论政治文明在社会文明结构中的地位

在人类文明结构中,物质文明是社会发展的基础,政治文明是社会和谐的保障,精神文明是社会进步的标志.     

公司治理结构的完善必须体现人力资本产权的特征

人力资本所有权天然属于其本人,但它对其自身的人力资本并不具有不可分离的所有权和控制权;由于人力资本天然属于其个人的特性使之可在其产权残缺时以迥然于物质资本的方式回应,通过关闭人力资本达到效用享用的均衡。企业人力资本的使用和投资过程是同步合一的。我国公司治理结构完善的方向和途径应该是:建立和健全人力资本所有者与非人力资本所有者共同分享企业剩余的分配机制;建立与健全确保人力资本所有者拥有企业剩余控制权的人事管理制度创新;实现我国公司治理结构完善和创新。     

Explaining municipal governance in Kosovo: local agency,credibility and party patronage

ABSTRACT

What can explain the varied effectiveness of internationally led attempts at statebuilding? This article seeks to answer this question by comparing the contrasting trajectories of governance in two municipalities in Kosovo: Hani i Elezit/Elez Han and Kamenica. In Hani i Elezit, evidence suggests that effective and accountable governance is embedded. However, in Kamenica informal and clientelist practices persist and residents are less satisfied with the municipality’s performance. As the nature and extent of internationally led statebuilding has been similar in both municipalities, explaining variation requires an analytical shift to how local leadership interacts with, receives and ultimately shapes statebuilding processes. The data are based on fieldwork from 2012 to 2015. The article focuses on two critical dimensions of statebuilding: capacity building and social accountability. It argues that the impact of externally led statebuilding strategies depends on the orientation of the political leadership of the municipalities. The article identifies features of the political environment, namely credibility and the organization of political parties, which constrain the kind of public-oriented leadership necessary for effective and accountable governance.     

‘Things are not working now’: poverty,food insecurity and perceptions of corruption in urban Malawi

ABSTRACT

Malawi is one of the world's least urbanised countries, but its cities are growing rapidly and poverty in urban Malawi is becoming a prominent political issue. Food insecurity is a widespread manifestation of urban poverty in Africa, especially in informal settlements. This article is based on in-depth interviews with food insecure residents of Lilongwe’s informal settlements who, when asked why they were food insecure, overwhelmingly pointed to the Cashgate corruption scandal as a cause. There have been many political corruption scandals in Malawi, but the Cashgate scandal, which was revealed in September 2013 and reverberated throughout the political culture, has been among the most prominent and consequential of these scandals. The article seeks to contribute to literature on the political dimensions of urban food security in Africa while also presenting a way of understanding corruption from the point of view of vulnerable people whose lives have been directly and indirectly affected.     

“Hybrid Governance” and the Politics of Legitimacy in the Myanmar Peace Process

This article examines competing claims to political legitimacy and sovereignty in Myanmar’s conflict-affected areas of “limited statehood.” In the context of ceasefires and an emerging peace process since 2012, non-state-controlled “liberated zones” and areas of mixed insurgent and government authority constitute new political spaces, where multiple state and para-state actors demonstrate governance authority, extract resources and provide services to local communities. This article explores the dynamics and implications of these developments with reference to the emerging literatures on “rebel rulers” and “hybrid governance,” and examines the practices of donors and aid agencies operating in these areas. I argue that external actors seeking to “think and work politically” should move beyond standard peace-building and development packages based on strengthening the state, and adopt more conflict and context-sensitive approaches. Effective state building should take account of governance structures and service delivery functions established by ethnic armed organisations, which although under-resourced enjoy significant political legitimacy.     

日本“无缘死”研究中的共同体主义意识形态辨析

"无缘死"现象经日本NHK电视台传播以后迅速成为日本社会学界关注的热点,其相关研究在近五年来也层出不穷。日本学界将"无缘死"这一现象产生的原因归结于共同体解体,即包括家庭功能的衰退导致的家庭的解体、雇佣制度变革带来的大规模失业等,日本正迈向个体化时代。从这些研究结论不难看出,日本社会学界并未摆脱共同体主义意识形态预设,依然将共同体看作是稳固、静态、有凝聚力的集团,认为"无缘死"是日本家庭、村落、企业等共同体凝聚功能失效的后果。然而,这一意识形态预设不仅在理论上存在矛盾,也与日本社会的经验不相符。     

日本地方治理中的公民社会组织参与模式——以自治会为例

公民社会组织的参与是治理体系的重要构成部分。其中地方治理强调地方分权和地方居民自治背景下的治理体系,地方居民为主体的公民组织是其重要参与者。日本的自治会作为地方社区的基层公民组织,无论从数量上还是分布规模来看都是日本最大的公民组织,是日本地方治理中的重要参与者。同时自治会又具有辅助行政功能的色彩,与市区町村的地方政府保持良好的合作、协调关系是其特色。因此自治会在参与地方治理中表现出了"行政媒介型公民参与模式"的特征。自治会一方面发动地方居民的力量参与地方治理,实现地方居民的主体性参与;另一方面通过参与协助地方政府的行政,和地方政府保持良好的合作关系进而达到影响地方政府的目的。     

Is Japan Really Back? The “Abe Doctrine” and Global Governance

Japanese Prime Minister Abe Shinzo has emerged as the “comeback kid” of Japanese politics and in his second term of office is now widely regarded as a rare example of strong leadership as he seeks to arrest and reverse his country’s perceived decline. The strategy to achieve these objectives has come to be known as the “Abe Doctrine,” which represents a radical but risky shift in foreign policy. This article outlines the tenets of the evolving Abe Doctrine and then applies them to the Abe administration’s behaviour in the mechanisms of global governance, a highly pertinent but overlooked example. It argues that although a more strategic and coherent approach to global governance has emerged under Abe than had been previously evident, this has been at the expense of the norm of internationalism that has traditionally shaped Japan’s role.     

Land governance as grey zone: the political incentives of land reform implementation in Africa

Weak state capacity has often been in focus when explaining why land reform in sub-Saharan Africa is not implemented. However, an analysis of the deeper politics of land reform brings our attention to a set of incentives which allow rules governing land to be open to interpretation. This article demonstrates that in Uganda, the need to maintain the ruling coalition in a clientelist political settlement to build electoral support, and the desire to attract economic investors, constitute political incentives to maintain land governance as a grey zone, even if there is apparent political will to implement land reforms.     

刑事诉讼构造下的司法令状主义

文章在引出刑事诉讼构造理论为着眼点,通过对司法令状主义的介绍和分析,论证了司法令状主义在整个刑事诉讼法中的构造中的地位。最后,论证了由于我国刑事诉讼构造决定了不能实施司法令状主义。