浅谈议行合一制度的优越性

议行合一与议行分离相比，有一定的优越性。为更好地发挥议行合一制度的优越性需要理顺人大与党、人大与政府、人大与司法机关的关系。     

"公推直选"的效应及思考

“公推直选”的试点使得党内思想、党内矛盾、党的活动方式、干部管理等方面出现新的变化：这是实现政党现代化的必然举措。为了推动“公推直选”深入开展，现阶段，应把“公推直选”的边界定到地方基层领导班子和主要领导；应扎实推动党员代表和群众代表的直选工作；应着重在党员、上级党组织和党外群众三个方面研究配套制度。     

Beyond Electocracy: Rethinking the Political Representative as Powerful Stranger

This year's Chorley lecture examines certain theoretical and practical questions concerning political representation in constitutional democracies and advances three claims. (1) That electocracy (rule by elections) reduces the role of citizens to a series of discrete choice points, often shifting the actual moment of choice to the politician. (2) That a preoccupation with winner-take-all elections encourages representatives in the US to see themselves as powerful strangers with a proprietary interest in their position. (3) That representatives can deepen democracy by functioning as catalysts for citizen involvement not just surrogates for citizen views or identities. Drawing on historic and contemporary examples of ordinary people who mobilize collectively to build new forms of citizen power before and after elections, Professor Guinier adapts the framework of collective efficacy to describe this conceptual move. She argues that vibrant constituencies of accountability can transform the representational relationship to reimagine democracy as self-governance not just self-government.     

行政直接强制的程序探讨

行政直接强制既是行政强制执行法所要解决的核心问题，又是行政强制执行制度中最难以规范的问题，然而，行政直接强制程序的理论，尤其是行政直接强制程序的法律地位一直是行政法学界比较困惑的，在我国《行政强制执行法》即将制定之际，系统探讨这一问题是非常必要的。包括行政直接强制程序立法的现状评价、行政直接强制属性与程序性质确定、行政直接强制程序立法技术等。     

Do competitive districts get more political attention? Strategic use of geographic representation during campaign and non-campaign periods

MPs are elected as delegates of their electoral district to represent their constituents' interests. Geographical representation is considered a central quality indicator for legislative systems. Yet whether the strategic use of geographic representation is affected by tactical campaign considerations has received less attention. The availability of social media data on a fine-grained level allows us to fill this gap by studying the following question: To what extent do politicians strategically use geographic representation during electoral campaign and non-campaign times? I combine literature comparing campaign and non-campaign periods with studies on strategic incentives for MPs to geographic representation. Empirically, I rely on quantitative text-analytical tools to study German politicians’ tweets from the entire 19th legislative period (2017–2021). My findings have important implications for the geographic representation literature as they imply that MPs use geographic references strategically, especially during campaign periods. Prospective competitive districts receive substantially more political attention already during non-campaign periods, yet further amplified during electoral campaigns.     

Voter turnout in direct democracy: A joint analysis of individual,referendum and community factors

In the context of an ever growing importance and usage of referendums around the globe, this article provides a comprehensive approach to analyse the determinants of participation in direct democratic votes. In the absence of conclusive empirical evidence about which factors drive direct democratic participation, studies tend to adopt election-specific findings and assume the determinants of electoral turnout to equally apply for referendums. Yet, a strict empirical test of these numerous determinants in a referendum context is still missing. By examining aspects stemming from both election-specific and referendum-specific contexts, this article aims to first test the applicability of common electoral theories of turnout for direct democratic participation and second to analyse the relevance of each factor when simultaneously examined with other contextual and individual factors. This holistic approach represents reality as adequate as possible, that is, to consider various factors that may simultaneously influence the individual decision to vote. Next to individual variables, the analysis particularly focuses on two contextual levels, the community a person lives in and factors linked to a given referendum. The discussion and joint analysis of competing factors addresses the problem of underspecified turnout models, which commonly prevents a detailed assessment of the relative importance of the determinants of turnout. The study uses registered data from the canton of Geneva, Switzerland, which provides official information about individual participation across 43 referendums in 45 communities. We match this individual data with referendum-related factors, such as campaign intensity and importance of the issues at stake, and community-level variables, such as wealth and urbanization. The results of our multilevel, cross-classified models show significant context-related effects, stemming mainly from the referendum and less from the community level. Still, the main driver of direct democratic participation is individual determinants, in particular citizens' past participation record.     

浅析加拿大IBIS系统及其分析原理

加拿大IBIS系统,对枪弹检材表面能进行二维的图像反映,此系统已在世界各国的法庭科学实验室广泛应用。最近,此系统尝试研制的三维图像反映系统已经完成,本文就此系统中关于弹壳底部图像获取与分析技术作以简介。     

我国专利间接侵权的困境及立法建议

为保护专利权人的合法利益,适应经济生活的客观需求,我国应对专利间接侵权做出明确规定,而不宜适用共同侵权规则。侵权责任法作为民事权利保护的基本法,对间接侵权应该有一个抽象概括的规定,以使专利法等法律规定的间接侵权有一个上位法的依据。而且,专利法对专利间接侵权的构成要件也应做出详细规定,以区别于专利直接侵权和专利共同侵权。     

个案中凸现的法律适用问题——由一起涉港借款担保合同案引发的思考

对于涉港借款担保合同案件,应按照我国内地的冲突规范确定合同准据法。当事人未选择法律的,适用“最密切联系原则”确定合同准据法。当合同准据法是香港法时,法院可以依职权去查明,也可以要求当事人提供。在当事人选择法律之前,不存在合同本应适用的法律,故不存在法律规避问题。当事人对准据法的选择,依法不能产生适用香港法的效力,实质上是因为我国内地有关强制性法律规范对这类合同具有直接适用性。