20世纪60年代中国人口政策评价

20世纪60年代中国人口政策在新中国人口政策史上有着重要的地位。该时期制定的以“提倡节制生育,适当控制人口自然增长率”为主要内容的人口政策和相应设立的计生机构,既是20世纪50年代人口思想的继承和发展,又为20世纪70年代在全国范围内实施有计划生育的人口政策奠定了思想基础。     

建立落实基本国策的保障机制——对“计划生育“和“男女平等“两项基本国策的比较与思考

在对"计划生育"和"男女平等"两项基本国策的贯彻落实过程中,既存在一些共同点,也存在一定差异它们都受到党和政府及社会的认同,但认同程度不同,前者深,后者浅;它们都取得了很大成效,但成效的显著程度不同,前者显著,后者差些.要达到"男女平等"基本国策真正意义上的实现,需要建立起与其相称的保障机制,如法律保障机制,政策保障机制,管理保障机制,社会监督机制和群众参与机制等.     

Cohabitation and the Law Commission’s Project

In 2004, the U.K. parliament passed the Civil Partnership Act which provides a scheme to enable same-sex couples to obtain formal recognition of their relationships through the registration of a civil partnership. When the Civil Partnership Bill was making its way through parliament, attempts were made in the House of Lords to derail the Bill through amendments seeking to extend the Bill to certain familial relationships of care and support. In order to counter these attempts and to facilitate the removal of the amendments, the government gave the assurance that the matter of the economically vulnerable cohabitant would be referred back to the Law Commission for England and Wales for review. Consequently, in July 2005, the Law Commission commenced its project on cohabitation. This paper seeks to examine models of reform (such as the one proposed by the Law Society of England and Wales in its 2002 Cohabitation report) as well as those introduced in other Commonwealth countries. The aim is to identify some of the crucial questions that the Law Commission will need to give careful consideration to if they are to make recommendations that will provide a more radical approach to this area of the law, rather than adopt the more conservative approach of including cohabitation in ‘piggy back’ mode on the marriage model.     

Exploring Transnational Civil Society: A Comparative Study of Colombian,Dominican and Mexican Immigrant Organizations in the USA

ABSTRACT

European integration has added an extra dimension to the perceived crisis of contemporary democracy. Many observers argue that the allocation of decision-making powers beyond the nation state bears the risk of hollowing out the institutional mechanisms of democratic accountability. In EU governance, the Commission has emerged as a particularly active and imaginative actor promoting EU–society relations, and it has done so with the explicit desire to improve the democratic legitimacy of the EU. However, assumptions concerning the societal prerequisites of a working democracy differ with the normative theory of democracy employed. Therefore, expectations concerning the beneficial effect of institutional reforms such as the European Commission's new governance strategy, which was launched at the beginning of the century, vary according to normative standards set by different theories of democracy on the one hand and to the confidence in the malleability of society on the other. Our contribution seeks to pave a way for the systematic assessment of the democratic potential of the European Commission's consultation regime. To this purpose, two alternative theoretical conceptions that link participation to democracy will be presented. A list of criteria for both conceptions that enable us to empirically assess the democratic potential of the EU Commission's participatory strategy will then be presented.     

Anti‐Corruption Watchdog Accountability: The Limitations of Judicial Review's Ability to Guard the Guardians

Anti‐corruption watchdogs form an important part of integrity measures in Australia's system of government. Integrity theory places anti‐corruption watchdogs in a fourth branch of government and as a part of a national integrity system as a way of understanding how they detect and prevent corruption and promote integrity. Integrity theory claims that an important part of the oversight of watchdogs occurs through judicial review of watchdog decisions by the courts. However, it fails to recognise the unique limitations when undertaking judicial review of watchdog decisions. This article submits that it is important to recognise these limitations to properly assess the effectiveness of a national integrity system and a fourth branch of government. The article explores the unique limitations of the court's ability to hold watchdogs to account and offers suggestions for managing these limitations.     

传统司法文化对现代法治的冲击及反思——以司法改革为视角

我国传统的司法文化结合了儒家、法家、道家等各派的法律思想,在历史的传承中形成了自身的特点。某种程度上,我国现代法治进程也是对我国传统司法文化批判地继承的过程。我们应深刻认识到,传统司法文化中有着众多阻碍法治进程的内容,对传统司法文化去其糟粕,取其精华,无疑是当前我国司法改革的题中之义。