贯彻习近平法治思想建设高质量的制度体系

习近平法治思想对新发展阶段全面依法治国作了重大部署,强调提高国家制度竞争力,以"中国之制"支撑"中国之治"。高质量制度体系是坚持和完善中国特色社会主义制度的重要举措;是遵循制度建设规律、持续保持制度显著优势的必然要求;是满足人民新时代需求、全面实现国家治理现代化的可靠路径;是凝聚改革发展共识、稳步推进现代化强国建设进程的坚强保障。应当准确界定高质量制度体系的内涵、确定其实质与形式评价标准,并在中国特色制度逻辑框架内,提出建设高质量制度体系的具体构想:坚持党的集中统一领导与尊重人民群众的首创精神的统一;坚持问题导向、目标导向和结果导向的统一;尊重制度建设的规律性与民主性的统一;坚持类型化与协调性的辩证统一;坚持制度的评估机制与自我调节机制的统一;坚持制度的稳定性与创新性的统一。     

Charismatic female leadership and gender: Pia Kjærsgaard and the Danish People's Party

ABSTRACT

Research on the leaderships and electorates of populist right-wing parties emphasizes that most of these parties are charismatic and male-dominated, both as regards their leaderships and their voters. However, while studies about the gender gap focus mainly on demand-side factors, such as electoral support, socio-economic characteristics and the voters’ attitudes towards issues such as immigration, those that analyse the role and position of gender issues are still rare. Similarly, or even more, overlooked is an analysis of the rhetoric, style, charisma and discourse of populist female leaders, such as those representative of two now well-established Scandinavian populist right-wing parties: the Dansk Folkeparti (DF, Danish People’s Party) and Norway’s Fremskrittspartiet (FrP, Progress Party). Both parties have long been led by women although Pia Kjærsgaard of the DF recently stepped down, leaving the party leadership to Kristian Thulesen Dahl, a man of the younger generation of party members; Siv Jensen in Norway smoothly followed the long-term and charismatic leadership of Carl I. Hagen in 2006. The main focus of the paper, however, is on Pia Kjærsgaard, discussing the role gender plays in relation to her style, rhetoric and/or discursive strategies, but also in the gendered constructions featured in the Danish mainstream media. In the article, Meret also refers to the case of Marine Le Pen and the Front national (FN) in order to consider whether the Nordic cases represent a specific framework for female leadership, highly influenced by context and opportunity.     

On Trojan Horses and revolving doors: Assessing the autonomy of national officials in the European Commission

National officials working in international bureaucracies regularly invoke the fear that member states strategically use such officials for influencing decision making and agenda‐setting to their advantage. This article theoretically analyses conditions under which the autonomy of national civil servants in international bureaucracies might become compromised. The ensuing predictions are then tested using a unique survey among seconded national experts (SNEs) in the European Commission (N ≈ 400). Finally, evaluating the characteristics linked to reduced autonomy among SNEs in the Commission, the article illustrates that these officials are, in practice, likely to be relatively independent from member state influence.     

Sexually violent predators and civil commitment: is selection evidence based?

Sexual offenses represent an alarming proportion of crimes committed yearly. To address these concerns, several states, including South Carolina (SC), have enacted laws requiring sexually violent predators (SVPs) to be civilly committed to treatment. To date, no published study has examined sexual offenders recommended for treatment in SC. This study used a specially designed statewide database (SC-SVP research database) to determine which offender and offense characteristics were associated with increased likelihood of being recommended for civil commitment. Factors correlated with being more likely to be recommended included: being of a younger age at time of evaluation, prior sex convictions, having related and unrelated victims, a higher number of victims, frequent substance use, and a history of suicide attempts. Prior sex convictions, having both related and non-related victims, and a higher total number of victims align with characteristics associated with sexual recidivism. Frequent substance abuse and a history of suicide attempts do not mirror previous findings regarding sexual recidivism. These findings present new information regarding the civil commitment process of offenders being committed to the SC-SVP treatment program, characterize types of offenders committed to SC-SVP treatment program, and provide a foundation for using a computerized database in conducting sex offender research.     

Mental Capacity Act,Anorexia Nervosa and the Choice Between Life‐Prolonging Treatment and Palliative Care: A NHS Foundation Trust v Ms X

The Court of Protection decided in A NHS Foundation Trust v Ms X that an anorexia nervosa patient lacked the capacity to refuse treatment for her eating disorder, but that it was not in her best‐interests to be subject to force‐feeding to prolong her life. The Court, vindicating previous judgments in similar cases, considered that the eating disorder rendered the patient incapable of deciding on nutrition and, therefore, that she lacked the capacity to refuse treatment for anorexia nervosa. This paper questions the narrow way in which the patient's decision was characterised by the Court in this and previous cases, which led to an application of the Mental Capacity Act 2005 that is incompatible with the UN Convention on the Rights of Persons with Disabilities because, based on a diagnosis only, anorexia nervosa patients were denied the right to decide where the balance lies between quality and duration of their own lives.     

Differences in Handwritings of Schizophrenia Patients and Examination of the Change after Treatment

The aim of this study was to analyze the differences between the handwritings of schizophrenia patients and healthy subjects in addition to the changes that occurred in schizophrenia patients' handwriting in response to the treatment. The test subjects were 29 schizophrenia patients and 29 healthy individuals with the same age, gender, and dominant hand. The changes in the handwritings were examined according to 14 different parameters. On the day of admittance, the percentage of extra letters was 16.7%, and after 7–10 days of hospitalization, it rose to 33.3%. The percentage of skipped words decreased from 29.2% to 16.7% after 7–10 days of hospitalization, and to 10% after 3 weeks. The letters written by schizophrenia patients are significantly larger in height and width compared to the control group. The schizophrenia patients showed a higher incidence of crossed-out letters, adding extra words, missing punctuation as well as missing words.     

国际习惯法在我国入宪探讨

由于历史、政治、效力、认识等原因,国际习惯法在我国宪法中缺失,但无论从法理因素还是从现实状况来探讨,国际习惯法都有在我国入宪的必要性。国际习惯法的效力问题非国际法问题而是国内法问题,这可以从一些典型国家的做法中看出。国际习惯法在我国入宪应采取并入与转化相结合的方法,同时对于其在国内法中的效力应看不同情形予以区别对待。     

徐悲鸿在桂林(上)

从上世纪三十年代中期起到抗日战争期间,徐悲鸿曾经六次来到桂林,前后流寓两年左右.在此期间,他以极大的爱国热情和杰出的艺术才华,描绘秀美无比的桂林山水,投身桂林抗战文化城的各种美术和救亡活动,留下许多佳话.     

边疆民族地区精神文明建设方法论的理论思考

坚持马克思主义历史观和价值观相统一的科学方法论指导边疆民族地区的精神文明建设具有重要的意义,在边疆民族地区的精神文明建设中必须坚持历史观和价值观的统一.