论犯罪客体要件的重构

犯罪客体要件对准确定罪具有十分重要的意义。通说的犯罪客体理论存在严重缺陷,不足以承担犯罪构成要件之重任。为完善犯罪构成理论,本文在基本坚持通说犯罪构成的基础上,引入法益理论,实现对犯罪客体要件的重构,并具体阐述了犯罪客体要件的概念以及法益、法益主体、法益侵犯以及法益受到侵犯的程度等犯罪客体要件构成要素。     

Exploring the Effects of North–South and South–South Research Collaboration in Emerging Economies,the Colombian Case

International research collaboration (IRC) is associated with both positive and negative effects on the performance of research in emerging economies. While some authors claim that North–South collaborations improve scientific quality and visibility for Southern countries, others claim that it may entail the reorientation of research to comply with Northern agendas. South–South collaborations are thought to increase the focus on local affairs, therefore leading to a relatively small number of scientific international publications appearing in “high quality” journals. Research on the impact of IRC beyond publications in international journals has been neglected despite the importance of other products in knowledge creation. This research uses a broad range of scientific outputs to empirically assess such assumptions and explore the outcomes of IRC in Colombia. Results from multivariate regressions and nonparametric analyses show that, contrary to common assumptions, Colombian research teams collaborating with partners from the global South report higher scientific production, while those collaborating with Northern countries seem to contribute to local knowledge the most.     

‘Making democracy a reality’? The politics of decentralisation and the limits to local democracy in Ghana

Through a case study of Ghana, this article focuses on the relationship between decentralisation and local democracy. The Ghanaian constitution emphasises decentralisation as the key means to ‘making democracy a reality’, reflecting the view common amongst international development agencies that decentralisation enhances local democracy and leads to more responsive government. This article questions such views and investigates whether decentralisation in Ghana has led to increased political participation at the local level and to downwardly accountable local government. Empirical findings are two-fold. On the one hand, relatively high levels of participation in local democratic processes are indicated. On the other, accountability mechanisms have not been strengthened, with a number of limitations and shortcomings identified at local level that undermine citizens’ attempts to hold local government and their elected representatives to account. Yet, in seeking to explain this delinkage between participation and accountability, such local issues do not provide a full explanation. Attention is thus refocused on the national context, where structural obstacles to devolved government are identified in the form of legal, political, administrative and fiscal constraints. Such obstacles are not easily overcome, however, due to the politics of decentralisation, notably central government's reluctance to relinquish control over its powers. Recent proposals for reform in Ghana's decentralisation system are considered, but political change is unlikely given the built-in advantages to the ruling party, whichever is in power. Without such reforms, though, local democracy is likely to remain more appearance than reality.     

Is ‘good enough’ peacebuilding good enough? The potential and pitfalls of the local turn in peacebuilding in Timor-Leste

There is a palpable sense of humility within the United Nations and other international institutions regarding peacebuilding. Rather than seeking to implement the liberal peace, they now pursue the more modest goal of ‘good enough’ outcomes. This shift reflects a growing consensus in the critical literature that space needs to be provided for the local agency that will ultimately determine the outcomes of peacebuilding. At first blush this emphasis on local agency is positive; it offers an important correction to the technocratic and generally top-down nature of liberal peacebuilding. But, is the ‘good enough’ approach to peacebuilding good enough? What are the pitfalls and potential of the local turn? This article uses a case study of Timor-Leste to answer these questions. It finds that the local turn can help lend legitimacy to the state and increase opportunities for political participation and the delivery of public goods at the local level. However, the emerging evidence from Timor-Leste also highlights the pitfalls of the local turn. Most significantly, the state can transfer responsibility for public goods provision to the local level in order to lessen the burden on the state and to divert attention from ineffective or illegitimate central institutions.     

The Resource Curse Reconsidered: Cash Crops and Local Violence in Kyrgyzstan

It is often noted in resource curse literature that agricultural economies are less conflict-prone than countries managing mobile, high-value resources. In the vast literature linking resource endowment and conflict, cash crop economies are often considered immune to civil violence, believed to stand apart from the many horrific episodes of violence and civil war centered on “lootable” wealth (such as alluvial diamonds, tin, tungsten, or other conflict minerals). But many incidents of violence—especially local violence—are in fact occurring in cash crop economies. Drawing on newspaper accounts, policy analyses, ethnographic interviews, and in-depth reports by international organizations, I examine an episode of local violence in 2010 in Kyrgyzstan. Through this case study, the article provides a better understanding of local violence in cash crop economies that can apply to other weak states.     

司法解释场域的“央地矛盾”及其纾解——以“地方释法”为中心的分析

在以统一法制为目标的法律解释体制下,最高司法机关供给的司法解释资源无法满足地方司法机关的释法需求,构成了司法解释场域的“央地矛盾”.为了缓解供需矛盾,地方司法机关开始自发转向“地方释法”,试图以发布地方释法文件的方式实现司法治理效果.中央虽对“地方释法”持禁止态度,但制定的相关规制规范却过于宽松,未能起到应有的限制作用...     

Does Gender Equality Affect Municipal Transparency: The Case of Spain

The influence of women in organizational transparency is an understudied vein of representative bureaucracy. Literature claims that the increase of women in formal political representation opened the opportunity to bring to public organizations gender diversity, experiences, and values different from those of men. It highlights the beneficial leadership styles and the legitimacy of public bureaucracies. Since gender equality in Spanish local government has increased in recent years, it was the trigger and the aim for this study: to understand the influence of women’s political representation on the level of Spanish municipalities’ transparency. The analysis draws on panel data econometric techniques. The results reinforce the discussion that the representation of women in local political life will increase information transparency and reduce information asymmetry in municipalities.     

Challenges of Local Ownership: Understanding the Outcomes of the International Community’s ‘Light Footprint’ Approach to the Nepal Peace Process

This article investigates whether a ‘light footprint’ approach to peacekeeping and peacebuilding by the international community more effectively addresses local drivers of conflict than the dominant model of large, multidimensional peace operations. It considers international engagement in the Nepalese peace process through the United Nations Mission in Nepal (UNMIN), and argues that the international community’s approach to local ownership became more focused on non-imposition and therefore less politically engaged over time as a result of both local and international factors. This facilitated local elite ownership of the process, which fundamentally undermined the international community’s capacity to support peace consolidation as elites moved away from key transformational pledges of the peace settlement.     

If territorial fragmentation is a problem,is amalgamation a solution? – Ten years later

ABSTRACT

Over the last decade, municipal territorial amalgamation has occurred in 15 European countries. The same period has seen spectacular progress in research on the relationship between municipal size and the functioning of local governments, as well as the impacts of territorial reforms on economic performance and local democracy. Quasi-experimental designs treating territorial reforms as specific “research laboratories” have constituted an important part of that trend. However, there are still important gaps in the knowledge and the study results are often inconclusive. These observations call for a research agenda for the future.     

Sustainability reporting by Australian local government authorities

This qualitative study investigates the Western Australian (WA) local government authorities’ sustainability reporting practices, in the absence of mandatory reporting guidelines, through content analysis of their websites. Calculations from comparing the Global Reporting Initiative (GRI)’s disclosures with those of 140 local council websites were used to develop a sustainability reporting disclosure index. The findings indicate that sustainability reporting remains moderately practised by local government authorities, despite stakeholder demand for proactive disclosures. The discourse analysis shows that Western Australia’s strategic planning for sustainable development is the key force propelling councils towards sustainability reporting practices. The findings also suggest that WA local government authorities are increasing sustainability disclosures to legitimate their social and environmental initiatives. The findings have policy implications for regulators and/or government in Western Australia, with practical implications for local council authorities and/or managers in developing awareness of sustainable operations. The study also contributes to local government authorities’ growing awareness of sustainable service operations.