立法过程中专家咨询制度的多维面相

我国正处于全面建设小康社会的关键时期,利益多元化与利益失衡现象并存。如何有效地回应社会需求,避免立法疏误,提高立法品质,增强立法的正当性是立法主体必须面对的问题。专家咨询制度具有多维面相,从政治民主的角度看是立法民主的表现,从科学决策的角度看是立法科学的保证,从法治的角度看是立法合法的要求,从公共治理的角度看是立法正当的期待。全面认识和把握专家咨询制度的多维面相,有助于充分发挥其在立法过程中的功能和作用。     

审判公开的限度——以未成年人刑事审判为例

为了保护未成年人利益,对未成年人刑事案件不公开审判,这是审判公开原则的例外.其基本含义是审判过程不公开,其衍生规则包括:诉讼材料不公开、判决不公开、对其媒体报道要进行限制.但是,未成年人刑事案件不公开也是有限度的,必须在与正当程序、被告人利益、新闻自由等利益平衡后确定是否公开审判,以确保未成年人利益与公众知情权的合理平衡.     

马克思“自由时间”思想的形成历程

从马克思自由观的转变来考察其自由时间思想的形成历程,大致经历了三个时期:萌生时期、初步形成时期及成熟时期。在第一时期,马克思还未关注到自由时间,但他的自由观为后两个时期奠定了坚实基础;在第二时期,自由时间开始进入马克思的视野,自由时间思想初步形成;在第三时期,他系统地阐述了自由观,自由时间思想也逐渐成熟与完善。     

论高校学生违纪处理的正当程序

作为一项宪法原则的正当程序,如今已扩展适用至所有权力行使领域。高校学生违纪处理也需要树立正当程序的理念,以查清事实、吸纳不满情绪、增加对处理结果的接受度。高校学生违纪处理正当程序包括以下几方面的要求：处理依据的合法性、公开性,学生申辩权的保障,违纪处理中的以人为本原则以及完备的违纪处理救济途径。     

The artist as a medium and the artwork as metaphor in Murakami Haruki’s fiction

Abstract

In many of Murakami Haruki’s works, the protagonist is in a profession close to the world of literature, although usually not exactly a writer. In their role as translators, advertising copywriters, journalists, or editors, Murakami’s protagonists are invested with the task of rearranging fragments of reality into narrative or artistic form, and/or of transmitting a message. This process is emotionally charged, often involving a supernatural dimension. While the process of reconstructing a narrative is largely unconscious, the narrator’s choice to act in this capacity is deliberate, and is presented as a way of fulfilling his responsibility towards others. I read this element as an expression of Murakami’s vision of the role of a writer in society. The figure of the artist-narrator takes an interesting form in Kishidanchō-Goroshi (Killing Commendatore, 2017), where the protagonist, a visual artist specialising in realistic portraits, decides to pursue a more creative approach to painting that leads him to a series of supernatural adventures. Through a close reading of the novel, this article investigates how Murakami’s portrayal of the artist as a shaman-like figure functions like a metaphor for the role of the literary author as a catalyst that enables people to connect with their inner self and with each other.     

Strategy of Chinese policy entrepreneurs in the third sector: challenges of “Technical Infeasibility”

Studies of policy entrepreneurs have become a staple of public policy research. Very few such studies deal with the circumstances of China. This paper aims to remedy this oversight by exploring the mechanisms of policy change in China. Using John Kingdon’s Multiple Streams (MS) Model, the author develops the “Technical Infeasibility Model.” The paper tests the MS model’s applicability to China by examining strategies put forth by Chinese policy entrepreneurs in the third sector. It considers how they may successfully promote change by using a strategy of proposing a relatively radical policy concept that is politically acceptable and technically infeasible to policy makers. To illustrate such a strategy, this paper considers a case of policy change involving Chinese urban vagrants. The policy on “Detention and Repatriation,” which was first implemented in 1982, was challenged following the Sun Zhigang Incident in March 2003. Shortly thereafter law scholars filed two suggestion letters to the National People’s Congress Standing Committee calling for a constitutionality review of the Detention and Repatriation System. Though it was “technically infeasible” to air such a proposal in China at that time, the State Council initiated action to abolish certain provisions of the Detention and Repatriation System. However, the National People’s Congress Standing Committee did not conduct a constitutionality review.

Challenging U.S. Policymakers' Image of an Isolationist Public

A persisting question in international studies is whether academic research can have an impact on the making of foreign policy. Much research has shown that policy decisions can be greatly influenced by misperceptions, just as much as by objective factors. The article describes an effort by academic researchers to challenge U.S. policymakers' image of an actor in the U.S. foreign policy process—the American public. The study's focus was a widely held assumption in the U.S. foreign policy community that the American public in the wake of the Cold War was entering a renewed phase of isolationism, similar to the interwar years. The study first interviewed policy practitioners on their perceptions of the public, then performed a comprehensive review of existing polling data, and finally conducted new polls with input from policymakers themselves. The net result of the elite interviews and the analysis of public attitudes revealed a significant gap in all areas, which is presented in synopsis. Interviews with policy practitioners reveal two key dynamics that could well contribute to policymakers' misreading the public: a failure to seek out information about the public and a tendency to assume that the vocal public is representative of the general public. Indications that the study did have some impact on the thinking of policy practitioners are discussed in the conclusion.     

涉案财产处置程序的完善——以审前程序为视角的分析

近年来,中国司法同时步入扫黑除恶和企业产权保护的元年,针对审前程序中涉案财物处置乱象问题,有必要厘清与规范涉案财物处置相关的制度与程序,强化民营企业产权司法保护。应当正确界定涉案财产的概念与范围,合理把握涉案财物的处置方式和处置标准,在区分程序性处置和实体性处置的基础上,从职能、权力和程序三个方面强化审前涉案财产处置的控制体系。为了应对实践中存在的处置任意化、程序偏行政化、移送和保管混乱等问题,应以取证规范化为基础强化涉案财物的审查认定,丰富涉案财物的保全措施体系,对审前处置程序进行正当化改造,建立和完善涉案财产集中管理制度。     

If I'll win it,I want it: The role of instrumental considerations in explaining public support for referendums

Across established democracies, citizens express high levels of support for decision making via referendums. What drives these preferences remains yet unclear. In this article it is argued that, first, process preferences are less stable than previously assumed but vary substantially across policy proposals. Second, it is suggested that instrumental considerations play an important role in shaping citizens’ preferences for referendums. Specifically, citizens who favour the policy proposal or believe that they hold a majority opinion are expected to express more support for the use of referendums. An original survey was designed and conducted in the Netherlands (N = 1,289) that contains both between and within respondent variation across a range of policy proposals. The findings support these arguments: Both the desire for a specific policy change and the perception of being in the majority with one's policy preference relate to support for the use of referendums across policy proposals, levels of governance, and between and within respondents. This study contributes to a better understanding of process preferences by showing that these preferences have a non-stable component and that instrumental considerations play an important role in citizens’ support for referendums.     

The Origins of the European Coalition for Vision: Exploring the Formation of a Network

Despite growing interest in EU-level transnational networks, there is little understanding about how these form. This article investigates the formation of one network—the European Coalition for Vision (ECV). Using document analysis of 100 email exchanges, 12 semi-structured interviews, and observation of 5 ECV meetings, it identifies environmental and organizational triggers, most important to the creation of the ECV. Findings show that while environmental triggers played a role in ECV formation, organizational triggers were crucial. In particular, the presence of network leaders, a network entrepreneur and a network mentor were vital for the successful creation of the network.