我国台湾地区的刑事搜查制度与借鉴

我国大陆与台湾地区刑事搜查制度各不相同,然而搜查一般都应遵循司法审查、特定性、合理根据、人格权保障等原则。为加强两岸间交流和保护人权,我们可以借鉴台湾地区刑事搜查制度的经验,逐步完善我国的刑事搜查制度。     

在历史、模式与理念之间——通过最高法院与宪法法院的合宪性控制

伴随司法之社会控制功能的增长以及合宪性控制机制的深度发展,在很多国家,“最高法院违宪审查”作为一术语在法律制度的概念范畴中逐渐占据一席之地,“宪法法院违宪审查”也作为一项专门宪政制度在诸多国家得到了良好践行。本文以最高法院与宪法法院的违宪审查为主线,从历史、制度与理念层面比较探讨这一问题,并分析我国的违宪审查问题,以求为建构我国合宪性控制机制提供更为广阔的视野与思维空间。     

Public Service Motivation Scholarship in Africa: A Systematic Review and Research Agenda

Although several literature reviews have been published on public service motivation (PSM), none of them focused solely on Africa. Adopting a systematic review of the literature, we analyse articles on PSM scholarship in Africa published between 2005 and 2017. We found that authors in African PSM is consistently increasing with their research published in highly ranked peer-reviewed journals. The antecedents and consequences of African PSM are similar to those of Western countries. Finally, respondents of African PSM scholarship are skewed towards “managerist” and students’ perspective. We proposed agenda for African PSM research with four key interest areas.     

Regionalising the state: political topography of regulatory regionalism

In recent years new modes of regional governance such as peer review, policy networks, and multi-level governance, have emerged not only in the European Union but in other regions such as the Asia Pacific. This article explains the rise of these new modes of governance in terms of the framework of regulatory regionalism. It suggests that these new modes of governance constitute distinctive forms of regionalised governance within the state. Hence emerging practices of regional governance are not above the national state, but instantiated within it. Just as much as the national territorial state was consolidated over the nineteenth and much of the twentieth century, the twenty-first century is likely to see the consolidation of new forms and practices of regional governance in which the ‘regional’ becomes incorporated within the political space of the state.     

Understanding the Regulatory Thicket: Interactions Among State Environmental Regulators and Regulatees

Research exploring state-level regulatory interactions in the U.S. often employs survey methodology to ask front-line actors about their experiences. While these efforts are noteworthy, we argue that it is important to investigate these interactions utilizing a different approach. In this exploratory study, we use randomized vignettes, to which a respondent can react without fear of revealing practices or succumbing to social desirability. Our results are in concert with a growing body of literature that suggests cooperation between the regulator and regulatees is essential for future interactions in order to achieve compliance, yet each party’s perceptions may not be completely congruent.     

中国特色社会主义理论体系实践特色研究述评

实践性是中国特色社会主义理论体系鲜明的理论特色。对中国特色社会主义理论体系实践特色的研究,理论界主要从其形成、内涵及表现、实践基础、实践观和实践意义等方面进行了探讨并取得了丰硕成果。在此基础上,还要正视存在的问题和不足,以深化和拓展中国特色社会主义理论体系实践特色的研究。     

Scrutiny in English Local Government and the Role of Councillors

Overview and Scrutiny Committees were introduced in England and Wales in the Local Government Act 2000 that ended the role the full council and its committees as the locus of decision‐making for most local authorities. Overview and scrutiny committees composed of councillors not on small decision‐making executives were tasked with holding these to account. The performance of scrutiny committees is variable. Generally they work best where they concentrate on reviews of policy and practice, with recommendations following from well‐researched reports. The paper reviews the difficulties which arise when scrutiny committees endeavour to hold powerful executives to account, and suggests that to strengthen this new legislation is required, in particular to institutionalise scrutiny committees as agencies of the full council, the representative body for the area, comparable to the way in which the select committees at Westminster are the agencies of the Parliament.     

Governing disorder: the Australian Federal Police and Australia's new regional frontier

Abstract

The Australian Federal Police has in recent years become an important actor in both the implementation and design of Australian-led state building interventions in Australia's near region of Southeast Asia and the South Pacific. The article focuses on the recent expansion of the Australian Federal Police as a way of understanding the emergence of a new partly (and strategically) deterritorialized, ‘regional’ frontier of the Australian state. Within this new frontier, whose fluctuating outlines the Australian Federal Police not only polices but also to a considerable extent shapes and reshapes, as one of the primary expert agencies on identifying and managing transnational security risks, Australian security is portrayed as contingent on the quality of the domestic governance of neighbouring states, thereby creating linkages between the hitherto domestic governing apparatus of the Australian state and those of other countries. This allows for the rearticulation of the problems affecting intervened states and societies – indeed, their very social and political structures – in the depoliticized terms of the breakdown of ‘law and order’ and the absence of ‘good governance’, which not only rationalizes emergency interventions to stabilize volatile situations, but also delegitimizes and potentially criminalizes oppositional politics. The Australian Federal Police, however, does more than merely provide justification for intrusive state transformation projects. Its transnational policing activities open up a field of governance within the apparatus of intervened states that exists in separation from international and domestic law. The constitution of such interventions ‘within’ the state leaves intact the legal distinction between the domestic and international spheres and therefore circumvents the difficult issue of sovereignty. As a result, police and other executive-administrative actors obtain discretionary ordering powers, without dislodging the sovereign governments of intervened countries.     

Parental Socialization and Rational Party Identification

This article constructs a rational choice model of the intergenerational transmission of party identification. At a given time, identification with a party is the estimate of average future benefits from candidates of that party. Experienced voters constantly update this expectation using political events since the last realignment to predict the future in accordance with Bayes Rule. New voters, however, have no experience of their own. In Bayesian terms, they need prior beliefs. It turns out that under certain specified conditions, these young voters should rationally choose to employ parental experience to help orient themselves to politics. The resulting model predicts several well–known features of political socialization, including the strong correlation between parents' and children's partisanship, the greater partisan independence of young voters, and the tendency of partisan alignments to decay.     

British corporatism

Politics in Industrial Society. By Keith Middlemas. London: Andre Deutsch, 1979. Pp.512. £14.95 (case). £5.95 (paper).

The Politics of the Corporate Economy. By Trevor Smith. Oxford: Martin Robertson, 1979. £17.50.

Governing Under Pressure: The Policy Process in a Post‐Parliamentary Democracy. By J.J. Richardson and Grant Jordan. Oxford: Martin Robertson, 1979. £16.50 (case). £5.90 (paper).