统筹城乡发展与化解中国乡镇债务问题研究——以四川省成都市统筹城乡综合配套改革实验为例

中国乡镇债务规模巨大，覆盖范围广泛，不良债务比例较高，化解工作困难，严重制约了农村经济社会的持续健康发展。随着中国统筹城乡发展战略的深入实施，国家对农村教育、医疗卫生、基础设施建设等公共事业的投入和支持力度不断加大，为化解乡镇债务并彻底消除其产生存在的基础带来了重大机遇。     

上下位法间的效力优先与适用优先——兼论自治法规、经济特区法规和较大市法规的位阶与适用

效力优先是下位法与上位法抵触的情况下,上位法的＂效力优于＂下位法,其根据是梅尔克—凯尔森位阶理论的第一要义：上位法是下位法的效力依据,下位法的创制应当符合上位法预设的创制方式和内容;而适用优先是下位法符合上位法的情况下,下位法的＂适用先于＂上位法,其根据是梅尔克—凯尔森位阶理论的第二要义：下位法是上位法的具体化和个别化。上位法优于下位法属于效力优先,不存在例外。自治条例、单行条例和经济特区法规的位阶低于法律、行政法规,其变通规定优于法律、行政法规不是效力优先的例外,而属于适用优先。较大的市的地方性法规的位阶低于省级地方性法规,其与省级法规适用中的难题也可从效力优先与适用优先的区分中寻求解答。     

关于工会工作方式存在的问题及对策研究

工会组织要代表和维护职工利益必须采取群众化的工作方式,但工会存在的机关化和行政化工作方式严重的制约着工会作用的发挥。为此,工会必须实现工作方式上的转变,实现工会工作方式的群众化,把工会建设成为能切实代表和维护会员和职工群众利益的工人阶级群众组织。     

Bagehot Smiling: Gordon Brown's ‘New Constitution’ and the Revolution that Did Not Happen

The MPs expenses scandal that erupted in May 2009 has certainly rekindled interest in the next stage of constitutional reform and democratic renewal in Britain. This article examines how Gordon Brown's tenure as Prime Minister has differed from Tony Blair's in relation to the ‘new politics’ narrative. It argues that despite his long‐term personal commitment to major constitutional reforms, the role of crises in recalibrating the political opportunity structure and the manner in which electoral incentives can alter elite attitudes to institutional change that Brown's tenure can be characterised by optimism followed by timidity. Gordon Brown may have flown a few kites in relation to a written constitution, electoral reform, English devolution and the future of the House of Lords but he has left things far too late for a ‘constitutional moment’. Brown may have the political inclination but he lacks the capacity to deliver far‐reaching reform; Cameron is likely to have the capacity but not the inclination.     

SEX EDUCATION LEFT AT THE THRESHOLD OF THE SCHOOL DOOR: STRICTER REQUIREMENTS FOR PARENTAL OPT‐OUT PROVISIONS

Current state law creates the risk that, if sex education is not provided to a child in public school, no similar instruction will be given to the child. Legislatively enacted opt‐out provisions give parents broad control over their child's education by granting them the option to have their child excused from any sex education requirements within a public school's curriculum. Through public school sex education, professionals provide youth information aimed at protecting them from the dangers of pregnancy and sexually transmitted diseases (STDs). A stricter statutory opt‐out provision should be enacted by state legislatures that only allows parents to excuse their child from sex education after a parent attends a 90‐minute STD prevention course and receives the instructional material used in the school's sex education curriculum. Parents should be provided up‐to‐date information and a structural framework designed by the school to encourage them to discuss with their child the many sexual issues addressed within a school's sex education curriculum.     

官僚制模式下的人事管理制度批判——兼谈新公共管理理论

行政人员是行政组织存在的必要条件。只有建立科学的人事管理制度,才能为行政组织提供有力的人才保障。在官僚制理论指导下的传统人事管理制度僵化而没有弹性,注重过程而不是结果,没有明确的责任机制等弊端越来越不能适应社会环境的需要。新公共管理理论指导下的人事管理制度灵活有弹性,注重产出,明确责任等优势适应社会环境的发展。     

Free Expression,Pre‐Crime and Counter‐Terrorism Legislation

This article examines the Counter‐Terrorism and Border Security Act 2019 and how this new piece of legislation undermines fundamental human rights, including those protected in the Universal Declaration of Human Rights (UDHR). It considers in particular how the new act criminalises behaviour with a wide sweep, to include behaviour that is not in itself criminal, but might be indicative of future criminal intent. As a result, the act restricts the right to freedom of speech and to liberty in a manner that is neither necessary nor proportionate.     

Why Right‐Leaning Populism has Grown in the Most Advanced Liberal Democracies of Europe

Immigration and new class divisions, combined with a growing anti‐elitism and political correctness, are often used as explanations for the strong gains for right‐leaning populist parties in national elections across Europe in recent years. But contrary to what we might assume, such parties have been very successful in the most developed and comprehensive welfare states, in nations—such as the Nordic countries—with the best scores on economic equality and social inclusion and long established political and judicial institutions enjoying a high degree of popular legitimacy. As argued in this article, this seems to happen because a duopoly of the centre‐left and centre‐right political establishment has kept issues such as immigration and new class divisions off the public agenda and hence paved the way for right‐leaning ‘disruptor’ populist parties with an anti‐immigration agenda in times of increasing immigration.     

The Quiet Revolution? The Labour Party and Welfare Conditionality

Labour's 2017 general election manifesto contained a pledge to ‘end the punitive sanctions regime’ in the British welfare state. Whilst the specific implications of this pledge were not elaborated, such a policy would nevertheless constitute a profound break with a welfare consensus spanning over twenty years. The depth of the suggested changes on welfare are also evident in the scale of reform proposed to disability benefits, as well as plans—confirmed in August 2018 by the Shadow Chancellor John McDonnell—to pilot universal basic income. Collectively, these policies would seemingly be deeply at odds with public opinion on the benefits system, which over the course of the last two decades has significantly hardened. Yet despite the seemingly radical and controversial nature of the policy, it received very little media or public attention during the election campaign. This article explores Labour's ‘quiet revolution’ on welfare, examining whether Labour's new welfare approach is indeed a bold attempt to reshape public opinion on welfare or, alternatively, a mostly pragmatic reaction to changing social attitudes. The argument presented is that whilst there are persuasive explanations that Labour is responding to a change in the public mood, there is also evidence of a more ambitious goal at stake: the aim of reshaping, not simply responding to, public opinion on the welfare state.