The strategic determinants of legislative malapportionment in new democracies

When the number of seats to be elected in the districts of an electoral system is not proportional to their population, the cost of seats in raw votes tends to vary across districts. Malapportionment generates partisan bias when some parties do better (worse) in the districts where seats are cheaper (costlier) than in other districts. While existing research has focused on the exogenous determinants of malapportionment, in this article we argue that malapportionment also derives from the strategic decisions of ruling elites to maximize their legislative representation. The degree of malapportionment in newly democratized countries increases when ruling policymakers have reliable ex ante information about the geographical distribution of partisan support, and the authoritarian incumbent, at the moment of democratic transition, is strong. Our arguments are tested with original data from 60 third and fourth-wave democracies at national and district levels.     

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.     

The Competition–Violence Hypothesis: Sex,Marriage, and Male Aggression

Sexually active men, who are not in a monogamous relationship, may be at a greater risk for violence than men who are sexually active within monogamous relationships and men who are not sexually active. The current study examines changes in sexual behavior and violence in adolescence to early adulthood. Data on male (n = 4,597) and female (n = 5,523) respondents were drawn from four waves of the National Longitudinal Study of Adolescent and Adult Health (Add Health). HLM regression models indicate that men who transition to a monogamous, or less competitive, mode of sexual behavior (fewer partners since last wave), reduce their risk for violence. The same results were not replicated for females. Further, results were not accounted for by marital status or other more readily accepted explanations of violence. Findings suggest that competition for sex be further examined as a potential cause of male violence.     

论高校学报策划工作

在新形势下,高校学报要尽快转变观念,积极面向市场,着力强化策划工作。高校学报策划,要从定位、栏目、选题、组稿、版式、发行等环节着手,以赢得办刊工作的主动性,提高刊物的市场竞争能力。     

试析全国工人运动会竞赛制度的建立及竞赛定位

全国工人运动会应该形成固定的赛会届制制度,间隔5—6年举办;建立相应的组织机构,加强对职工体育工作的组织领导和政策法规的建设;发挥工运会于社会转型期对职工体育活动全面发展的推动、引导作用。工运会设项、立项以传统项目和推介项目相结合,面向基层,从实际出发,将竞赛定位在“普及”的层面上。     

Hegemonic political parties in post-Soviet Eurasia: Towards party-based authoritarianism?

Hegemonic parties in authoritarian regimes can fulfill important purposes for those regimes and thereby contribute to their survival. Along with the consolidation of authoritarian regimes, hegemonic political parties have emerged in some post-Soviet states, raising questions about the role that these parties play in the survival of the regimes. This article asks which of the purposes that are frequently ascribed to ruling authoritarian parties are fulfilled by United Russia, the Yeni Azerbaijan Party, and Nur Otan of Kazakhstan, the hegemonic parties of the three strongest consolidated authoritarian regimes with a hegemonic party in the former Soviet Union. It is argued that despite the increasing prominence of the hegemonic parties, full-fledged party-based authoritarianism has not yet been established in Russia, Azerbaijan, and Kazakhstan.     

新时代法理：从冲突走向合作——建立法理型社会的法律社会学思考

以法律社会学的三大研究范式即功能主义、自由多元主义和马克思主义的社会观-国家观-法律观之间的主要差异——合作、竞争和冲突——为立论基础,论证了当代中国由马克思主义的冲突观转向功能主义的合作观的必需。依据这种＂从冲突走向合作＂的新时代法理,结合当代中国国家治理的六个基本法律问题,阐述了如何在关键转型上遵循新法律理性,从基调伦理与宪政改革上建立法理型社会秩序。     

竞争法律体系协调性的内涵及其标志

协调性是竞争法律体系的根本属性,对于衡量竞争立法的科学性和竞争执法的有效性具有重要价值。研究竞争法律体系的协调性,可以有效防止和化解竞争法律冲突。竞争法律体系的协调性是由竞争法律调整目标的协调性、竞争法律原则的协调性、调整对象的协调性、法律责任的协调性以及执法体制的协调性所构成的。从应然角度分析,中国竞争法律体系协调化应当具备形式、内容和价值三个要件。     

不正当竞争规制与商业言论自由

正当竞争边界的模糊性与商业言论边界的不确定性,决定了不正当竞争规制与商业言论自由之间存在模糊难决的空间。不正当竞争边界的模糊性易导致不正当竞争规制过宽,仅依据不正当竞争法处理有关商业言论行为可能会导致基本权利价值受到损害。商业言论边界的不确定性使得欧美至今未能对商业言论进行准确的界定,也未形成统一的商业言论保护的原则和标准,其仅受到有限保护。不正当竞争规制的宽泛性与商业言论自由的有限性会不可避免地导致二者发生冲突。对此,欧美所进行的立法及实践表明,商业言论自由是有限度的,当商业言论涉及不正当竞争规制时,只有商业言论事关重大社会公共利益时才可能受到宪法保护。其立法和实践显示出法院根据不正当竞争法和宪法进行双重审查的特点,而依据宪法的基本权利价值进行考量是平衡二者冲突的关键之所在。这些立法和实践为我国商业言论保护提供了可资借鉴的经验。     

Leaders, voters and activists in the elections in Great Britain 2005 and 2010

Discussion of the relationship between parties and the electorate is often based on the notion of partisan constituencies, that parties adopt policy positions that correspond to the average position of the party supporters. In contrast, the Downsian “spatial model” assumes that parties are purely opportunistic and maneuver to gain as many votes as possible. A third, more empirical model, based on the early work of Stokes, assumes that voter choice is based on the evaluation of each of the party leader’s competence or ability to deliver policy success. Such an evaluation can be provided by individual voter overall assessment in terms of the leaders’ character traits.This paper attempts to relate these three classes of models by examining the elections in Great Britain in 2005 and 2010. Using the British Election Study, we construct spatial models of these elections in Great Britain as well as in the three regions of England, Scotland and Wales. The models incorporate the electoral perceptions of character traits. We compare the equilibrium vote maximizing positions with the partisan positions, estimated by taking the mean of each of the parties voters’ preferred positions. We define an equilibrium to be a stable attractor if the vote share at the equilibrium exceeds the share at the partisan position by a significant proportion (determined by the implicit error of the stochastic model). We infer that none of the equilibria are stable attractors, and suggest that the partisan positions are also preferred by the party activists, the key supporters of each party.