地方自治的宪法保障——以德国基本法规范及宪法诉讼为考察对象

在联邦德国地方自治是宪法保障的重要内容之一。制度保障理论是地方自治宪法保障的理论基础。法律主体保障、客观法制度保障以及主观法律地位保障,是地方自治宪法保障的主要内容。联邦宪法法院在实施地方自治宪法保障的实践中,发展了一系列的宪法原则。理论与实践的相互促进,使地方自治制度在联邦德国得到了全面的发展。     

The gender politics of economic competitiveness in Malaysia's transition to a knowledge economy

Abstract

Many academic commentators have pointed to how the widening and deepening of a neoliberal reform agenda in Southeast Asia has brought about the end of developmental forms of state governance and the emergence of less directly market interventionist states pursuing economic ‘competitiveness’. In this paper, I note how notions of competitiveness are increasingly fused with ideas regarding the contribution of gender equity and women's empowerment to national economic success. However, drawing upon a case study of Malaysia, this paper highlights how government policies stressing both the marketisation of social reproduction and the need to expand women's productive roles are constantly brought into tension with embedded social structures. Such an emphasis is essential to any understanding of the role of the Malaysian state in economic development – a role that has been fundamentally shaped by a localised politics of ethnicity. The paper draws upon examples from government policy-making that conceptualise women as key workers in the emerging knowledge-driven economy and as microentrepreneurs driving pro-poor economic growth and illustrates how such policies are brought into tension with traditionalist discourses concerning the appropriate role of women in society.     

The social order of Chinese capitalism: socio-economic uncertainty,communist party rule and economic development, 1990–2000

China's financially repressed economy remains characterized by a distinctly resilient political structure (the Chinese Communist Party, CCP) that penetrates both increasingly rational ‘private’ (market) and ‘public’ (state) organizations. How are we to understand the financial system's role in this persistently illiberal yet marketizing political economy? This paper develops a theory of China's financial reform as the management of socio-economic uncertainty by the CCP. Since the early 1990s, the financial system has formed a locus of the CCP's capacity both to manage and to propagate socio-economic uncertainty through the path of reform. The unique path of financial reform in China should thus not be viewed solely in terms of ‘partial’ or ‘failed’ free-market reform, but rather as the product of a more concerted vision of how the financial system enabled a mode of economic growth that combined the drive for accumulation of capital with the distinctive legacies of China's post-1989 socio-political circumstances.     

WHAT ROLE FOR GOVERNMENT? THE PROMOTION OF CIVIL SOCIETY THROUGH FORESTRY‐RELATED CLIMATE CHANGE INTERVENTIONS IN POST‐CONFLICT NEPAL

This study examines rationales behind the choice of local interlocutors by forestry‐related climate change projects in post‐conflict Nepal. In their stated objectives, all projects claim to involve the government, and most project decision makers are in favor of government involvement, yet project resources overwhelmingly favor civil society institutions. Project decision makers' choices are shaped by a combination of donor conditionalities, contextual constraints, and beliefs about which institutional attributes matter and how to address historical marginalization. The projects' empowerment of civil society sidesteps opportunities to strengthen the local government, which is described as weak, disinterested, and lacking legitimacy owing to the absence of elections due to the unsettled post‐conflict situation. Through the choices made and their justifications, projects and donors further marginalize the local government materially and discursively and thereby entrench its perceived deficiencies. We argue that this privileging of civil society may have implications for government legitimacy and post‐conflict reconstruction and call for donors and the intervening institutions they fund to critically and collectively reassess the role of forestry‐related climate change projects in the larger process of post‐conflict reconstruction in Nepal. Copyright © 2014 John Wiley & Sons, Ltd.     

制约和监督权力的三大对策

腐败的实质就是公共权力的非公共运用,即被用来谋取私人利益。防止公共权力非公共运用的关键之点,是对权力实施制约和监督。实现对权力的制约和监督,应做到以法制权、以德制权、以权制权和以民制权。具体来说可从三个方面着手:一是筑牢思想防线。要激发领导干部自我制约和自我监督的内在自觉性,在思想上筑牢道德防线、纪律防线和法律防线。二是推进阳光用权。让权力在阳光下运行,接受民主监督,从而得到公众的理解和支持,赢得公众的信赖和拥护。三是坚持制度管权。制度管权是法治国家制约权力的通行法则,制度要具体实在,针对问题、解决问题,并且确保执行,只有这样才能做到把权力关进制度的笼子里。     

制度廉洁性评估:理论基础、实践探索及推进策略

由于利益相关方施加影响、立法技术存在局限、社会情势不断变化等原因,制度可能存在腐败漏洞。制度廉洁性评估是防范利益冲突、筑牢制度"铁笼"、从源头上铲除滋生腐败土壤的有效方式,也是"良法之治"的必然要求。我国目前开展的制度廉洁性评估试点工作在评估的主体、对象、内容及方式等方面进行了有益探索,积累了一定经验。进一步推进制度廉洁性评估工作应充分调动各方积极性,准确把握评估的重点对象,科学设计评估指标体系,将立法前评估与立法后评估相结合,依职权评估与依申请评估相结合,逐渐建立长效机制。     

The Historical Roots of ‘Neo’-Conservativism

Analysis of recovery from internal conflict has neglected difficult, but evident, problems of regime resistance to refurbishment of state institutions. How widespread is such resistance, what are its causes and how might it be remedied? Frequently the problem is attributed to ‘lack of political will’ but that generality raises more questions than answers. This article investigates manifestations of regime resistance to institutional refurbishment, how they buttress the pursuit of private interest to the detriment of collective need, and the difficult challenges confronting reform processes whether driven by internal political demand or forms of external assistance. The thesis advanced is that institutional refurbishment within states recovering from internal conflict is critically dependent on intermediate relationships that evolve between ruling authorities and their publics. Here the organization and management of public grievances is critical.     

Exploring University Mission-Identity Perceptions: Predictors of Faith Maturity

Two studies examined mission-identity perceptions as predictors of faith maturity among students at a faith-based university. Study 1 (n = 304; 222 women, 82 men) assessed the relationships among students in the general student population. Study 2 was a replication of Study 1, but included students involved with a campus ministry organization (n = 94; 69 women, 25 men). In Study 1, innovative and inclusive mission-identity perceptions were significant, positive predictors of vertical and horizontal faith maturity. The findings of Study 2 were consistent with those of Study 1, with one exception. Specifically, no evidence of a relationship between mission-identity perceptions (innovative and inclusive) and horizontal faith maturity was found in Study 2. Results may offer insight into the factors that influence students' spiritual development at faith-based universities.     

论人民政协在政治协商中的双重功能

人民政协在政治协商中具有主体地位和制度平台的双重功能。在实践中,主体地位表现为与人民政协的协商,制度性平台的作用表现为在人民政协的协商,同时,人民政协在政治协商中具有的双重功能是有机统一、相辅相成的。这双重功能是中共老一辈领导人的科学设计,自党的十一届三中全会以来得到继续坚持和发扬光大,它顺应了我国政治制度的内在要求。     

促进债券市场发展，完善企业融资结构

发展相对滞后的企业债券市场,不利于中国多层次资本市场的建设和发展。该文分析了制约企业债券市场发展的根本原因在于企业债券市场的行政制度的约束和发展外部制度性的约束。要发展中国企业债券市场,一方面要转换企业债券市场行政约束制度为法律约束、市场约束制度,同时又要相应的金融监管体系,做到金融监管跟进金融创新的步伐;另一方面要进一步改革银行信贷制度、完善国有企业产权制度、完善公司法人治理结构、股票发行和上市公司分配等外部制度约束。