反腐倡廉制度重在有效管用

制定完善的制度,对反腐倡廉具有十分重要的意义。抓好制度的落实,增强制度的有效性,更应摆上重要的工作日程。当前的反腐倡廉制度存在数量与质量失衡、创新与配套脱节、实体与执行落差、设计与效果偏离等问题,因此制度建设应做到科学严谨、保持相对稳定、注重求真务实、优化执行环境。只有与时俱进体现针对性,研究规律把握前瞻性,通盘谋划讲求系统性,狠抓执行突出时效性,提升层次发挥权威性,才能使反腐倡廉制度真正做到有效管用。     

What can deliberative mini-publics contribute to democratic systems?

Can deliberative mini-publics contribute to deepening the democratic dimensions of electoral democracies? The question is framed in this article using a problem-based approach to democratic theory–to count as democratic, political systems must accomplish three basic functions related to inclusion, communication and deliberation, and decision making. This approach is elaborated with an analysis of a real-world case: a deliberative mini-public with a citizens’ assembly design, focused on urban planning convened in Vancouver, Canada. This example was chosen because the context was one in which the city's legacy institutions of representative democracy had significant democratic deficits in all three areas, and the mini-public was a direct response to these deficits. It was found that Vancouver's deliberative mini-public helped policy makers, activists and affected residents move a stalemated planning process forward, and did do so in ways that improved the democratic performance of the political system. Depending on when and how they are sequenced into democratic processes, deliberative mini-publics can supplement existing legacy institutions and practices to deepen their democratic performance.     

对“一国两制”提出的实际根据和理论依据的思考

"一国两制"构想不是一天形成的,也不是偶然提出的,更不是凭空想出来的.它是在党的十一届三中全会以后,邓小平同志从我国社会发展的客观需要出发提出的."一国两制"构想的提出有着充分的实际根据和可靠的理论依据,是理论与实际的紧密结合.     

论职工董事、监事制度与职工代表大会制度的关系

国有企业改革把职工代表大会制度与职工董事、监事制度内在地联系在一起。这两种制度相互关系的实质是职工董事、监事与职工劳动者的相互关系。在运用这两种制度时 ,可以通过政策中介和制度创新等 ,使其更好地实现职工劳动者和企业出资者的产权权益。     

REEVALUATING WHERE WE STAND: A COMPREHENSIVE SURVEY OF AMERICA'S FAMILY JUSTICE SYSTEMS

The call for court reform remains critical in the face of the growing complexity of burgeoning family law cases nationwide. Many states have restructured their court systems using the unified family court model, resolving legal, personal, emotional, and social disputes with the aim of improving the well‐being of families and children. Other states utilize the traditional approach, resulting in cases being handled in a fragmented, time‐consuming and expensive manner. In this article, Professor Barbara A. Babb presents the results of her nationwide survey regarding how each state handles family law matters. The survey is a follow‐up to her comprehensive 1998 survey and her 2002 survey update. The results of the recent analysis reveal that a total of thirty‐eight states now have either statewide family courts, family courts in selected areas of the state, or pilot or planned family courts, representing seventy‐five percent of states. The number of states without a specialized or separate system to handle family law matters has decreased from seventeen states in 1998 to thirteen in 2006. These changes are significant when one considers the complexities involved in court reform. The need for court reform remains an urgent one, as family law cases occupy a significant percentage of court dockets across the country. Families and children deserve a court system where justice is effective and efficient and where their legal, personal, emotional, and social needs are resolved in a therapeutic and holistic manner.     

Scenario study of biometric systems at borders

This paper examines and compares the existing privacy instruments of VIS and US-VISIT systems in addressing the specific legal issues and challenging the privacy-invasive behaviour in the world of biometrics. A biometric scenario is presented to give a vision of a future society in 5 years from now when biometric technology is more widely used. The objective here is to open up the scope of considering the potential legal risks of the use of biometrics, based upon the present passport and visa application plans in the EU and USA.     

试论我国区际私法问题

香港、澳门回归祖国后,中国将成为多法域的国家。在中国大陆涉港、涉澳的民事、商事关系中,必然会发生法律冲突,需要解决法律适用问题。为此,就应当制定中国区际私法。从中国实际出发,研究制定中国区际私法的迫切性、中国区际私法立法应遵循的原则、中国区际私法应包含的基本内容等问题,具有十分重要的现实意义。     

Parliamentary Voting Procedures in Comparison

Increasingly, scholars of legislative politics propose comparative analyses of parliamentary voting behaviour across different countries and parliaments. Yet parliamentary voting procedures differ dramatically across parliamentary chambers and ignoring these differences may, in the extreme, lead to meaningless comparisons. This paper presents a first glimpse at a comprehensive data collection effort covering more than 250 parliamentary chambers in 176 countries. Focusing on European legislatures it assesses what explains the differences in the rules among chambers. It is found that incentives linked to MPs’ visibility contribute to explain the transparency of the adopted voting procedures.     

Parallel Systems and Human Resource Management in India's Public Health Services: A View from the Front Lines

There is building evidence in India that the delivery of health services suffers both from an actual shortfall in trained health professionals and from unsatisfactory results of existing service providers working in the public and private sectors. This study focuses on the public sector and examines de facto institutional and governance arrangements that may give rise to well‐documented provider behaviors such as absenteeism that can adversely affect service delivery processes and outcomes. We analyze four human resource management (HRM) subsystems: postings, transfers, promotions and disciplinary practices from the perspective of front‐line workers—physicians working in rural healthcare facilities operated by two state governments. We sampled physicians in one “post‐reform” state that has instituted HRM reforms and one “pre‐reform” state that has not. The findings are based on both quantitative and qualitative measurements. The results show that formal rules are undermined by a parallel modus operandi in which desirable posts are often determined by political connections and side payments. The evidence suggests an institutional environment in which formal rules of accountability are trumped by a parallel set of accountabilities. These systems appear so entrenched that reforms have borne no significant effect. Copyright © 2015 John Wiley & Sons, Ltd.     

十八届四中全会司法改革新举措之解读

党的十八届四中全会《决定》明确了一系列司法改革新举措,对司法体制改革作出新的重大部署。最高人民法院设立巡回法庭,探索设立跨行政区划的人民法院和人民检察院,建立领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究制度,从制度和体制上防范和禁止地方行政权力干涉,保障审判权、检察权依法独立行使;推进以审判为中心的诉讼制度改革,实行审判权和执行权相分离体制,探索建立检察机关提起公益诉讼制度,实行立案登记制,从司法权运行机制和职能定位上强化司法权威,促进公正司法,保障国家和公民权益。