公路经营者带来了巨大损失。通过严格恪守有关公路方面的法律法规、强化公务人员和工作人员依法办事的法律意识、总结惩治偷逃高速公路通行费行为的经验、建立部门长效联动治逃机制、完善相应的科技手段等措施,能够预防偷逃高速公路通行费行为的发生。通过行政处罚可以制约伪造标志、证件或者冒用绿通车骗逃行为、强行闯岗(跳车)逃费行为;通过行政处分可以规制收费站工作人员私放车辆行为。行政处罚与行政强制只能由特定的行政机关执行。     

论我国宪法解释的特征与作用

宪法解释被认为是当代宪法理论和司法审查理论的核心.宪法解释具有不同于普通法律解释的政治性质、制度性质与规范特征,决定着其具有规范性、被动性、中立性和适应性.     

Politics of Risk-Taking: Welfare State Reform in Advanced Democracies,by Barbara Vis

This article considers the impacts on the public regulation of private business of three key transformations in public management: “towards more targeting of resources” (through more risk-based regulation); “towards a stronger service ethos” (through more customer-centricity); and “towards increased integration” (through more joined-up regulatory organization). Empirical evidence is presented from a program of research focusing on local authority regulation of the businesses sector in England and Wales. The article concludes by reflecting on how such transformations, which are of wide international significance, might be viewed, particularly from a public interest perspective.     

The Politics of Time on the Frontline: Street Level Bureaucracy,Professional Judgment,and Public Accountability

This article reports on a study carried out on the impact of quality assurance mechanisms on street-level bureaucrats in Northern England (teachers, nurses and social workers). A key aim of the research was to explore the ways in which these mechanisms negotiate the much older regulatory function of time. The findings suggest that these mechanisms contribute to forms of time compression across professional activities, time compression in turn having consequences for professional judgement. The study explores the mechanisms via which this occurs, while also examining the implications of the research for debates about democracy, political regulation, and public sector management.     

The Regulatory Role of Social Policy: Macao's Social Security Development

Central to the regulation theory of social policy is the argument that the welfare state has played a key role in the maintenance of the proper working of capitalism. Starting from the core argument of the theory, this article attempts to demonstrate that the Social Security Fund, a cornerstone of Macao's social security system, achieved three major regulatory functions in relation to the perpetuation of capitalism from the establishment of the fund in 1990 to 2005: legitimisation, reproduction and disciplinisation. There was a watershed year in 2002 in which the predominant regulatory forms displayed a qualitative shift from legitimisation to reproduction and disciplinisation. The shift is explained in terms of different interplays of the political and economic forces within the basic structural constraint of the capitalist social system.     

日本金融商品推介销售行为的法律规制--兼述金融商品交易的忠实义务与善管义务

随着金融市场的专业化、复杂化程度日益提高,在信息、能力、财力等方面处于弱势的金融消费者与金融业者的交易不对等地位凸显。文章主要以日本金融业者的金融商品推介销售行为规制为研究对象,结合日本金融商品交易法的共通行为规范及忠实和善管注意义务进行了分析,认为基于金融消费者的特殊性、金融商品的特殊性以及金融商品交易双方地位的不对等性,应立足于实质的公平和正义的价值取向,在传统民商法的基础上通过矫正交易双方的权利义务配置,通过监管保护、行为规制、权利救济等层面的制度完善和有效运作,以期今后为中国相关立法提供参考。     

Social cohesion for the unfinished business of land reform in South Africa

Abstract

This article aims to discuss social cohesion as an alternative instrument to address the ever dragging land question in South Africa. Although there are various activities that have been undertaken and policy programmes that have been proposed, all those initiatives have not been able to completely translate land reform policy into practice as intended. Other than recognising the ‘willing seller-willing buyer’ policy which appears not to have been internalised by the stakeholders concerned, this article also presents a transformative approach for both white land owners and black emerging farmers to work together in a tolerant and amicable manner. The most critical step that is required for land reform in the whole country is a public consultation process for government to be able to engage with all parties and to put a list of informed alternatives on the table for discussion. Obviously, that includes the willing seller willing buyer policy. Based on the outcomes of such discussions, the government has to play a mediation role to heal the racial division caused by the Natives Land Act of 1913. In short, this discussion presents social cohesion to heal the past without land owners perceiving transformation policies as apartheid in reverse.