国内外社会参与程度与参与形式研究述评

当前的社会参与研究重点已转向社会参与的方法与技术。社会参与程度、不断创新的参与形式都属于参与方法和技术的研究范畴。对于社会参与的程度和形式的研究,国内外的学者已做出努力和贡献,但这与实现真正有效的参与目标仍有很大差距,有待学界的进一步探究。     

Private Military and Security Companies and the Liberal Conception of Violence

Abstract

The institution of war is the broad framework of rules, norms, and organizations dedicated to the prevention, prosecution, and resolution of violent conflict between political entities. Important parts of that institution consist of the accountability arrangements that hold between armed forces, the political leaders who oversee and direct the use of those forces, and the people in whose name the leaders act and from whose ranks the members of the armed forces are drawn. Like other parts of the institution, these arrangements are responsive to changes in military technology and needs, to geopolitical facts, and to moral and political norms. In particular, they are sensitive to the forms that military organization takes. Since the emergence of modern states in Europe some 500 years ago, there have been three main such forms: private providers—in the form of mercenaries, in early modern Europe—then professional standing armies, which in turn developed into citizen armies. Although elements of the three organizations have coexisted in many armies, the citizen army model has dominated until recently. That model brought with it a particular conception of the accountability relations between the army, the state, and the people. The state had authority over and directed the army, which was accountable to it. In turn the state was accountable for its use of the army to the people, on whose behalf it acted.

The dominance of state authority over the military is now under strain, with the professional and private elements—in the form of private military and security companies (PMSCs)—having increasing importance. As those elements increase in power and presence, so it becomes more difficult to make the state accountable to the people for its use of the military, and more difficult for the people to act as a restraining force on the way in which the military used.

In this essay, I outline and assess these developments—with particular emphasis on the emergence of PMSCs—in the light of a liberal view of (political) violence. The essay focuses on the situation in the United States, which possesses by far the most important military force in the world today, and in which the use of PMSCs is most developed. The paper has three main sections and a brief conclusion: the first section sketches the liberal view of violence and its implications for organizations dedicated to its use; the second outlines the salient characteristics of the three historically dominant forms of armies; and the third looks at the current situation in which the three forms coexist uneasily.     

宪政中的公民财产权保障

2004年修宪在宪法总纲中确立了私有财产的宪法地位,扩大了私有财产的范围,建立了私有财产征收征用补偿的制度,此举具有深厚的法理基础和巨大的宪政价值。本文以公民财产权的宪法学意义阐释为切入点,探索财产权入宪的深层次动因和价值蕴含,解析财产权入宪的规范意义,从而为构建我国完整意义上的财产权保障机制提供理论上的解说。     

提高依法行政和行政效能统一性问题研究

现阶段政府在依法行政与政府效能的统一性上存在着诸多问题。对此,文章提出了依法行政、行政效能本质及其关联度的分析、完善行政法律体系、理顺行政管理体制、完善决策规则程序,调整绩效评估体系、研究出台激励政策,健全行政监督机制、营造社会和谐氛围,提高公民维权素养等六大方面思路性建议。     

Applying police legitimacy,cooperation, and collective security hypotheses to explain collective efficacy and violence across neighbourhoods

This study examines views about police legitimacy and competence in neighbourhoods over time. The study compares theories about police legitimacy, the cooperation hypothesis, and the collective security hypothesis to predict violence. Findings suggest that when police legitimacy is deficient in neighbourhoods, a culture supportive of violence to resolve disputes may develop. Results show the importance of police competence to suppress violence and build collective efficacy. Finally, police are more successful in neighbourhoods that are collectively efficacious. The cooperation hypothesis is fully supported, but the collective security hypothesis and LaFree’s legitimacy theory receive partial support. Findings underscore the merit of examining neighbourhood consequences of police legitimacy, including how institutions, like police, can impact neighbourhood socialisation processes and are impacted by them.     

The Impact of Hot Spots Policing on Collective Efficacy: Findings from a Randomized Field Trial

In disadvantaged neighborhoods, prior research has found reduced social cohesion and less willingness among residents to address disruptive behaviors and violations of social norms. This deficiency is commonly associated with higher levels of disorder and crime. Therefore, recent scholarship has begun to consider whether police can help foster collective efficacy, especially in places struggling with serious crime problems. Early results are somewhat mixed. Yet the cooperation hypothesis asserts that when neighborhood residents see police as a more viable and reliable resource, residents will be emboldened to exert informal social control to address problems. Over the last two decades, hot spots policing has been recognized as an effective method to reduce crime. At the same time, there have been few rigorous studies of whether this approach impacts collective efficacy at hot spots. To investigate this question, we conducted an experiment in 71 crime hot spots, comparing a collaborative problem solving versus a directed patrol (police presence) approach versus standard policing practices. Over time, a substantial increase in police presence did appear to promote modest improvements in collective efficacy. We attribute this finding to the cooperation hypothesis.     

从托克维尔到哈贝马斯:探寻法治的社会基础

市民社会是法治国家的基础已成为常识。尽管学界对市民社会理论展开过广泛的讨论和研究,但对市民社会究竟是一个什么样的社会这一问题并没有作出很好的回答。本文试图通过对托克维尔和哈贝马斯两位经典作家的解读找出市民社会的基本特征,它们表现在三个方面,即市民社会是一个多元的社会,是一个具有强大“自治”的社会,是一种“商谈”的社会。     

和谐模式：社会转型期公民政治参与的目标选择

从目前我国公民政治参与所依存的社会环境及公民政治参与的状况分析，我国还没有形成一种理性的、成熟的公民政治参与模式，而良性的公民政治参与模式是社会主义民主政治发展的推动器。因此，我们要努力构建和谐的公民政治参与模式。     

现代性场景与当代中国公民成长

当代人的发展外源性力量来自于现代性场景的特殊效应,即共时性挤压。在共时性挤压背景下,当前中国公民成长主要集中在公民意识的觉醒和公民教育的提供两个方面。对公民意识的觉醒来说,一则公民主体意识增强而又有所不足,一则公民诉求意识凸显而又不乏缺憾,这意味着公民意识的养成还需要外在力量的推助,这就是公民教育问题。在当前,国家既要树立公民教育的新理念,同时又要立足公民资格、公民认同以及公民能力三个基本主题,展开公民教育的实践。