农村土地流转市场的关系逻辑及其再生产机制 ——基于C县T村个案的经验研究

农村土地流转是乡村振兴的关键着力点。以个案为研究对象,分析社会关系网络在农村土地流转市场中的表现与作用机制,说明"关系脱嵌"是关系再生产的内在动因,"强关系"比"弱关系"更有利于促进农村土地流转。在关系媒介和人际互动等因素综合作用下,"弱关系"可在一定程度上转化为"强关系"。依附于关系媒介的农地流转市场并不是理性、健康的市场,应回归制度理性,以推动构建统一、公平的农村土地流转市场体系。     

“Soul Murder”: Investigating Spiritual Trauma at the Royal Commission

ABSTRACT

During its five-year tenure, the Royal Commission into Institutional Responses to Child Sexual Abuse established that faith organisations, with inadequate practices of organisational transparency and accountability, hierarchical structures of power, and patriarchal cultures, have poor track records in child protection and high levels of child abuse. Evidence from the Royal Commission hearings identified spiritual trauma as an outcome of child sexual abuse across several religious organisations including the Catholic Church, the Anglican Church, the Salvation Army, the Yeshiva Jewish School in Melbourne and Sydney and the Satyananda Ashram in NSW. The Catholic Church had the highest levels of institutional child sexual assault and was the site of most of the narratives of spiritual suffering. This article examines existing research on spiritual trauma with regard to child sexual abuse, applies a five-point classification model developed by Kenneth Pargament and colleagues for identifying and analysing spiritual damage, and examines the evidence from both survivors and expert witnesses that was heard during relevant public hearings involving the Catholic Church at the Royal Commission. Institutional responses to spiritual injury will be considered and it will be argued that the Catholic Church is a distinctive institution that has produced a powerful culture of spiritual identity and belonging, where the impact of child sexual abuse has resulted in a loss of faith for many survivors, families and communities.     

Inequalities of Redress: Australia’s National Redress Scheme for Institutional Abuse of Children

ABSTRACT

The national redress scheme proposed by the Royal Commission into Institutional Responses to Child Sexual Abuse is unique and unusual in the world of government redress. It is unique with its inclusion of both care leavers and non-care leavers (it is the only government scheme to do so), and it is unusual in focusing on sexual abuse alone (18% of government schemes do). These unique and unusual qualities come at a price for justice. Care leavers and non-care leavers are different groups with respect to their experiences of abuse and social status as child victims. Unless these group differences are explicitly recognised in guidelines for the monetary payment, care leavers will be disadvantaged. Two corrective measures are proposed: adopting an inclusive understanding of sexual abuse in closed and open settings, and addressing the negative bias that may result from care leavers’ lower social status as children compared to that of non-care leavers. Their lower status is likely to affect (that is, devalue) judgements of the severity and impact of abuse.     

State-building or state-capture? Institutional exports,local reception and hybridity of reforms in post-war Kosovo

ABSTRACT

Post-war Kosovo has been the subject of a highly intrusive international state-building project, including an unprecedented influx of international administrators, assistance and funds. However, it increasingly bears the hallmark of a weak and captured state. This special issue contributes theoretical and empirical insights that shed light on possible explanations, difficulties and prospects of the state-building project in Kosovo. Theoretically, we investigate how international and local explanations play out, interact and gain dominance over each other; highlight the local factors that shape the experience of state-building; and focus on the hybridity of institution- and state-building on the ground. Empirically, we take stock of two decades of international state-building activities and one decade of independent statehood by providing long-term and in-depth analysis of specific areas of reform – municipal governance, state bureaucracy, normalization of relations between Serbia and Kosovo, education, creation of armed forces, security sector reforms and reception of Salafi ideologies. Such time-sensitive, case-nuanced and empirically heavy analysis enables the authors to go back and forth between the role of international activities, domestic strategies of resistance and evidence of hybrid reforms in order to test the role of competing explanations.     

An Analysis of Institutional Change in the European Union

Institutional change is guided by rules. In the European Union these rules are given by Art. 250–252 of the Treaty of Amsterdam. We analyze these articles as games in extensive form and characterize and compare the equilibria of these games. The analysis identifies the decisive actors and the conditions under which it comes to institutional changes in the European Union. In addition we analyze the tendencies for centralization inherent in these decision procedures as well as their ability to guarantee conflict-minimizing compromises between the institutional actors. We show that the historical evolution from Art. 250 over Art. 252 to Art. 251 implies an improved position of the European Parliament. Contrary to part of the literature we show that the move from Art. 250 to Art. 252 may have important consequences for the policies to be implemented and that the move from Art. 252 to Art. 251 improved the position of the European Parliament. Hence, our model is able to resolve the empirical anomalies resulting in conditional-agenda setting model by Tsebelis and therefore points to the importance of the sequential structure of the decision procedures.     

中国刑事辩护制度发展的命运——以建立中国控辩协商制度为视角

从立法的角度看,中国刑事诉讼法的修改,无疑是中国刑事司法改革的一个巨大进步,甚至有人把它说成是刑事诉讼立法科学化、民主化的“一个重要里程碑”也不为过。然而,在司法实践中,就刑事诉讼法的修改对中国刑事辩护制度所引起的实质性影响而言,不仅不是巨大进步,而且是严重倒退。中国的刑事辩护正面临着让立法者始料不及的艰难困境。中国目前的辩护制度状况尚无法满足辩诉交易中国化的基本要求。只有实现中国辩护律师队伍的专业化,赋予中国律师必要的辩护权利和执业保障权利,才能使得辩诉交易在中国移植后,被告人有适格的辩护律师提供帮助,以确保其在控辩协商中得到公平对待。     

哲学视野中的制度演化规律研究

哲学视野中的制度演化规律是指制度在演化过程中所反映出来的一些规律性的现象。制度演化大体遵循这样三条规律:路径依赖、量变中的质变和渐变中的突变并存、客观必然性和现实可能性的统一。     

论发展茂名港口经济

作为一个新兴的沿海港口城市,茂名拥有天然良港茂名港,还具有极其优越的货源条件,充分利用茂名港口区位、交通、资源优势,做大港口经济具有重大的现实意义。当前茂名港口经济的发展已取得了一定成就,加快茂名港口经济朝纵深发展的对策建议有:推进港航企业的规模化、多元化和标准化经营;深化港口自身的功能,促进茂名港向第三代发展;充分挖掘渔港海岛旅游潜力;以服务贸易和加工贸易为核心,形成粤西临海产业带。     

WTO与地方制度创新

地方制度创新在转型期具有重要作用,加入WTO改变了地方制度创新的外部环境,并对地方制度变迁模式形成冲击。在WTO规则的约束条件下,中央和地方制度创新的差异具有新特点,地方制度创新既有来自预期利益的推动力,又有来自财政、既得利益及政绩考核的压力。地方政府必须在意识形态、政府自身、法律、社会及市场等方面进行制度创新,以适应新的环境要求。     

论我国多党合作制度的特点和基本经验

本文以"三个代表"重要思想为指导,通过分析一些国家在政党制度方面的教训,总结我国多党合作制度的特点是:共产党领导、多党派合作,共产党执政、多党派参政,共产党代表、多党派联系;我国政党制度的优势是:既有坚强的领导核心,又有广泛的社会基础;既有集中,又有民主;既维护人民的根本利益,又照顾各方面的具体利益;既有共同的政治基础,又"和而不同".在上述基础上,本文进一步对共产党领导的多党合作的基本经验作了一些研究探讨.