论中国近代法观念的转变

观念是一定社会法律现象、法律制度、法律运行模式的理性概括。中国近代的法观念是在中国传统法观念与外来法文化的冲突、扬弃中形成的。治外法权的丧失、太平天国运动对封建法观念的摧毁、清统治者对封建法观念的破坏、新的生产方式的出现是其产生的历史土壤。其内容主要是礼法分野、诸法并重、肯定个体的权利、司法独立等。中国近代法观念的转变为清末法律改革运动提供了思想基础,对民族救亡运动、中国民族资本主义的发展均具有促进作用。     

Q&A in legislative oversight: A framework for analysis

Parliamentary questions are an essential tool of legislative oversight. However, the extent to which they are effective in controlling the executive remains underspecified both theoretically and methodologically. This article advances a systematic framework for evaluating the effectiveness of parliamentary questions drawing on principal–agent theory, the public administration literature on accountability and communication research. The framework is called the ‘Q&A approach to legislative oversight’ based on the premise that the study of parliamentary questions (Q) needs to be linked to their respective answers (A) and examined together (Q&A) at the micro-level as an exchange of claims between legislative and executive actors. Methodologically, the Q&A approach to legislative oversight offers a step-by-step guide for qualitative content analysis of Q&A that can be applied to different legislative oversight contexts at different levels of governance. It is argued that the effectiveness of Q&A depends on the strength of the questions asked and the responsiveness of answers provided, which are correspondingly operationalised. To illustrate the merits of the approach, the article includes a systematic case study on the relationship between the European Parliament and the European Central Bank in banking supervision (2013–2018), showing the connection between specific institutional settings and the effectiveness of parliamentary questions.     

Appealing broadly while appearing unified: Resolving an electoral dilemma

Political parties have an electoral incentive to appear ideologically unified, but also to appeal broadly to different groups of voters with diverse preferences. This paper suggests that parties respond to both incentives through the distribution of candidate issue positions. Members of Parliament (MPs) are responsible for their party's national reputation and thus rarely take positions that diverge from those of their party. Non-incumbent candidates, on the other hand, are mostly visible within their electoral district and thus more likely to diverge from party positions that are unpopular among their constituents. These possibilities are tested with candidate position taking data from nine voting advice applications in Denmark, Finland, Ireland and Switzerland. The results are consistent with the theoretical expectations and have important implications for the way representation works in parliamentary democracies as well as for the broader literature on the topic.     

The European Parliament as an actor in EU border policies: its role,relations with other EU institutions,and impact

This contribution focuses on the European Parliament (EP) as an actor in European Union (EU) border policies. It situates the Parliament in the dynamics of the Schengen project and discusses the distinct role it plays therein, as well as its impact thereon. The article argues that the EP managed to establish itself, years before the entry into force of the Lisbon Treaty, as a credible actor in border policies able to bring the citizens’ perspective into EU border policies. With its keen interest in the Schengen area as an area in which citizens can move freely without being subject to border controls, and with its focus on fundamental rights, it played, and continues to do so, a role in ensuring that “Schengen works”. The article presents its powers and the interplay with the other EU institutions, mainly on the basis of a number of key examples.     

The Universal Adversary will attack: pigs,pirates, zombies,Satan and the class war

This article explores a category to have recently emerged out of the national security state: the Universal Adversary. The category appears in emergency planning documents and suggests a new way of thinking about the enemy that is becoming embedded in the logic of security and emergency. However, the radical expansiveness of the category offers new possibilities for thinking about the “universality” with which the enemy of bourgeois order has historically been considered and offers new ways of connecting this universality with a particular figure: the disgruntled worker.     

Sex,lies and rigged returns – the Kerry county parliamentary election of 11 June 1634 and its consequences

The 1634 Kerry county election involved the mis-return by the deputy sheriff of the Protestant father-in-law of the sheriff, rather than the Catholic John FitzGerald, a member of the local gentry. FitzGerald successfully appealed the return and was elected MP; however, the injustice of the original return rankled and, combined with a bitter existing family dispute with FitzGerald’s brother-in-law Patrick FitzMaurice, Lord Kerry and Lixnaw, led to accusations of sexual infidelity and a ruinous case in the Irish equivalent of the English Star Chamber. FitzGerald’s subsequent return in a by-election in 1640 formed part of the downfall of the Irish Lord Deputy, Sir Thomas Wentworth, Earl of Strafford. This study of the 1634 Kerry county election also forces a revision of the accepted view of Wentworth’s conduct of all the elections for that Irish parliament, with consequences for an understanding of the early stages of his deputyship.     

深化“放管服”改革的重点与方向——基于机构改革的分析视角

当前的“放管服”改革取得了重大进展,形成了一些经验和共识。“放管服”改革应当以机构改革为契机,理顺两者之间的内在关联,契合机构改革的现实需要,展现新的时代使命。“放管服”改革要适应机构改革凸显五项核心职能、致力精简效能、坚持以人民为中心等特点,紧紧围绕系统化的现代政府职能体系、标准化的现代服务政府、智能化的未来发展、精准化的个性服务等方向展开,找准深化改革的最佳切入点。     

Detection Rates, An International Comparison

Within Europe detection rates vary considerably. The differences are too large to be explained purely by the ability of the police to solve cases. In a study covering nine European countries many other factors (external, organisational and technical factors) influencing the detection rate are identified and the influence is empirically made plausible. Next, a comparison is made between the punishment rate and the detection rate. The fact that punishment rates are more stable is explained by the difference between a crime oriented and an offender oriented approach. Also a link is made with the discretionary powers of the police and prosecution.     

肯尼亚的纳税人诉讼——公共资金支出权的司法审查

尽管肯尼亚设计了精巧的宪法机制控制公共支出,但肯尼亚公共资金管理不善的情形仍然大量存在.在肯尼亚政府公共资金支出的政治调控远远不够的情形下,法院接受纳税人诉讼以阻止公共资金的非法支出所引起的对公众的损害.纳税人诉讼是指任何已经为其不动产或动产缴纳了税收的人代表所有的纳税人所提起的诉讼.法院享有足够的裁量权去决定哪些案件里纳税人有诉讼资格,这使法院能够在对政府行为进行审查和保证政府正常运作之间保持平衡.纳税人诉讼将不仅大大有助于对公共支出的控制,而且也给予政府足够的财政空间实施其任务.