浅论刑事和解与刑法基本问题之关系

我国司法机关在对"刑事和解"进行摸索并取得不少成功经验过程中,既得到了一定程度的认可,同时也遭受着诸多质疑。我们认为刑事和解符合刑法的三大基本原则和刑罚的目的、功能,与我国"宽严相济"和"严打"等主要刑事政策也不相冲突,应作为一种新制度和新理念加以确立。     

Advancing measures of innovation in the United States

This paper introduces major themes addressed in this special issue, which is based on NSF's Division of Science Resources Statistics (SRS) workshop Advancing Measures of Innovation—Knowledge Flows, Business Metrics, and Measurement Strategies, held on June 6-7, 2006 near Washington, D.C. The first two sections describe the workshop and provide a brief background on R & D and innovation metrics. The last section introduces the papers. They are based on selected workshop presentations along with additional invited papers.

Economics of court performance: an empirical analysis

This paper proposes an empirical analysis of Spanish court performance using the economic approach. An econometric model will be estimated in order to answer two basic questions: (1) why some courts’ output it is greater than others? (2) Could courts produce a higher output using their actual resources? In addition it will be determine, by means of an analysis of variance (ANOVA), whether courts showing higher than average output have dictated resolutions with a higher reversal rate.     

Politics and Corporate‐Sector Environmentally Significant Actions: The Effects of Political Partisanship on U.S. Utilities Energy Efficiency Policies

This study assesses the direct, indirect, and total impacts of political partisanship on state‐level utilities' investment in energy efficiency. This subject is of utmost importance because energy efficiency improvement has become a linchpin in worldwide efforts to combat climate change and other environmental challenges. Analysis of data on 51 electric utilities nested within 31 U.S. states indicates that political partisanship influences utilities' energy efficiency policies. There is strong evidence that electric utilities in states dominated by the Republican Party are less likely to invest in energy efficiency than those in states governed by the Democratic Party. This finding suggests that political partisanship may be shaping the policy and regulatory frameworks put in place by state governments to incentivize or compel the participation of private‐sector entities' in environmental management and/or resource conservation.     

Domestic regulatory reform and transgovernmental networks: Brazil and China in the global competition regime

Developing countries increasingly participate in transgovernmental networks of global regulatory governance, but they do so in different ways. This article aims to provide an explanation for this variation for two of the major emerging powers in the world economy, Brazil and China, in their transition toward more active players in the global competition regime. Distinguishing between bilateral and multilateral transgovernmental networks and examining the domestic factors conditioning the transition of their national competition agencies from rule-takers to rule-promoters or rule-makers through these networks, the article makes theoretical contributions to the linkage between transgovernmentalism and the regulatory state. I argue that differing political needs and the incomplete process of regulatory state formation push domestic agencies to join transgovernmental networks, with a need for greater legitimacy steering the Brazilian regulators to multilateral networks and facilitating their transition from rule-takers to rule-promoters. The Chinese agencies' primary need for expertise rather than legitimacy, by contrast, led them to pursue technical assistance and cooperation via bilateral relationships. The Chinese approach has slowed its transition from rule-taker to rule-promoter where its norms and practices are aligned with the established powers. Such approach will further impede its transition into a global rule-maker in areas of competition law and policy where China's preferences diverge.     

Private authority and public policy interactions in global context: Governance spheres for problem solving

Private organizations play a growing role in governing global issues alongside traditional public actors such as states, international organizations, and subnational governments. What do we know about how private authority and public policy interact? What are the implications of answering this question for understanding support for, and effects of, policy development generally? The purpose of this article is to reflect on these questions by introducing, and reviewing, a special issue that challenges explicit claims, and implicit methodologies, that treat private and public governance realms as distinct and/or static. We do so by advancing a theoretical and conceptual framework with which to explore how the contributions to this special issue enhance an understanding about governance interactions across a range of empirical, sectoral, and regional domains. We specifically introduce the concept of governance spheres to capture the proliferation of issue domains denoted by highly fluid interactions across public and private governance boundaries.     

The symbiotic tensions of the regulatory–carceral state: The case of cannabis legalization

Recent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory-building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long-standing patterns of using drug law as a means for racialized social control.     

退休政策的经济学分析及调整

退休政策通过影响劳动力的投入和养老负担对社会产出和就业人口、退休人口的福利水平产生影响，因此要对退休政策进行调整须进行较为充分的经济论证。研究对单人经济的退休年龄分析显示：存在一个基于个人一生效用最大化的“最佳”退休年龄，可合理平衡一生总产出和退休后的休闲。同理，一个多人经济社会也存在一个平均的“最佳”退休年龄。研究的结论如下：现有的退休年龄政策背景下，中国将面临日益沉重的养老负担，说明中国的退休年龄政策亟须调整；延迟退休年龄至少在长期对就业无负面影响，且可增加GDP:将暂时多余的社保基金用于金融投资无助于社会养老负担的缓解，养老金空账运行并无问题。为完善中国的退休政策，研究提出适时延长退休年龄、提高养老金标准和降低养老保险费率、对职工上缴的养老保险实施记账等建议。     

英美银行保密义务规则的冲突与制衡

以英美国家的判例法为基础,分析银行对客户的保密义务规则的冲突与制衡,最后针对这些利益冲突提出制度设计方案。     

工会理论政策研究的地位与作用论纲--兼论全国总工会理论政策研究的方向与方法

工会理论政策研究性质,首先是政治理论政策研究,又是经济理论政策研究,同时也是社会理论政策研究.改革开放以来,尽管中国工会理论政策研究已有相当成就,但就不断深化的改革事业以及工会运动的客观需求而言,其作用还是相当的不足或滞后.加强和改善工会理论政策研究,是实现工会工作市场化的基础和前提.全总的理论政策研究应该具有实践的前导性和理论政策的敏锐性,还应该实现学科化和社会化.