少数民族习惯法的现代表达——对民族自治立法机关主体功能定位的思考

习惯法伴随着民族的发展长期存在,在现代社会,少数民族习惯法也以其自身的形态存在于人们的社会生活中,中国社会法治化道路需要国家法同习惯法进行对话和对接。民族自治立法机关要真正成为对话的通道和对接的平台,正确定位自身主体功能,加强对国家法进行＂习惯解读＂和对习惯法进行＂国家法式梳理＂,实现少数民族习惯法的现代表达,为中国法治社会建设做出应有之贡献。     

论我国跨国并购立法的完善

随着世界经济的日趋全球化,跨国并购成为企业进入全球市场、提高国际竞争力、实现资源优化配置的主要方式。修改、完善现有法律法规、借鉴外国经验,制定反垄断法及专门的外商投资审查法,是我国立法界的当务之急。     

More women in the Tanzanian legislature: Do numbers matter?

This study examines the changes that followed the rise in the number of female parliamentarians in the Tanzanian legislature and the contextual factors undermining the potential power of the increased number of female MPs. As found in a number of other countries, with more women in parliament, women's interests, concerns and perspective have been better incorporated into parliamentary debates and policy-making in Tanzania. However, the increase in female parliamentary representation challenges the existence of the special-seat system that helped women reach a large minority. The effectiveness of female MPs in Tanzania will improve only with a stronger legislature and a sturdier opposition. If the special-seat system is to remain, a new selection mechanism that allows direct cross-party competition among special-seat candidates should be considered to bring better qualified women into parliament.     

Beyond quota seats for women in the Tanzanian legislature

To assess the utility of quota experience in winning open seats, this article examined the factors explaining why only a small number of quota members of parliament (MPs) switch to non-quota seats in the context of Tanzania, where quota seats for women have been in place for three decades. Despite the socioeconomic and political forces offsetting the advantages of quota seats, special seats, if used effectively, are instrumental to winning constituency seats. To materialize a switch to a constituency seat, an early decision to run, strategic selection of a constituency, a track record of service to the target constituency, and mobilization of grassroots women are essential for special-seat women. The findings of this study, therefore, shed some light on how women’s parliamentary representation can move beyond the dependence on gender quotas.     

论行政立法与公众的利益表达

随着社会发展的需要,行政立法在世界范围内已成为一种普通现象,但任何形式的法律其存在的目前是为人民谋更大的福利。分析和研究国内外的立法理论与实践可以看出,公众在行政立法过程的利益表达既存在理论基础也具有规范性的依据。然而在行政立法过程中的公众利益表达机制设计必须解决三个前提性的问题,即利益表达的主体的确定、利益外化的承载体和有效的表达方式。     

借鉴与完善：遏制宗教极端主义的立法研究

我国打击宗教极端主义的立法不够清晰,限制宗教极端主义思想传播的法律制度落后。同时宗教管理也存在一定的缺陷。因此,须完善我国打击宗教极端主义的立法以及相关制度,要准确落实我国的宗教政策,将宗教限制在私人空间。在公共领域宗教并无自由。我国须加强国家意识和国民意识的教育,并完善打击宗教极端主义的相关立法。应当制定反恐法,将宗教极端主义行为及言论作为反恐法管制的对象之一。完善刑法规范以打击宗教极端主义。应当在刑法中增加“领导、组织宗教极端主义组织罪”、“领导、组织宗教极端主义活动罪”等,并完善互联网的相关立法。     

Can Formal Rules of Order be Used as an Accurate Proxy for Behaviour Internal to a Legislature? Evidence from Costa Rica

Scholars rely heavily on formal rules to classify legislatures, but parchment institutions may only tell part of the story about how the chamber works. Behind-the-scenes behaviour may counter-balance or temper the power distribution created by formal rules. To begin examining if formal rules are an accurate predictor of actual behaviour, we analyse standing committees in Costa Rica's Legislative Assembly. We find that despite the formal institutions that favour a majoritarian bonus, the opposition party is a full participant in the legislative process in committee sessions. Opposition deputies participate equally or more so than majority party deputies, and deputies of all parties work together to investigate bills and kill legislation evaluated to be flawed, which indicates that formal rules are only one component to understanding legislative behaviour.     

A Bilingual Legislature? Question Period in Canada's House of Commons

One of the goals of Canada's official bilingualism policies is to promote the equality of French and English in Canada's federal institutions. The most visible federal institution is the House of Commons, and the activity that attracts the most consistent media coverage is Question Period. This article examines the evolution of the use of French and English during Question Period in the House of Commons over time by examining a random sample of debates from the 24th (1958–62) to the 39th (2006–8) parliaments. This article finds that the use of French in the House of Commons has increased over time and discusses several possible explanations. In addition, this article tests the hypothesis that there exists an informal norm in the House of Commons which holds that responses to questions should be in the same language in which the question was asked.     

More Westminster than Westminster? The Office of Speaker across the Commonwealth

The office of Speaker at Westminster is one which has been used as a model for those who preside over the parliaments and assemblies of the countries that make up the Commonwealth. While the Westminster speakership has evolved and adapted itself to changing needs, those within the Commonwealth have stuck more rigidly to their origins. This paper will compare and contrast the different speakerships in the parliaments that follow the Westminster tradition. It will analyse just how closely they have managed to keep to those long-established traditions and assess how successful they have been in achieving the impartiality that is necessary for a neutral umpire. The duties and responsibilities both within and beyond the legislature will also be explored, as will the ceremonies associated with this office.     

境外污点证人作证豁免制度研究及对我国的启示

境外污点证人作证豁免制度经过一个多世纪的发展,已经形成一整套体系完整的法律制度,其独特的豁免方式在打击贪腐犯罪和保障人权中起到了非常重要的作用。我国在引入和移植该制度时,有必要通过分析比较境外污点证人作证豁免制度的相关立法和实践经验,构建符合我国国情的污点证人作证豁免制度。