新农村建设的失范与理性

新农村建设是一项长期艰巨的任务,需要明确主体,发挥各级政府的作用,避免在实际中出现形式主义等不良现象,理性地规范行为秩序。     

The enfranchisement of citizens abroad: variations and explanations

Today, a large majority of states allow at least some of their emigrants to take part in home country elections from abroad. This article first looks at the diffusion of external voting laws and shows that over the past 25 years they have become widely-adopted and are no longer limited to specific professional categories of citizens. Second, the article explains the international diffusion of external voting by discussing the “norm-internationalization hypothesis” and the “electoral-competition hypothesis.” Third, the article attempts to demonstrate that these hypotheses cannot explain why, in a democratic context, states continue to implement a series of hurdles that deter emigrants from using their newly gained rights. Looking at recent developments in Latin America and the Middle East and North Africa, it concludes that the diffusion and variations of external voting laws result from transnational negotiation processes in a context of democratic transformation among various actors whose interests are strongly affected by the inclusion or exclusion of these new voters.     

试论农民工社会保障权的法律保护

农民工是指具有农村户口在城镇务工的劳动者,它具有农民与工人的双重身份。农民工为城镇的发展和建设作出了重大贡献。由于农民工与城镇居民身份的差别,带来了许多问题。这些问题集中起来主要是农民工社会保障权等问题。农民工社会保障权保护差强人意,不仅有观念上的原因,也有体制和法律上的原因。解决农民工社会保障权保护问题,必须从制度创新入手,加强农民工社会保障法律制度建设,建立健全农民工社会保障法律机制,把农民工社会保障落实到法治层面上。     

基层维稳视阈下破解非正常上访难题的路径探析

非正常上访与基层维稳的内在勾连关系表现为:非正常上访意味着基层维稳过程中民众与基层政府间无法进行有效的对话和沟通,以及基层维稳运行过程中民众对基层政治主体、治理规范和程序的不认同。当前非正常上访被广泛地视为一种严峻的社会危机而予以"问题化",并呈现出非正常上访的主体向体制内延伸及非正常上访的方式暴戾化的动向。要有效破解非正常上访问题,应当从以下几个方面入手:一是提高司法公信力,防止法律纠纷溢出司法渠道;二是完善信访问责制度,防止民众将非正常上访作为解决问题的博弈手段;三是完善人大代表的民意沟通功能,防止民众将所有的诉求向基层政府倾泻。     

The Impact of Socio-Cultural Integration on Return Intentions: Evidence from a Survey on Romanian Migrants

Abstract

This article analyzes the impact of socio-cultural integration on migrants’ intention to return to their country of origin. It distinguishes between the potential effects of inter-ethnic relations, language proficiency and perception of discrimination as components of integration. It uses individual-level data collected through an original survey among Romanian migrants in January 2018. It aims to test the effects of socio-cultural integration against those of alternative explanations provided in the literature. The findings indicate that the perception of discrimination, assessment of public institutions’ performance and belonging feelings are important predictors for return intentions.     

The Far North Act in Ontario,Canada: a sons of the soil conflict in the making?

In 2010, the Government of Ontario, Canada passed the controversial Far North Act. The Act purportedly aims to promote land use planning and sustainable development while recognising Aboriginal and Treaty rights. There are, however, early warning signs that the Act could be a breeding ground for future conflict between Indigenous peoples and other stakeholder groups. This article adopts a ‘sons of the soil’ conceptual framework to explore the mechanisms that could give rise to the escalation of Indigenous vs. non-Indigenous conflict. The findings provide important insights for theorising the contentious politics around land and territory in diverse settler-colonial contexts.     

Unregistered residents and registered crime: an estimate for asylum seekers and irregular migrants in Norway

The purpose of our study has been to better estimate the number and types of crimes committed by asylum seekers and irregular migrants. While data on immigration status for non-residents are lacking in Norwegian crime statistics, we use indirect identifiers (lack of a national ID number, citizenship, residency) to arrive at an estimate for persons with a pending asylum claim and the related group of irregular migrants (i.e. non-EU citizens). A very small amount of the total crimes registered with a known offender are committed by this group. However, these groups are most likely overrepresented as offenders compared to the registered resident population, also when taking age and gender into consideration. Our method is recommended in a field otherwise dominated by political arguments and as an alternative to registering asylum status in crime registers.     

Comparing the access conditions for minimum income support in four EU member states for national,EU and non-EU citizens

This research analyses the conditions imposed on national, EU and non-EU citizens who wish to access minimum income (MI) benefits within four EU Member States, specifically within Finland, France, Ireland and Spain. The primary aim is to identify and compare the required MI access conditions. Furthermore, focus is given to the residence requisites, which are discussed in relation to relevant supranational regulations in order to detect possible multilevel implications. The paper concludes with the identification of different MI conditions, such as stricter age requisites in France and Spain. Moreover, the study of national cases allows for consideration of how the EU social protection floor works at the national level. In this regard, the restrictions that affect EU/EEA migrant jobseekers and economically inactive population groups who wish to access MI in Finland, France and Ireland show the limits of the EU minimum social assistance floor, only recognised for EU/EEA migrant workers. Finally, implications arise according to human rights instruments such as the European Social Charter, which demands that social assistance shall not be confined to nationals or to certain categories of foreigners, allowing for comparison between the different personal scopes of the equal treatment principle required by the distinct supranational levels.     

The Reliability of Facial Recognition of Deceased Persons on Photographs

In humanitarian emergencies, such as the current deceased migrants in the Mediterranean, antemortem documentation needed for identification may be limited. The use of visual identification has been previously reported in cases of mass disasters such as Thai tsunami. This pilot study explores the ability of observers to match unfamiliar faces of living and dead persons and whether facial morphology can be used for identification. A questionnaire was given to 41 students and five professionals in the field of forensic identification with the task to choose whether a facial photograph corresponds to one of the five photographs in a lineup and to identify the most useful features used for recognition. Although the overall recognition score did not significantly differ between professionals and students, the median scores of 78.1% and 80.0%, respectively, were too low to consider this method as a reliable identification method and thus needs to be supported by other means.     

法治视角下水库移民类群体性事件的思考——以云南绥江“3．25堵路事件”为例

云南绥江“3．25堵路事件”是典型的水库移民类群体性事件,反映了我国水库移民普遍存在的共性矛盾。从法治视角看,私权保护不足是引发水库移民类群体性事件发生的主要原因。在实体层面,未将“人”作为考量水库建设可行性的主要因素,对水库移民的补偿不足。在程序层面,公民难以参与公共决策,权利救济的路径狭窄。预防与控制水库移民类群体性事件的主要对策是：慎行水库移民,完善移民补偿立法,建立移民程序机制,慎用强权对待权利诉求。