人大监督功能弱化的若干因素分析

人大监督功能严重弱化已是不争的事实。之所以如此,本文不仅分析了人大自身运行机制的因素,而且着重从人大监督制度的理论立足点、经济、政治文化、政治体制、选举制度等方面的深层次因素进行了剖析。     

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。     

论行政立法中的利益表达机制

利益是人类实施一切社会活动的内在因素,利益表达是利益实现最首要、最重要的环节。利益表达作为立法活动的基础和前提,决定了立法活动能否顺利进行。行政立法中畅通的利益表达,能够缓和行政机关与公众之间的利益冲突,有利于维护社会政治稳定,推进我国法制化进程。     

Constituency Delimitation and Electoral Authoritarianism in Malaysia

This article explains how the electoral one-party state of United Malays National Organisation (UMNO) in Malaysia is maintained through constituency delimitation. It examines how the means of inter-state malapportionment, intra-state malapportionment, gerrymandering, pre-delimitation boundary changes and seat increase are used in the on-going delimitation exercises. Malapportionment and gerrymandering in the last cycle of delimitation exercises in 2003–5 had secured Prime Minister Najib Razak a comfortable 60% parliamentary majority in 2013 despite winning only 47% of popular votes. While Razak may suffer greater attrition of votes due to his global financial scandal involving Malaysia’s state sovereign fund, 1MDB, he may still win a bigger parliamentary majority in the upcoming election, which must be held latest by August 2018. The article questions if the First-Past-the-Post (FPTP) electoral system, which is not only susceptible to manipulations, but also very winner-takes-all in nature, suits Malaysia’s plural society.     

Is the label ‘minimal legislature’ still appropriate? The role of the National People's Congress in China's political system

To discuss the type of legislature, this article explores what role the National People's Congress (NPC) plays in China's political system, particularly in legislation. According to Mezey's study (Comparative Legislatures, 1979), he defines ‘minimal legislatures’ as being characterised by having little or no policy-making power and being more supported by the elite. The assumption is that the NPC is a minimal legislature, acting as a rubber stamp for the executive. This study is used to test this assumption. The findings show that the NPC does play an important role in the whole political system, especially in legislation, though the NPC has typically been under the control of China's Communist Party. The findings also call into question the continued applicability of Mezey's classic typology legislatures given the development of the Chinese legislature. A new approach for classifying legislatures is introduced based on the institutionalisation and professionalisation of a legislature.     

完善网络游戏立法的若干思考

网络游戏给不少青少年带来了种种危害,游戏中如账号被盗,密码遭窃,游戏中的道具、装备失踪等问题不断出现。网络游戏的发展不仅是一个技术问题,更是一个法律问题,因此,应尽快完善游戏立法,以保证网络游戏的健康发展。     

拒绝履行的理论问题

大陆法系自罗马法以来,拒绝履行一直未被纳入债务不履行的体系之中,直到"积极侵害债权"概念的提出,拒绝履行作为积极侵害债权的一种形态才首次被学说和司法实践所承认。本文从拒绝履行的概念入手,厘清与其它相关概念的区别,对大陆法系和英美法系中拒绝履行制度进行考察。最后,结合我国拒绝履行制度存在的问题,提出了一些具体建议。     

Climate politics in hard times: How local economic shocks influence MPs attention to climate change

Most countries struggle to implement CO₂ reducing policies. Implementation is politically difficult since it typically forces politicians to trade-off different concerns. The literature on how parties and members of parliament (MPs) handle these trade-offs is sparse. We use structural topic models to study how MPs in an oil dependent environment responded to a shock in the oil price that created spatially concentrated costs of climate policies. We leverage the rapid oil price drop between parliamentary sessions and MPs’ constituency adherence in a difference-in-differences framework to identify if MPs respond differently to variation in the salience of trade-offs. We find that MPs facing high political costs of climate policies tried to avoid environmental topics, while less affected MPs talked more about investments in green energy when the oil price declined. Our results suggest that the oil price bust created a ‘window of opportunity’ for advocates of the ‘ green shift’.     

上市公司协议收购的弊端及立法治理对策

上市公司协议收购是我国上市公司资产重组中唱主角的收购方式 ,也是立法规范最缺乏、操作适用中产生问题最多的收购方式。为此 ,本文概括论述了协议收购现存的主要弊端 ,具体提出了加强立法规范的建议和对策 ,期望促进我国证券收购法律制度的完善和发展。     

Democratizing a Dependent State: The Case of Afghanistan

The post-Taliban democratic reforms in Afghanistan were in part a recreation of the past. Afghanistan has had six constitutions between 1923 and 1990, and most have provided for national assemblies and elections in one form or other. Yet the degree of foreign involvement in the most recent reform process was unprecedented. The heavy foreign hand contradicted the promise of national autonomy, representation, and fair process held out by the democratization agenda. By implicitly devaluing the institutions it sought to promote, the democratization process has also had potentially counterproductive effects. Moreover, while promoting democratization, Western governments simultaneously created a state so dependent on external support that it deprived the critical institution of liberal democracy – the legislature – of its meaning. The logical response of the national assembly has been to engage mostly in politics with symbolic or nuisance value. This study focuses on three areas of political reform: the structuring of the interim administration, the promulgation of a new constitution, and the establishment of the legislature.