中国特色社会主义社会公正的三重逻辑

历史发展的特殊性造就了中国特色社会主义独特的社会形态特征。社会主义制度在建立初期与社会生产力之间矛盾突出,这种客观现实带来的是历发展进程中各种异时态的公正问题渗透在中国特色的政治经济社会文化之中,且相互影响。社会主义制度承载的公正的理想性与现实性之间的张力、社会主义基本理论与中国特殊国情的结合、政府与市场的耦合,从本源到现实再到实践逻辑上层层递进,是中国当前复杂公正问题图谱中的根本性问题。     

Exploring officer views of community policing in counterterrorism

Abstract

Recently there has been increased emphasis on actionable intelligence in counterterrorism. Building from the process-based model of regulation, police chiefs and scholars generally agree that community policing has promise in this regard. Yet, it is not clear the extent to which police officers concur. Since officers are in a position to implement community policing practices, it is important to understand variants in officer-level support. Using data collected from 741 officers in three departments, this project explores officer-level views of community policing’s utility to address terrorism and more common crimes. Overall, officers view community policing as appropriate to address both common crimes and terrorism. Results suggest that department-level policy itself is not the key driver of support. Rather, an officer’s own experience with community policing and support for the practice in general determine views on community policing in counterterrorism. Results also highlight the importance of comparative research across departments.     

社会公共利益与强制性规定在无效合同认定中的适用关系

我国《合同法》第五十二条规定了合同无效制度,其中第四项与第五项的使用颇具争议,两者的适用关系也是学界和司法实践关注的焦点。由于最高人民法院对强制性规定的限缩解释,所以当合同违反低位阶法律时,往往出现法官同案不同判的现象,造成裁判实践的混乱。因此,解决问题的关键就是明确界定强制性规定与社会公共利益规范在无效合同认定中的适用关系。文章通过案例分析,总结出合同无效制度的适用体系,以解决司法实践中合同无效判断标准不明确的问题。     

A mission-driven research program on solar geoengineering could promote justice and legitimacy

ABSTRACT

Over the past decade or so, several commentators have called for mission-driven research programs on solar geoengineering, also known as solar radiation management (SRM) or climate engineering. Building on the largely epistemic reasons offered by earlier commentators, this paper argues that a well-designed mission-driven research program that aims to evaluate solar geoengineering could promote justice and legitimacy, among other valuable ends. Specifically, an international, mission-driven research program that aims to produce knowledge to enable well-informed decision-making about solar geoengineering could (1) provide a more effective way to identify and answer the questions that policymakers would need to answer; and (2) provide a venue for more efficient, effective, just, and legitimate governance of solar geoengineering research; while (3) reducing the tendency for solar geoengineering research to exacerbate international domination. Thus, despite some risks and limitations, a well-designed mission-driven research program offers one way to improve the governance of solar geoengineering research relative to the ‘investigator-driven’ status quo.     

South Sudan: The Elusive Quest for a Resilient Social Contract?

ABSTRACT

After its hard-won independence in 2011, South Sudan slid quickly into violent conflict and became a theatre of enormous human suffering. This article attempts to answer the question of what went wrong, and what prospects exist for South Sudanese to forge a resilient social contract to build and sustain peace. It employs an analytical framework postulating three drivers of such a contract, at the heart of which is how core issues of conflict that underpin violent conflict and fragility have been addressed. The research findings underscore that the way the ruling elites managed the transition to statehood, the development of exclusive weak institutions, and frail social cohesion have all served to undermine peace and the development of a resilient social contract. Core issues of conflict have not been addressed, witnessed by the eruption of civil war in 2013. While the 2015 Peace Agreement provides, at least on paper, the basis for forging a new social contract that holds promise for sustaining peace, building inclusive institutions and nurturing social cohesion, its realization requires political will, strategic leadership, and a national vision, which are currently in short supply.     

Full and Open Competition in Public Procurement: Values and Ethics in Contracting Opportunity

ABSTRACT

Governments have sought to respond to increasing pressures to accomplish aims with efficiency and at low cost. A perception of the potential for corruption and waste of public resources has been met with calls for transparency and accountability. Competition is believed to lead to impartial, optimal outcomes, but attention paid to competition in the literature suggests that the benefits are not universally clear. This paper considers ‘full and open competition’ as a policy promise, ethical obligation, and a matter of justice, drawing upon work of John Rawls and others, in the United States case. The research question is: What do Federal procurement data tell us about the nature of full and open competition in practice? This study draws upon contract data available from the U.S. Federal government, for fiscal years from 2015 to 2018. Through an ordinal regression, it is suggested that variation in the extent of competition results in part from size of project, size of the business (or potential business) receiving the project, and the industry classification, particularly in cases centering on commercial acquisitions. While ‘full and open competition’ is frequently employed, the difference between the normative value of the concept in statute, and practical outcomes in implementation, is clear. This difference has consequences for both vendors and the government.     

中国共产党执政以来对社会公平的接力探索

党的十八大提出"公平正义是中国特色社会主义的内在要求"。这一论断从一定意义上表明,中国共产党探索中国特色社会主义道路的历史,就是马克思主义社会公平观在中国实践和发展的历史。中国共产党执政以来从构建实现社会公平的社会基本制度,提出实现社会公平的基本途径和根本目标;到拓宽实现社会公平的路径,健全实现社会公平的制度;到立足于科学发展,着眼于制度完善和创新,强调在构建和谐社会中推进社会公平;再到突出保障和改善民生,在深化改革中更加注重社会公平等方面进行接力探索。认真梳理中国共产党执政以来对社会公平的探索与实践,对新形势下进一步加强和谐社会的建设不无裨益。     

Justice and power in civil law negotiations

The relationship between power and justice in civil law negotiations is discussed. It is argued that the concept of power is essential to understand justice behavior in civil law negotiations. Distributive justice appears to be hardly relevant in civil law disputes and should be replaced by retributive justice to understand the behavior of the parties. The analysis leads to the observation that justice is more likely to be relevant for the powerless party in civil law disputes than for the power-holder. I conclude that both the relative power and justice behavior cannot be studied without taking into account the perception by individuals of both the relevant norms and the salient characteristics of the interaction.     

刑事审前司法审查制度构建论纲——《刑事诉讼法》再修改背景下的期待与言说

司法审查机制在我国刑事诉讼审前程序中的缺位造成我国刑事诉讼的重大结构性缺陷,基于对审前程序中侦控权力运行的制约、为被追诉者提供有效的司法救济以及与国际接轨的考虑,审前司法审查制度的构建应为我国刑事审前程序改革的方向之一;审前司法审查的效力范围应当限定为有关强制性措施的适用和审查起诉行为;司法审查之主体应为人民法院,作为司法机关的我国人民检察院并不能担当司法审查之职能;司法审查方式可采取事先司法授权和事后司法救济的结合;其具体程序可按照司法授权程序、司法救济程序和公诉审查程序分别设计;此外,为实现人权保障和犯罪追究的协调统一,司法审查相应例外规则的确立也尤为必要.