新型政党制度所蕴含的中国智慧

中国共产党领导的多党合作和政治协商制度是从中国土壤中生长出来的新型政党制度,充分汲取了中国传统民本智慧、和合智慧、包容智慧,展现出了无与伦比的内在优越性,实现了群众根本利益与群体特殊利益的有机统一、实现了政党关系的非对称性和谐、实现了通过政党协商进行科学民主决策、实现了集中力量办大事,从而克服了垄断型一党制和竞争型两党制、多党制的固有弊端。作为和谐型多党制的新型政党制度充分展现了中国智慧,为世界政党制度发展与进步提供了新方向和新选择。     

女性制度主义的发生路径、焦点议题与意义评析

女性制度主义作为女性主义政治学与新制度主义政治学相互融合的产物,在跻身新制度主义前沿领域的同时,还为制度分析增添了性别维度。发端于女性主义第二波浪潮与社会性别理论的女性制度主义研究动向,在新制度主义异军突起的理论背景和性别平等举措全面开展的现实背景下确立为重要的分析途径,日益得到众多具有制度分析取向的女性主义学者的积极推动,并在多领域与多学科的交织脉络中不断发展演进。女性制度主义将浸染社会性别特征的政治制度作为研究起点,致力于协调现实政治生活的结构性要素与能动性要素,通过阐释性别体制、制度变迁以及制度性抵制的复杂关系,对性别化的权力体系及其动力机制予以深入探讨。基于女性制度主义所涉及的学术身份认同、学理资源汲取、学派交流融汇、学科议题嬗变,可以对该分析途径的贡献、不足以及前景进行系统审视。     

The local party voter: A localist anti-establishment voter?

In several countries, local parties have increased their share of votes in local elections. This development has received limited scholarly attention compared to the immense interest paid to the fates of national level anti-establishment parties. Against this backdrop, we ask if something distinct characterizes those who choose to vote for genuinely local alternatives compared to other anti-establishment voters. Sweden is taken as the case in focus, a country where local parties have grown in numbers and strength throughout the past three decades. We view local parties as a part of a broader ‘anti-establishment’ family, and we explore if their voters a) are similar to those who vote for the most pronounced anti-establishment party in Sweden (Sweden Democrats), or b) if local party voters are a distinct anti-establishment category in their own right. Drawing on a survey data from 49 Swedish municipalities, we find that local party voters indeed distinguish themselves from both Sweden Democrat's voters and voters for the old and established parties, thus making them a distinct anti-establishment voter category of their own. These voters distrust their local politicians but at the same time are civically engaged.     

New Labour in Power: Five Problems of Contemporary History

The history of New Labour is highly politicised, deployed either for its policy lessons (good or bad) or as a weapon in Labour's factional struggles. But, just as historians in the 1990s reassessed the premierships of Harold Wilson and James Callaghan, so the distance of time and the opening of archives offers an opportunity to reappraise New Labour as history. Such work raises five methodological challenges: the lack of sufficient distance from the subject to tell whether policy innovations will remain popular and permanent; the long shadow the Iraq war casts over this whole period; the deluge of data and sources available; the continuing and controversial part that key actors, such as Tony Blair, are still playing; and the lack of expertise any one author will inevitably face in some policy areas. This article addresses each of those difficulties in turn.     

行政诉讼审查范围的难题——以公法与私法的划分为出发点分析

行政诉讼的审查范围受制于公私法的划分,而公私法的划分又受制于所调整的利益关系。不仅要加强公法制度与公共利益之间的直接关联性,而且也应当培养公法制度的独立品格。具体事务是纳入公法还是私法加以调整,应当以是否有利于保护公共利益而加以确定。行政诉讼的审查范围也应当根据公共利益保护的需要和自身的独立品质而加以确定。     

对修改现行《治安管理处罚条例》的几点思考

为适应社会治安形势发展和实现法制统一的需要,亟待对现行《治安管理处罚条例》予以调整、规范和完善。将《治安管理处罚条例》更名为《治安管理处罚法》;在修改时应遵循现实针对性与较强前瞻性相结合的原则,实体与程序并重的原则,遏制权力滥用与尊重、保障人权的原则,法制统一的原则以及民主与集中相结合的原则。     

执法为民理论与实践的思考

执法为民是公安工作的出发点和落脚点,也是公安工作的根本要求;“执法为民”理论的确　　立,对公安工作的发展具有里程碑的意义;在实践中,应狠抓五个强化,切实提升执法为民的效应。     

走有中国特色的辅警建设之路

辅警,是警察的辅助力量。目前,合情合理但不合法的辅警在中国大地广泛存在。我国的警务实践表明,辅警有它合理存在和发展的空间。辅警的理论和实践是现代警务机制的重要组成部分, 我们必须认真加以研究,走出一条有中国特色的辅警队伍建设之路。     

Globalization and regulatory change: The interplay of laws and technologies in E-commerce in Southeast Asia

Electronic commerce has brought about business and technological changes globally, and these global changes have given rise to major legal reforms across nations. In the fast-changing global digital economy, states need strategies to maintain competitiveness of their markets while simultaneously ensuring the secure and effective use of technologies involved in conducting electronic transactions. This paper examines how the use and recognition of electronic signatures are regulated in Southeast Asia – the region that has shown the most significant growth in global e-commerce in past few years. Based on a comparative analysis of the laws of four representative ASEAN member states – namely Singapore, Thailand, Malaysia, and Vietnam, this paper argues that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures. Electronic signature regulation in Southeast Asia is now built upon limited technological neutrality (or the so-called “two-tiered” approach) as a shared regulatory understanding, but this approach is operationalized differently in each state due to distinctive national contexts. Within the common legal framework, each state has developed its own system of control and management with respect to higher-level signatures (using advanced technologies). The principle of technological neutrality, a concept originally developed for the regulation of technologies in response to the liberalization of telecommunications market, has been the central theme of discussions on the e-transactions policy-making scene. As the author shows, in the process through which states localize the global standards of technological neutrality, ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.     

China's new regulatory regime tailored for the sharing economy: The case of Uber under Chinese local government regulation in comparison to the EU,US, and the UK

Although Uber's arrival in China has resulted in disruptive competition for incumbent taxi companies, it offers an attractive alternative in China's supply-demand-imbalanced urban passenger transport system. China's regulatory regime for Uber has evolved in three stages: from the regulatory vacuum prior to 2015 to its official legalization in 2015–2016, and the enactment of numerous local regulations in 2016, with specific and more demanding requirements for Uber. This policy is a part of the Chinese approach to the gradual liberalization of the urban passenger transport market. Policymakers should consider ‘fair competition’ as the guiding principle to balance the interests of sharing firms and incumbent service providers, as well as between different sharing firms. The core value of this principle lies in the benefits it provides for consumers and the way it engenders a pro-competitive market environment. The labor protection arrangements for sharing firms’ laborers should be more flexible and diversified. In order to recognize whether an Uber-Driver is an employee or independent contractor, a new standard taking into account a range of factors should be established through collective negotiations between the participants of the sharing economy, and dialogues between members of the judiciary, academics, and the policymakers. Further, consumer protection law and personal data protection provisions should apply when sharing firms misuse their distinctive algorithmic management model to compete unfairly to the detriment of consumers and other users. Ex ante regulatory measures designed to protect the personal data of users should be introduced for deployment in the context of the sharing economy. When enforcing these rules, a balance should be struck ensuring free data flow that is essential to sharing firms’ innovation and competition, and the need to ensure the level of data security required to underpin a well-functioning sharing society.