第三人撤销之诉原告适格的再考察

利用2012年民诉法实施以来司法实践中积累的相关裁判文书,区分起诉审查和实体审理两个程序阶段,可以对分别以裁定和判决就原告适格作出判断的若干第三人撤销之诉案例从法解释论的角度进行分析。经考察有独立请求权第三人和无独立请求权第三人这两类提起撤销之诉的第三人的多种情形,可看到此类案件实际上很可能间接地起到遏制虚假诉讼或不诚信诉讼行为的作用,且具有规范第三人参加诉讼制度的程序运用或增进为第三人提供的程序保障等其他方面的潜力。不过,在原告适格等诉讼要件的审查和一些相关的程序设计上,司法实务对第三人撤销之诉的运用仍有待于进一步的改进、完善,并需要继续获得理论上的支撑。     

地方政府绩效评估体系的路径选择——福建的分析

本文分析了地方政府绩效评估体系的内涵及其路径选择的实质,并从自上而下绩效评估与自"下"而上绩效评估两类活动的角度,勾勒了目前地方政府绩效评估体系的现状和发展趋势,提出通过调整评估系统的构成要素组合来发展与完善地方政府绩效评估体系。以福建省绩效评估体系的演进为例,指出发展地方政府绩效评估体系的可能路径在于,通过平衡参与评估各方的利益需求,充分发挥政府内外各个利益相关者的作用,运用综合评估标准,由各方协商确定评估指标的权重,谨慎使用评估结果,从而改善整个评估体系的绩效。     

Back to a Predominant Party System: The November 2015 Snap Election in Turkey

Abstract

Turkey’s snap parliamentary election in November 2015 took place in an environment of growing political violence and terrorism resulting from the renewal of the Kurdish conflict in the southeast and two major suicide bombings carried out by Islamic State of Iraq and Syria (ISIS). Presenting the coalition arithmetic, the article first examines the failure to form a government after the previous election five months earlier. It then examines the campaign for the November election, including party strategies, key issues and the role of the media, before analysing the results and the election winners and losers. In restoring a parliamentary majority for the Adalet ve Kalk?nma Partisi (Justice and Development Party – AKP) that has governed Turkey continuously for the past 13 years, the November election marked the basic continuity of Turkey’s predominant party system.     

Two types of economic voting: How economic conditions jointly affect vote choice and turnout

The economic voting literature mostly looks at vote choice, ignoring potential effects on turnout. Studies that do focus on the latter often ignore the former, and come to contradictory conclusions. I develop a model of economic voting that jointly incorporates vote choice and abstention due to alienation or indifference. Analyzing ten elections with validated turnout data and conducting empirically informed simulations, I make two contributions. First, I show that “turnout switching” accounts for up to one third of total economic voting. This second type of economic voting is more common when the number of parties is low and responsibility is dispersed. Second, I show that a bad economy moves some people to abstain while having the opposite effect on others. The aggregate effect is ambiguous and related to macro-conditions in a non-linear way. This explains contradictory findings in the literature.     

Defining and classifying technocrat‐led and technocratic governments

Governments led by technocrats remain a nebulous category in political science literature, with little clarity about how they differ from party governments, how many have existed and how we can differentiate between them. This article aims to provide that conceptual and empirical clarity. Having proposed an ideal type definition of ‘technocratic government’, it sets out three conditions for an operational definition of a ‘technocrat’ and, on that basis, lists the 24 technocrat‐led governments that have existed in 27 European Union (EU) democracies from the end of the Second World War until June 2013. It then classifies these according to their partisan/technocrat composition and remit. This allows for the presentation of a typology of four different types of technocrat‐led governments and the definition of ‘full technocratic governments’ as those which contain a majority of technocrats and – unlike caretaker governments – have the capacity to change the status quo. The article concludes that full technocratic governments remain extremely rare in EU democracies since there have been only six cases – of which three have occurred in the last decade.     

Gamson rule not for all: Patterns of portfolio allocation among Italian party factions

This article investigates the dynamics of portfolio allocation within political parties to shed light on the patterns of conflict and cooperation between rival party factions. It provides a game‐theoretic model that helps in explaining differences in portfolio allocation due to alternative modes of party organisation or party system competitiveness. Focusing on party congresses to estimate the number, strength and policy positions of party factions, the Italian case is analysed by testing some hypotheses generated by the theoretical model. The results shown that, overall, spoils are shared in proportion to the strength of each faction, in line with the prediction of Gamson's Law. However, there are also some important deviations from this path. Rules that foster party leaders' autonomy in fact provide them with a higher degree of discretion that will be used to reward their followers and to ward off any credible and harmful threat to party unity. Indeed, strategic portfolio allocation might balance out a lower amount of policy payoffs and becomes a strategy to restrain minorities from breaking away, thus contributing to the preservation of party unity in highly competitive political systems.     

传统手工艺传承发展中的知识产权问题研究

随着非物质文化遗产保护工程的不断推进,与市场关系最为密切的传统手工艺的有关权利主体已愈来愈意识到知识产权在传统手工艺保护中的重要性,因此,运用著作权、专利权、地理标志权、商标权等知识产权权项来保护自己的传统手工艺的权利主体们逐渐增多,但实践中也暴露出诸如知识产权权项的选择、技术标准的制定、维权的艰难等一系列突出问题,必须采取恰当路径与模式为传统手工艺提供切实有效的知识产权保护。     

新时期加强党的纯洁性建设的思考

2013年是全面贯彻落实党的十八大精神的开局之年,扎实推进党风廉政建设和反腐败工作,对永葆党的纯洁性意义重大。本文主要从党的十八大及党的十八届三中全会对反腐倡廉建设的部署和要求,全面分析新形势腐败的新动向,总结腐败的原因,推动新的历史条件下反腐倡廉建设与党的纯洁性建设的思考,永葆党的纯洁性。     

Democratic Governance: A Genealogy

This essay draws on my book, Democratic Governance (Princeton University Press, 2010), to provide a genealogy of governance and to explore its implications for democracy. My arguments can be quickly stated: governance rose and spread as a consequence of new modernist theories and the public sector reforms that were inspired by these theories; policy actors respond to the challenges of governance by supplementing representative institutions with yet more modernist expertise.     

Electoral discourse analysis of state foreign policy development: exploring the party politicization of the Commonwealth in UK Westminster elections 1945–2010

This paper focuses on the policy discourse of the Commonwealth in Wales, UK general election manifestos 1945–2010. It reveals party politicization in the immediate post-war period underpinned by contrasts in policy framing and a Left–Right cleavage spanning a range of issues including immigration and development. A significant post-1970 decline in salience is shown to be accompanied by a shift from substantive to symbolic policy-making and cross-party convergence around residual policy frames whereby the Commonwealth is used to evoke past influence and a normative vision of international governance. This has wider significance for the present electoral discourse approach provides a transferable methodology to inform understanding of party dynamics and policy framing in the formative stage of international relations policy-making.