论环境责任保险对侵权法之影响

侵权法的局限性催生了环境责任保险,而传统侵权理论对环境责任保险正当性的质疑是站不住脚的,它阻碍了环境责任保险的发展.事实上,环境责任保险制度把环境民事责任与合同契约责任有机联系起来,弥补了侵权行为法在环境侵权领域的局限性,适应了时代发展的要求,不仅不违反道德规范,不会导致个人责任没落,反而突破了传统侵权理论的桎梏,强化了侵权法的补偿功能,促进了无过错责任原则的发展,扩大了侵权责任的范围和领域,有助于近代侵权法向现代侵权法过渡,对侵权行为法具有积极影响.     

立法机关为什么能行使司法职能

立法机关司法职能的正当性来源于政治权力运行的逻辑必然和实现对它权的制约需要,分权并不排斥各政治部门之间为了合法的目的而进行最低限度的权力交叉;同时,发挥代议机构的政治协调功能以及司法权的社会分享也为之提供了价值支撑和理论根基。     

Mobilizing from the Margins: Domestic Citizen Politics and Yasukuni Shrine

Prime Minister Koizumi’s six consecutive annual visits to Yasukuni shrine played a key role in initiating a new phase of domestic citizen political mobilization not seen since the early 1970s. This paper is based on field research during the Koizumi years (2001–2006) centering on domestic groups that conduct activities in “protection” of or “opposition” to Yasukuni shrine. As a study of street-based politics, this paper seeks to uncover the processes, strategies, and outcomes of citizen responses to elite political action at Yasukuni Shrine as well as explore meaning of their actions within the context of Japan’s democratic polity.

Policy Adoption and Policy Intensity: Emergence of Climate Adaptation Planning in U.S. States

The United States is experiencing growing impacts of climate change but currently receives a limited policy response from its national leadership. Within this policy void, many state governments are stepping up and taking action on adaptation planning. Yet we know little about why some states adopt State Adaptation Plans (SAPs), while others do not. This article investigates factors that predict the emergence of SAPs, both in terms of policy adoption and policy intensity (goal ambitiousness). Applying the diffusion of innovation theory, I consider the relative influence of internal state characteristics, regional pressures, and test for conditional effects between government ideologies and severity of the problem. The results show interesting differences between predictors that influence policy adoption and ambitiousness. States are more motivated to adopt a policy when faced with greater climate vulnerability, have more liberal citizenry, and where governments have crossed policy hurdles by previously passing mitigation plans. The intensity of policies and goal setting, moreover, is more likely to be driven by interest group politics and diffuse through policy learning or sharing information among neighboring states in Environmental Protection Agency regions. These findings support an emerging scholarship that uses more complex dependent variables in policy analysis. These variables have the potential to differentiate symbolic from substantive policies and capture finer information about predictors of importance.     

Symbolic Political Communication,and Trust: A Young Voters’ Perspective of the Indonesian Presidential Election

Communication in political marketing plays an important role in political mobilization, building trust both in political actors and the government. Politicians construct their messages through careful branding as the power of the cultural symbols and signs conveyed through the brand are potent heuristic devices. This is particularly important in emerging democracies, where there is limited political knowledge and understanding. Therefore, this research explores how young voters understand the symbolic communication fashioned by political actors in Indonesia and how it relates to their brand. Indonesia is an interesting area for study; it is both secular and the world’s largest Muslim democracy. Using a phenomenological approach, a total of 19 in-depth interviews with young voters were conducted to gain rich insight into perceptions of the complexity of political symbolism, and trust among young voters. This study conceptualized political communication as a dual approach. The political brand promise is intrinsically linked to cultural references and conveyed through symbolic communication combined with a distinctive brand message. This builds trust, which then affects political participation. This conceptual framework provides insights into the importance of culture in branding which has implications for policy makers and actors in emerging and established democracies.     

论党内法规制度建设的理论基础问题

从“推进党的制度建设科学化”到“加快党内法规制度体系建设”,体现了我国政党治理法治化的发展趋势。法律的政治化与政治的法治化是近代以来世界民主法治建设的基本发展特点,党内法规制度建设应当以法治与政治的统一性原理建构其理论基础。要以政治性引领党内法规制度体系建设,确保其规范内容上体现先进性、规范目的上聚焦领导力、规范渊源上关照实践面。同时,更要以法治性补强以往党的制度建设的短板,运用法治思维和法治方式加快党内法规制度体系建设,增强其概念的可通用性、体系的可衔接性、执行的可协同性。     

破产企业的环境责任

随着我国经济的迅猛发展,环境资源也遭到了严重的破坏。一些公司为了免于承担环境责任,常常通过破产清算、注销法人资格来逃避法律责任。这种情况的存在使得国家、社会和他人不得不为破产企业的环境侵权行为埋单,环境资源成为许多企业的免费商业成本。我国至今还没有健全的法律制度对企业的这种行为进行有效调整和规制。破产企业的环境责任已经成为社会实践对破产法和环境法的新要求。     

Between Christian and multicultural democracy: religious legacies and minority politics

The article presents a comparative analysis of the religious underpinnings of 19 liberal democracies in the West and their relevance for contemporary minority politics. The democratic relevance of religion is conceptualised as stemming from actors (churches, religious parties) and from historical and structural factors such as confessional patterns, relationships between state and church and degrees of secularisation in 19 democracies with a Christian background. The article’s historical mapping demonstrates that democratic development has occurred in distinct patterns rooted in the Catholic?Protestant divide. It then demonstrates that there are distinct effects of this divide on minority politics. It is hypothesised that in line with the confessional patterning of democratisation, Catholic countries and actors seem to be more resistant to the pressures arising from religious pluralisation than Protestant ones and that, even after 9/11, there is no cross-national or cross-confessional convergence in these responses.     

Explaining variation and change in supervisory confidentiality in the European Union

Abstract

Some European Union member states’ financial regulators choose to make some of the data they routinely collect on individual banks publicly available. Others treat this data as confidential. What explains this difference? This paper considers the possible effects of crises, path-dependent legal institutions, and the design of deposit insurance schemes. At the national level, the paper focuses on contrasting German and Dutch cases. After the recent economic crisis, the Dutch released more data while the German authorities maintained strict confidentiality rules. The design of deposit insurance schemes provides a key reason why the level of secrecy varies, with the Dutch move from an ex post to an ex ante scheme where the government served as the ultimate backstop leading to questions about the accounts of individual banks while the German system favoured continued secrecy. The paper also describes the level of transparency at the EU level. Multilevel legal restrictions and bureaucratic capacity tilt EU banking union practices towards member states that treat financial supervisory data as confidential.     

Partisan effects in morality policy making

Current comparative policy research gives no clear answer to the question of whether partisan politics in general or the partisan composition of governments in particular matter for different morality policy outputs across countries and over time. This article addresses this desideratum by employing a new encompassing dataset that captures the regulatory permissiveness in six morality policies that are homosexuality, same‐sex partnership, prostitution, pornography, abortion and euthanasia in 16 European countries over five decades from 1960 to 2010. Given the prevalent scepticism about a role for political parties for morality policies in existing research, this is a ‘hard’ test case for the ‘parties do matter’ argument. Starting from the basic theoretical assumption that different party families, if represented in national governments to varying degrees, ought to leave differing imprints on morality policy making, this research demonstrates that parties matter when accounting for the variation in morality policy outputs. This general statement needs to be qualified in three important ways. First, the nature of morality policy implies that party positions or preferences cannot be fully understood by merely focusing on one single cleavage alone. Instead, morality policy is located at the interface of different cleavages, including not only left‐right and secular‐religious dimensions, but also the conflicts between materialism and postmaterialism, green‐alternative‐libertarian and traditional‐authoritarian‐nationalist (GAL‐TAN) parties, and integration and demarcation. Second, it is argued in this article that the relevance of different cleavages for morality issues varies over time. Third, partisan effects can be found only if individual cabinets, rather than country‐years, are used as the unit of analysis in the research design. In particular, party families that tend to prioritise individual freedom over collective interests (i.e., left and liberal parties) are associated with significantly more liberal morality policies than party families that stress societal values and order (i.e., conservative/right and religious parties). While the latter are unlikely to overturn previous moves towards permissiveness, these results suggest that they might preserve the status quo at least. Curiously, no systematic effects of green parties are found, which may be because they have been represented in European governments at later periods when morality policy outputs were already quite permissive.