司法相关权力视角下的司法改革方案

通过对指数报告进行统计数据和测试题目两个层面的分析,可以发现司法改革方案需要注意的几个问题:司法改革方案的整体性、配套性、正当性、有效性的改革方向和更多的具体课题,应充分考虑地方性的特殊因素,确保司法改革方案的讨论、确定程序的参与性。     

Keynes,Friedman, or Monnet? Explaining parliamentary voting behaviour on fiscal aid for euro area member states

This article investigates the determinants of parliamentary support for international fiscal aid. Departing from the literature on presidential systems, it analyses an exemplary case of a parliamentary system, Germany. Two theoretical accounts are distinguished. The first perceives MPs as policy-seekers and focuses on the positioning of government and opposition parties and individual MPs on an economic left?right and a pro- versus anti-EU dimension. The second regards MPs as vote-seekers and presumes an electoral district connection. The statistical analysis of a new data-set containing information on 17 Bundestag roll-call votes from 2009 to 2015 finds support for the first account: voting in favour of fiscal aid measures is mainly driven by government membership and EU support. By contrast, neither economic ideologies, nor district or mandate characteristics influence support for fiscal aid. The article contributes to a growing literature on the domestic politics of international political economy.     

政治领导与大国崛起安全

道义现实主义国际关系理论的核心原理是:决定大国兴衰的根本原因是大国的政治领导力,其本质是一国政府为适应不断变动的国际国内战略环境而进行改革的方向、决心与能力。根据道义现实主义原理,中国综合国力居世界第二位是中国制定崛起目标和策略的基础,符合国力基础的目标和战略就易于成功,而超越实力基础的目标和战略则会削弱中国的实力。道义现实主义认为,外交承诺与实力保持一致有利于提高国际战略信誉,从而减少国际社会对崛起国的恐惧和反对;为周边国家提供安全保障可获得对崛起国的战略支持;为减少崛起的国际阻力,崛起国应在新兴领域拓展利益范围而尽量避免在传统领域的利益冲突。在信息化时代,在网络空间拓展中国国际战略利益应成为中国主攻方向,网络战略应采取"走出去"原则而非为了安全的防御原则。在外部威胁不足以颠覆中国崛起的情况下,为防止中国的崛起半途夭折的重点将是防范国内的极左陷阱。"台独"正在成为中国崛起面临的首要威胁,中美在南海的战略竞争将长期化,朝鲜拥核是中国的东北亚地区政策无法回避的既成事实。     

中国古代侦查谋略探源

中国古代侦查谋略极为发达,主要原因有三个方面:一是古典哲学的产生为侦查谋略的发展奠定了理论基础;二是权谋之争和频繁的战争为侦查谋略的运用提供了实践基础;三是后人对前代的学习与继承是侦查谋略发展的力量之源.     

Power of the law or power of the sword: the conflictive relationship between the executive and the legislative in nineteenth-century Peru

ABSTRACT

The Peruvian parliament was a central institution in the early republic, but so far very little has been written on its history. This is due to the fact that military leaders took control of power for most of the nineteenth century. This article reflects on three main questions: what was the role of the legislative in nineteenth-century Peru? What was its relationship with the executive power? And what part did conflict play in these relationships? Most initial congresses were tasked with writing up constitutions, because institutions had to be created, and there was a strong belief that having a written charter mattered. The strongmen who took power felt the need to obtain legitimacy from both constitutions, and elections, but often did not see eye to eye with congress. This led congress to be closed, particularly when legislators refused to bow down to presidential power.     

The EU–South Africa Strategic Partnership: Waning affection,persisting economic interests

ABSTRACT

Ten years after the coming into force of the EU–South Africa Strategic Partnership, this article takes stock of this partnership. Our aim, within this special issue, is to assess the EU’s perspective on its strategic partnership with South Africa, and in particular to look at economic and development cooperation within the partnership and to what extent European expectations of closer engagement have been met. Our analysis shows that economic interests have remained central to bilateral relations and the strategic partnership, even if some potential for economic engagement has remained unexploited. At the same time, the relationship has been quite tense in recent years, as bilateral ‘affection’ at the political level has waned. The implications for the partnership are weighed.     

环境权力与权利的重构——论民法与环境法的沟通和协调

市场经济的中国需要符合市场机制的环境法 ,环境权力与环境权利的重构因此而获得了理论与现实的意义 ,环境保护需要政府与市场的共同作用 ,需要将国家环境权力与公民环境权利相结合的环境法律制度 ,需要民法与环境法的沟通和协调     

The Control of Police Powers

This article points to a frequent feature in debates about the control of the police. Aside from cultural and political characteristics in the last decades, policing has changed and at present it is going through a stage of rapid change. The author defines the historical roots of police in democracies. He places the police within the framework of the sovereign state, the administration, the judiciary and the citizens. The state's control of police powers is described in its interdependency with new demands on the part of citizens regarding micro (domestic sphere/neighbourhood/community) and macro (urban sphere/state/European) levels. On a European scale, the article provides an oversight over the existing network consisting of internal, administrative, parliamentarian, judiciary, and civil (non-government/social movements) control agencies and mechanisms. In its conclusions the concept of ethical standards is introduced as a means of effective high-quality police management.     

Parliamentary Scrutiny of Delegated Legislation: Lessons from Comparative Experience

Recent years have seen an increase in the use of delegated legislation to implement major policy decisions in the UK. This has exacerbated the longstanding criticism that Westminster lacks sufficiently robust procedures for parliamentary scrutiny of delegated legislation. However, the UK is not the only country to use delegated legislation, or to face the challenge of ensuring it receives adequate parliamentary scrutiny. This article therefore places the UK system in wider context by comparing it to six other national parliaments. We highlight one comparative strength of the UK system, two weaknesses it shares with the other six cases, and one way in which the UK might learn lessons from elsewhere. Overall, our evidence suggests that no one country offers a clear template for more rigorous parliamentary scrutiny of delegated legislation. Successful reform of the UK's system is likely to require creative procedural innovation.     

后金融危机时代的全球地缘政治变局与中国的机遇

源于美国次贷危机的全球金融危机对世界格局产生了深远影响,国际体系正经历着冷战结束以来最大的地缘政治变动。后危机时代,国际体系将发生一系列深刻变化:新兴大国群体崛起,传统大国趋向衰落,国际战略力量分化重组,多极化发展到一个新的阶段;中美力量对比发生此消彼长的重大变化,中美关系将成为今后一个时期全球最重要的双边关系;大国关系趋向缓和,全球和地区地缘对抗色彩淡化;国际秩序酝酿结构性调整,中国面临历史性机遇。