培育居民消费能量 做大经济发展正力

消费对经济发展具有极其重要的作用。要发挥消费对经济发展的正力,需要积极培育居民的消费能量,这正是拉动内需、启动消费的关键所在。基于居民消费影响因素的实证检验,得出居民收入状况是居民消费能量得以释放最大的制约因素。只有增加居民收入,藏富于民,做好社会保障等工作,才能培育居民的消费能量,做大经济发展的正力。     

公权力优位文化对我国检察制度改革的影响

公权力优位是中国权力文化的特点之一。尽管当代社会在生产方式、社会结构及伦理基础方面均发生实质性变迁,但公权力优位的传统文化至今仍然深刻禁锢并影响着现代人特别是广大官员的思维模式、行为习惯和交往方式。比如过度适用刑法解决民事行政事务、“官本位”思想及公权力过度介入市民社会等都是典型例证。当前,检察制度改革应当以公权力优位传统文化为突破口,在刑事诉讼中要注意宽缓刑事政策的适用和加强人权保障;要进一步强化检察机关对职务犯罪的侦查权力;进一步拓展和加强检察机关对行政权的检察监督,把行政权力“装进”制度的“铁笼里”。     

Analysing Local Policy Agendas: How Dutch Municipal Executive Coalitions Allocate Attention

Abstract

This article provides an analysis of the allocation of attention to policy problems on the local level, focusing on the executive agenda of six municipalities in the Netherlands over a 25-year period. It reveals that there is specifically a local politics of attention, showing differences between national and local policy agendas in specific policy areas. We did not find evidence that the political composition of the local executive coalitions leads to agenda differences, revealing the more problem-oriented and pragmatic nature of local politics. We did find evidence of an effect of institutional arrangements between national and local government on shifting patterns of attention, such as due to decentralisation. This shows that the local politics of attention is limited in scope and conditioned by the functions of local government and the institutional arrangements of policy making in the Dutch decentralised unitary state and that rearrangements affect these patterns of attention.     

Going beyond the Roman dictator: a comprehensive approach to emergency rule,with evidence from Latin America

The aim of this article is to contribute to the debate on emergency rule, a practice that democratic theory has struggled to conceptualize. Accordingly, this article differs from existing approaches, which mainly focus on the constitutional design of regimes of exception and tend to identify the institution of the Roman dictator as their source. In contrast, we offer a comprehensive approach, considering other historical sources of emergency rule, going beyond the dichotomy of constitutional and de facto emergency, and focusing specifically on the types of emergency powers involved: executive, legislative and judicial. We propose a different way of conceptualizing emergency rule, following a political rather than a constitutional logic, and we illustrate this different conceptualization by offering evidence from Bolivia, Chile and Guatemala to demonstrate how this comprehensive approach works in practice.     

Güler and Öngel v Turkey: Article 3 of the European Convention on Human Rights and Strasbourg's Discourse on the Justified Use of Force

This article discusses the discourse on the justified use of force in the Strasbourg Court's analysis of Article 3. With particular focus on the judgment in Güler and Öngel v Turkey, a case concerning the use of force by State agents against demonstrators, it addresses the question of the implications of such discourse, found in this and other cases, on the absolute nature of Article 3. It offers a perspective which suggests that the discourse on the justified use of force can be reconciled with Article 3's absolute nature.     

Is There a Difference? Exploring Male and Female Correctional Officers' Definition of and Response to Conflict Situations

Abstract

Although the use of force in corrections is a topic of interest, little is known about the factors that influence correctional officers' decisions. In particular, very little is known about similarities and differences between male and female correctional officers in their definitions of and responses to conflict situations. Interviews were conducted with 192 officers at a large southwestern jail. Using a realistic vignette of an inmate disobeying a direct order, 96 female and 96 male officers were asked about their perceptions in defining and responding to conflict. Results indicate that male and female officers react to conflict situations in a similar manner, although it appears that the inmate's sex is a salient factor in the officers' decision on how to resolve conflict.     

行政权的边界意识及其法律培植研究

行政权边界意识以哲学上的意识和边界意识为认识前提,以行政权本身为成立和运行载体,由行政权的执行者在头脑中形成与刻意.行政权边界意识的主要范畴主要包括：行政权与公民权的边界意识、行政权与共同公权力的边界意识、行政权的时空边界意识、行政责任与社会责任的边界意识.行政权边界意识的观念提升,宪法、法律以及判例对行政权与公民权边界的明确,公民权利意识对行政权边界意识的反致作用,是行政权与公民权边界意识的法律培植.而行政权与立法权、司法权边界意识以各自的权限为基本意识架构,在责任上,禁止行政责任之社会责任化承担.     

重作判决的立法思考与司法适用——以行政权和司法权的关系为视角

本文认为,行政权和司法权是分工合作、监督制约的关系,两者关系的定位是重作判决立法的重要考量,亦应是重作判决司法适用的判断依归.人民法院在厘清两者关系的同时,应充分发挥司法能动性,加强对行政权的监督和制约,注重行政诉讼重作判决的适法统一.     

Committees and Legislative Strengthening: The Growing Influence of Committees in Ukraine's Legislative Process

The Ukrainian legislature is in the process of transforming from a ‘rubber stamp’ institution of the Soviet type into an ‘institution that matters’ in a new democratic state. The practice of democratic institution building in the post-Soviet countries presents multiple examples of powerful executives who gained dominance in legislative processes. What path has Ukraine taken and what can explain its specific characteristics? This article charts the growth of committees here as a marker of legislative institutionalisation in Ukraine. The study finds that Ukrainian legislative committees defy prevalent regional trends and, contrary to expectations, have asserted independent roles. It then discusses factors that may account for this unique regional development – the role of a dual executive structure and the Ukraine party system.