六十年公民政治权利宪政历程的回顾与思考

中华人民共和国成立,实现了人民当家作主的政治制度,但是公民政治权利的发展经历了一个曲折的过程。我国公民政治权利的发展呈现主体矫变、内容衍变以及实践方式巨变的历史特征,透视出社会主义民主政治建设的公民政治权利诉求。     

全球治理与国际竞争法的网络模式

由于新自由主义理论的勃兴和市场机制的内在张力,国际社会步入了国际化市场经济阶段。国际化市场经济要求国际社会建立国际竞争机制解决国际市场失灵。在"洛克式"的国际体系下,借助全球治理理论建立一个多层次的国际竞争治理网络模式是国际社会现实的选择。多层次的国际竞争治理网络模式可以借鉴经济学的联邦财政理论和体制竞争理论确定各个层次的管辖权划分。     

Market structure and disempowering regulatory intermediaries: Insights from U.S. trade surveillance

Public agencies outsource a wide variety of tasks to nonstate actors, or what can be referred to as regulatory intermediaries. In certain circumstances, these agencies may seek to disempower those regulatory intermediaries by reclaiming, duplicating, or transferring the outsourced task. When will these disempowerment attempts be successful? This article presents the Market Structure Hypothesis, which contends that the level of competition between regulatory intermediaries will, all things equal, determine whether disempowerment attempts succeed. To test this hypothesis, this article examines the U.S. Securities and Exchange Commission's attempts to acquire the independent capacity to conduct nationwide trade surveillance in the 1980s (Market Oversight Surveillance System) and 2010s (Consolidated Audit Trail). Evidence derives from archival materials, a Freedom of Information Act Request, and 60 interviews in Oxford, London, Toronto, New York City, and Washington, DC. The empirical results corroborate the hypothesis' expectations, contributing to our understanding of public-private partnerships and shedding new empirical light on an understudied topic of securities regulation.     

Domestic regulatory reform and transgovernmental networks: Brazil and China in the global competition regime

Developing countries increasingly participate in transgovernmental networks of global regulatory governance, but they do so in different ways. This article aims to provide an explanation for this variation for two of the major emerging powers in the world economy, Brazil and China, in their transition toward more active players in the global competition regime. Distinguishing between bilateral and multilateral transgovernmental networks and examining the domestic factors conditioning the transition of their national competition agencies from rule-takers to rule-promoters or rule-makers through these networks, the article makes theoretical contributions to the linkage between transgovernmentalism and the regulatory state. I argue that differing political needs and the incomplete process of regulatory state formation push domestic agencies to join transgovernmental networks, with a need for greater legitimacy steering the Brazilian regulators to multilateral networks and facilitating their transition from rule-takers to rule-promoters. The Chinese agencies' primary need for expertise rather than legitimacy, by contrast, led them to pursue technical assistance and cooperation via bilateral relationships. The Chinese approach has slowed its transition from rule-taker to rule-promoter where its norms and practices are aligned with the established powers. Such approach will further impede its transition into a global rule-maker in areas of competition law and policy where China's preferences diverge.     

Participation rationales,regulatory enforcement,and compliance motivations in a voluntary program context

This article extends the study of regulatory compliance motivations from “traditional” regulatory settings to a government-sponsored voluntary one. We argue that the rationale(s) which motivate participants to engage a voluntary program likely shape which motivations drive them toward (or away from) program compliance. Our study examines the possible influence of program participation rationales alongside that of regulatory agents' enforcement styles and strategies. Leveraging a national survey of certified United States Department of Agriculture organic producers, we find that the more a producer pursues organic certification to increase profits, the more likely they are to report deterrent fears as an important compliance motivation. In contrast, the more a producer becomes certified to support the organic movement, the more heavily they weigh a personal sense of duty to comply. We discuss the implications of these, and other, study findings for compliance motivations theory and voluntary program integrity.     

The symbiotic tensions of the regulatory–carceral state: The case of cannabis legalization

Recent scholarship has emphasized the need to develop a polymorphic conceptualization of the regulatory state. This article contributes to this theory-building project by outlining a research agenda for exploring the symbiotic interactions and tensions between the regulatory and carceral morphs of the state. Using the case study of cannabis legalization reforms in the United States, we argue that the legitimation deficits of the carceral state stimulate the proliferation of new regulatory frameworks for governing social problems that were traditionally handled by the criminal justice system. We demonstrate how the polymorphic approach illuminates the ways in which the regulatory and carceral morphs of the state compete for influence over shared policy domains, but also complement and reinforce one another. Thus, rather than precipitating the demise of the carceral state, cannabis legalization reforms sustain a bifurcated governance structure perpetuating long-standing patterns of using drug law as a means for racialized social control.     

Legal enclaves as a test environment for innovative products: Toward legally resilient experimentation policies1

Many countries adhere to the Organisation for Economic Co-operation and Development creed that innovation is good for the economy. Experiments are often used to intentionally create space for innovation. Decisions allowing experiments result in temporary legal enclaves for a few, excluding many others. Therefore, they come with risks. The aim of this article is to provide a set of guidelines that help improve the legal resilience of experimentation policies, so they are better able to withstand legal attacks when they occur. To do so, we first arranged the existing diversity of legal experiments in a theoretical model. Special attention was paid to two archetypes of legal experiments: statutory experiments and regulatory sandboxes. Second, we analyzed the impact of both types of experiments on four core legal principles: legality, certainty, equality, and public accountability. From this assessment, we eventually formulated a set of guidelines to secure or improve legal resilience.     

Strategy of Chinese policy entrepreneurs in the third sector: challenges of “Technical Infeasibility”

Studies of policy entrepreneurs have become a staple of public policy research. Very few such studies deal with the circumstances of China. This paper aims to remedy this oversight by exploring the mechanisms of policy change in China. Using John Kingdon’s Multiple Streams (MS) Model, the author develops the “Technical Infeasibility Model.” The paper tests the MS model’s applicability to China by examining strategies put forth by Chinese policy entrepreneurs in the third sector. It considers how they may successfully promote change by using a strategy of proposing a relatively radical policy concept that is politically acceptable and technically infeasible to policy makers. To illustrate such a strategy, this paper considers a case of policy change involving Chinese urban vagrants. The policy on “Detention and Repatriation,” which was first implemented in 1982, was challenged following the Sun Zhigang Incident in March 2003. Shortly thereafter law scholars filed two suggestion letters to the National People’s Congress Standing Committee calling for a constitutionality review of the Detention and Repatriation System. Though it was “technically infeasible” to air such a proposal in China at that time, the State Council initiated action to abolish certain provisions of the Detention and Repatriation System. However, the National People’s Congress Standing Committee did not conduct a constitutionality review.

Challenging U.S. Policymakers' Image of an Isolationist Public

A persisting question in international studies is whether academic research can have an impact on the making of foreign policy. Much research has shown that policy decisions can be greatly influenced by misperceptions, just as much as by objective factors. The article describes an effort by academic researchers to challenge U.S. policymakers' image of an actor in the U.S. foreign policy process—the American public. The study's focus was a widely held assumption in the U.S. foreign policy community that the American public in the wake of the Cold War was entering a renewed phase of isolationism, similar to the interwar years. The study first interviewed policy practitioners on their perceptions of the public, then performed a comprehensive review of existing polling data, and finally conducted new polls with input from policymakers themselves. The net result of the elite interviews and the analysis of public attitudes revealed a significant gap in all areas, which is presented in synopsis. Interviews with policy practitioners reveal two key dynamics that could well contribute to policymakers' misreading the public: a failure to seek out information about the public and a tendency to assume that the vocal public is representative of the general public. Indications that the study did have some impact on the thinking of policy practitioners are discussed in the conclusion.     

军事信息技术作用机理的哲学思考

信息技术是当代军事高技术中的核心技术。从哲学层面深入探讨军事信息的本质,揭示军事信息技术对军事实践活动作用机理,对于深化信息化战争和信息化军队建设的认识,对于我军实践“双重历史任务”具有重要的理论和现实意义。