试述中国传统的立法模糊性特点

模糊性是中国传统立法的一大特点。作为一把双刃剑,中国传统立法的模糊性在历史上表现出了正反两方面的作用。在中国现代立法实践中,必须通过合理的措施尽量避免传统立法模糊性弊端的发生,维护法律的权威。     

实证主义经济宪法学的基本结构——一个基于文献综述的研究

实证主义经济宪法学的研究包括了对制宪程序及其影响因素的经济研究和对宪法规则产生的经济影响的研究两个部分。前者包括:第一,静态经济研究,主要是对影响制宪程序的因素的研究,在制宪的经济背景,个体的利益衡量、偏好、价值观、意识形态,社会的风俗、习惯、社会规范和诸如利益集团、社会组织、供以参考的其他国家的宪政制度等。第二,动态经济研究,主要包括对显性宪法变迁的经济研究和对隐性宪法变迁的经济研究。后者包括研究宪法权利的经济影响和研究统治结构的经济影响。     

我国矫正教育制度的反思与重构

矫正教育是监狱权的行使方式之一,是利用道德的“软力量”对罪犯进行教化,从而达到罪犯再社会化的目的。深化的复归理论、教育刑理论、刑罚人道化思想从不同的角度和侧面共同作用、合力支持着矫正教育的理论。我国的矫正教育制度基本上符合矫正教育的理念和世界各国普遍的作法,但由于受立法时各种条件的局限,在立法理念、立法技术和制度保障方面还存在着一定的缺陷,对此在以后的矫正教育制度设计中应给予必要的关注。     

Shinzo Abe's security legislation reform and peacebuilding in Mindanao

Recent literature on Japanese foreign policy has focused on analysing the implications of Prime Minister Shinzo Abe's security legislation reform for the bilateral security alliance relationship with the US amidst a rising China and the right to collective self-defence. Its impact on Japan's multilateral security policy, in particular, peacebuilding, has so far received little attention. In what ways and to what extent does Japan play a peacebuilding role under this change? This article examines key implications of the security legislation reform, along with the renewal of Japan's Official Development Assistance charter, for its peacebuilding efforts. By taking Mindanao, the Philippines, as a case study, it argues that Abe focuses on taking a foreign aid-centred approach while showing little interest in sending Japanese Self-Defence Force. This article provides a counter-narrative to the claim that Japan is taking a more assertive approach to international security. Abe is more risk-averse as far as his approach to peacebuilding is concerned.     

“Vivimos en Jaula de Oro”: The Impact of State-Level Legislation on Immigrant Latino Families

This study sought to learn from Latino immigrant parents which and how state-level immigration policies impact their families. Fifty-four Latino immigrant parents participated in interviews. Constructivist grounded theory methods were used to complete the analysis. Results indicate that fear of detainment, deportation, and family separation affects participants emotionally and behaviorally. Participants experience exploitive practices in the workplace and through traffic infractions. Social support networks are constantly changing and weakened when families relocate in search of immigrant friendly communities. Simultaneously, parents develop strategies to protect their families against stringent immigration enforcement. Implications for practice, policy, and research are discussed.     

Preventing Corruption Risk in Legislation: Evidence from Russia,Moldova, and Kazakhstan

ABSTRACT

Corruption risk assessment of draft laws and other normative acts is a relatively new instrument in the anti-corruption strategies implemented by developed nations, countries in transition, and the developing world. In connection with this, any practical experience accumulated in this area presents obvious interest. The analysis of such experience may allow to identify what works and what does not work in introducing the practices of anti-corruption screening of draft laws and other normative acts in various environments and settings, as well as contribute to dissemination of best practices in the countries of the region and elsewhere.

This article seeks to analyze and demonstrate the extent of practical implementation of corruption risk assessment of draft and enacted legislation in three post-communist countries, the problems encountered and solutions identified. Proceeding from this analysis, certain recommendations for practitioners in this field are formulated.     

The Design and Execution of Performance Management Systems at State Level: A Comparative Analysis of Italy and Malaysia

This comparative study analyses the experience of Italy and Malaysia in the design and execution of performance management systems at the state level. The article investigates how performance management systems have changed over the past decades, the motivations behind their metamorphoses, their common elements across the two countries, and what accounts for the respective progress. It also investigates the role that the institutional framework plays in making performance management systems robust. The study presents policy recommendations on how governments can create more robust performance management systems for enhanced accountability and transparency in an age of resource constraint.     

A nexus between labour movement and labour movement: the Knights of Labor and the financial side of global labour history

The rise of global and transnational labour history has revolutionised the study of working-class movements and individuals and the global forces that shaped them. Some of the more mundane considerations of these movements, however, have so far been neglected in this rapidly growing field. One of the most important of these considerations was money, or in other words the financial affairs of transnational movements such as trade unions and political parties. This article is a call to write the financial side of global labour history. It focuses on a global working-class movement that is itself often neglected in the historical literature, the Knights of Labor, and their outposts in Britain and Ireland. It examines the history of the British and Irish Knights through the prism of their financial history, so far as we can reconstruct it from the scanty sources that are available. This article argues that their financial ties with the United States and a series of embezzlement cases became major causes of their decline and, ultimately, their dissolution. Finally, this article draws conclusions from the financial misadventures of the British and Irish Knights of Labor that are relevant to the study of other international working-class movements and to the writing of global labour history in general.     

Local Government and Local Governance: 1944–2011

Abstract

Since the establishment of the tri-partite system of state education after the Second World War, the once simple relationships between central government and local government and the individual school have become increasingly complex. This article considers the key governance issues for schools and colleges in England and how they have been affected by the redistribution of power between central government and local government. The principal foci are the main legislative changes and the impact they have had on the respective powers and responsibilities of central government, local government and schools and colleges. The radical developments since the formation of the coalition government in May 2010 have accelerated the shift of power to central government from local government and by the end of the first term of the coalition the local authority will have little more than a vestigial role in the provision of secondary education and a diminishing role in primary and special education. As academy status becomes the norm (as it already is for secondary schools in some authorities) central government will be dealing directly with autonomous schools and academy chains. With more schools directly employing staff and with funding levels set nationally, the pattern and nature of public education will have been irrevocably changed.     

论法之难行之源

法之难行已是中国法律实际生活的显豁病症。二十年来产生数以百千万计的法律、法规和规章 ,但绝大多数难以实行。法之难行的病症不愈 ,法治国家建设和寄托于斯的其他事业 ,都将难能制胜或无以为继。为此需要探清法之难行的根源 ,以明救治之策。难行之根源出在立法、行政、司法、法学研究、历史传统等多方面。救治中国法之难行之症 ,需要察源下药。