From secessionism to regionalism: The changing nature of territorial politics in Western Australia

The development of territorial politics within federal systems over time, specifically change in the nature and intensity of territorial claims, is an understudied question. This article looks at the case of Western Australia (WA) to gain a better understanding of the political dynamics behind changing territorial politics in a federation, more particularly around economic and fiscal policies. In April 1933, grievances surrounding the economic and fiscal policies of the Commonwealth government grew so loud in WA that a referendum on secession saw a majority of voters opting to leave Australia altogether. In the end, not only did WA not secede but the secessionist movement disappeared. Today, ironically, the equalization system, whose formalization through the creation of the Commonwealth Grants Commission one month following the referendum was designed to reduce regional disparities and discontent, is at the centre of regionalist politics in the state.     

论外交保护中用尽当地救济的法律地位与规则性质

外交保护是国家保护海外公民最重要的手段之一。用尽当地救济是外交保护的前提条件。长期以来,它一直被认为是国际习惯。随着国际争端解决方式的多样化以及保护人权呼声的高涨,一些学者开始质疑该规则的国际习惯地位。但是这种质疑不具有合理性和可行性。在法律地位的基础上,国际社会对用尽当地救济的规则性质始终莫衷一是。事实上,应当对侵害行为区分不同情况,分别判定用尽当地救济是程序法性质的,还是实体法性质的。     

原苏共党内监察制度探微

原苏联共产党在列宁时期就曾建立起一个较为科学的党内监察制度,但经斯大林、赫鲁晓夫、勃列日涅夫、戈尔巴乔夫时期以后,这一制度几乎变得形同虚设,对党内特权官僚阶层毫无约束,成为党亡政息的原因之一,这是每一个执政党都应该汲取的教训。     

论设计阶段工程造价的控制

针对工程造价控制的现状 ,笔者认为设计阶段的造价控制必须作为工程造价全过程控制的重点予以突出 ,而推行工程设计招标制度、改革设计取费方式、推行工程设计监理制三者的有机结合 ,是加强设计阶段控制工程造价的有效方式。     

完善行政收费活动的几点思考

行政收费是指国家行政机关凭借国家的行政权力,根据国家和社会公共利益的需要,依法强制被管理的行政相对人无偿缴纳一定费用的具体行政行为。行政收费在实际操作中存在着较多的问题。完善行政收费活动的措施:进一步推行费改税的进程;加强行政收费的立法工作;加大监督的力度,逐步完善对行政收费的监督、制约机制。     

共同犯罪的认定方法

我国认定共同犯罪的传统方法,存在不区分不法与责任、不区分正犯与狭义的共犯、不分别考察参与人行为与正犯结果之间的因果性等三个特点,这种认定方法导致难以解决诸多复杂案件。认定共同犯罪应当采取相反的方法:其一,共同犯罪的特殊性仅在于不法层面,应当以不法为重心认定共同犯罪;至于其中的责任判断,则与单个人犯罪的责任判断没有区别。其二,正犯是构成要件实现过程中的核心人物,应当以正犯为中心认定共犯;当正犯造成了法益侵害结果 (包括危险)时,只要参与人的行为对该结果做出了贡献,就属于不法层面的共犯。其三,只有当参与人的行为与正犯结果之间具有因果性时,才承担既遂犯的刑事责任,故共同犯罪的认定应当以因果性为核心。完全没有必要提出和回答"共同犯罪犯的是什么罪"之类的问题。在刑法理论与司法实践中,可以淡化"共同犯罪"概念。     

Post-conflict elections and the process of demilitarizing politics: the role of electoral administration

Post-conflict elections are called upon to advance the distinct processes of both war termination and democratization. This article examines the patterns in seven cases where elections served as the final step to implement a peace agreement following a period of civil war. Such elections are shaped in part by the legacy of fear and insecurity that persists in the immediate aftermath of a protracted internal conflict. Comparative analysis suggests that interim regimes in general, and electoral administration in particular, based on joint problem solving and consultation may ‘demilitarize politics’ and help transform the institutions of war into institutions capable of sustaining peace and democratization. In Mozambique, El Salvador and, to an extent, Cambodia, processes to demilitarize politics prior to elections created a context that allowed the elections to advance both peace and democratization. In the other cases, politics remained highly militarized at the time of the vote, leading either to renewed conflict (Angola) or the electoral ratification of the militarized institutions of the civil war (Bosnia and Herzegovina, Liberia, Tajikistan). Interim electoral commissions provide an important opportunity to demilitarize politics by building consultative mechanisms and norms that increase confidence in the peace process and the legitimacy of the post-conflict elections.     

Parliament,public engagement and legislation in Bangladesh: a case study of Domestic Violence Act of 2010

ABSTRACT

This paper examines the process of enactment of the domestic violence bill in Bangladesh. One of the distinctive features of the bill, passed in 2010, was that it originated in civil society and widespread public engagement characterised its enactment process. The paper explores the factors that encouraged different actors to agree to enact the law. There are, however, not many examples of parliament–CSO interaction in the legislative process. The paper identifies reasons that discourage engagement in other areas of public concern. Prominent among the reasons underlying weak public engagement in the legislative process are: monopoly of the government in the legislative process and its eagerness to pass laws in haste, dominance of part-timers in parliament, legal restriction on ‘independent’ voting in parliament, over-centralization of power in political parties and politicisation of CSOs.     

未来纪委建设的方向——基于党内监督机构的演变规律

党内监督机构受腐败形势和反腐败模式影响,权威性和独立性不断提高,运作不断规范。未来将推行新的双重领导体制以提高纪委的独立性,纪委的权威性将得到适度控制,腐败的复杂化将迫使纪委不得不提速自身的能力建设,纪委将更加注重吸纳网络民意,并与社会生态的改变形成良性互动。     

The Council for the Administration of Criminal Justice and Protection of Juveniles

The Council for the Administration of Criminal Justice and Protection of Juveniles (Raad voor Strafrechtstoepassing en Jeugdbescherming) is an independent advisory, supervisory and judiciary board to the Netherlands Minister of Justice on matters relating to the prison system, the hospital order detention system, the probation system and the youth incarceration system. Members are recruited from a variety of backgrounds, such as magistracy, science, medicine, psychiatry and social work. As a rule, they have a full-time job in society. They are recruited by virtue of their expertise, competence and professional experience in relevant fields. Nowadays, there are about 60 members. The combination of the Council’s three tasks has been criticised. The argument is that the advisory and supervisory tasks of the Council could interfere with the independent and impartial nature of its judicial task. The supposed incompatibility of the three tasks has been one of the arguments of the Minister of Justice in defending his decision to set up an Inspectorate for the whole field of the administration of justice. This Inspectorate would overlap the Council’s supervisory task. So, legislation has been prepared in order to prevent overlap by taking away this task from the Council. The resistance to these plans was an important reason for the Dutch government to ask the Verwey-Jonker Institute to evaluate the performance of the Council. The Council performed very well in this evaluation. Its performance could not, therefore, really be used as an argument for curtailing its tasks. The independent nature of an Inspection Board is open to question, as it is functioning under the responsibility of the Minister of Justice. However, the Minister of Justice has not been convinced by this and other arguments, so there is a big chance that the Council will loose its supervisory task.