法治化进程中的军队政治工作

伴随不断建设中的发达社会主义市场法治经济 ,迈着军队正规化、法治化建设的步伐 ,形成于革命战争年代、植根于计划经济土壤的我军政治工作 ,正面临着如何适应和抉择的实践难题。其中的抉择之一 ,就是依法进行军队政治工作。     

信息不完全——对证券公开规制的一种经济分析

信息不完全是市场机制与生俱来的内在缺陷 ,它在证券这一特定“产品”的交易过程中得到更加充分地显现。公开规制作为国家干预证券市场的特定形式 ,恰是克服信息不完全的一种有效的制度选择。     

论行业组织的权力及其规制

行业组织是非营利性的社会组织,其权力的性质是具有公共管理职能的社会权。行业组织的权力是多方面的,对成员的影响也是巨大的,因此也必须对其权力进行规范,以保护其成员的合法权益。     

Transnational Competence in an Emergent Epoch

The article elaborates a framework for understanding the relevance of transnational competence to the dynamics that mark the transformations of our time. Nongovernmental stakeholders interacting through dense civil-society networks that permeate domestic-foreign frontiers bear increasing responsibility for the course of events. Based on linked interests, interorganizational knowledge generation and aggregation, partnerships, and interpersonal/intercultural interactions, they are deeply involved in addressing the many challenges posed by an ever more interdependent world. Transnational competence lubricates transterritorial networks and projects. Here, the authors extend earlier work that posited a worldwide skill revolution both by developing explicit dimensions of transnational competence and by introducing a behavioral component. The new framework provides analytical groundwork for explaining why some people, groups, and networks are more effective than others in forging meaningful transnational solidarities, negotiating and benefiting from the intensifying experience of globalization, and waging successful transnational campaigns. The article also probes how the spread of transnational competence is being facilitated by global migration and transmigration trends. The final section explores the governance implications of expanding transnational competency for the emergent epoch.     

双层社会视阈下数据犯罪的法益规制思路

从网络到现实,双层社会迅速形成,相关犯罪亦从现实社会迁移至网络社会。如何应对伴生的新型犯罪形态,关键在于能否全面、清晰认知双层社会的链接点——数据。数据犯罪随双层社会固化而持续扩张,立法、司法均提出各自的应对思路,但规制现状并不乐观。以数据犯罪为核心,分析该犯罪形态在立法与司法领域的表征,并结合其技术与社会的双重价值属性,针对受损法益展开分析,最终实现对相关罪名适用的逻辑化探索。     

Queer(y)ing Hannah Arendt,or what’s Hannah Arendt got to do with intersectionality?

Abstract

This article takes an unlikely approach to thinking about intersectionality theory. Exploring key concepts from the writings of Hannah Arendt, such as plurality, conscious pariah, and statelessness, alongside her embodied interrogation of anti-Semitism and the Jewish Question, it suggests a way to transgress the ordinary boundaries of the concepts of queer, international, and feminist and, conversely, to unbound the ordinary ways Arendt’s theories have been interpreted as less relevant, if not antithetical to, feminist, intersectional, and queer theories and politics.     

Blurring the line between licit and illicit: transnational corruption networks in Central Asia and beyond

The anti-corruption norm in both scholarship and the policy world has too narrowly focused on the domestic and institutional context of bribe-taking and public corruption. Instead, we argue that corruption in the contemporary global economy requires a multiple set of connected transactions, processes, and relationships that take place within informal transnational networks that blur the line between illegal and legal activities. These networks include multinational companies, elites in host countries, offshore financial vehicles and conduits, middlemen and brokers, and destination financial institutions. We examine how these actors operate in Central Asia, a region that is widely identified as corrupt, yet is rarely understood as embedded in the types of global processes, offshore connections and transnational links specified in our analysis. Examples of offshore centers in tax planning from Central Asia, and partial results from a field experiment based on impersonating high corruption risks from four Central Asian states, provide evidence for how the various actors in transnational financial networks structure their dealings. We then present two brief illustrative cases of how these transnational networks have operated in energy explorations services in Kazakhstan and telecommunications contracts in Uzbekistan. Our findings have theoretical, practical, and normative implications for scholars and practitioners of Central Asian international political economy and other ‘high risk' regions.     

The enfranchisement of citizens abroad: variations and explanations

Today, a large majority of states allow at least some of their emigrants to take part in home country elections from abroad. This article first looks at the diffusion of external voting laws and shows that over the past 25 years they have become widely-adopted and are no longer limited to specific professional categories of citizens. Second, the article explains the international diffusion of external voting by discussing the “norm-internationalization hypothesis” and the “electoral-competition hypothesis.” Third, the article attempts to demonstrate that these hypotheses cannot explain why, in a democratic context, states continue to implement a series of hurdles that deter emigrants from using their newly gained rights. Looking at recent developments in Latin America and the Middle East and North Africa, it concludes that the diffusion and variations of external voting laws result from transnational negotiation processes in a context of democratic transformation among various actors whose interests are strongly affected by the inclusion or exclusion of these new voters.     

Protection and Regulations to Status Property of Rich Second Generation

The status property of rich second generation is based on protection of status relations and private property rights, private property lateral expanse to the family property, and vertical expanse to inheritance property, but the current legal right of property has also shaped the power of the rich second generation. Policies for rich second generation should be based on the property nature of private right and sociality, the efficiency of property possession, the intergenerational equity to inheritance, and the abuse of property rights. Rich second generation have limited legitimacy to the property. It is necessary to improve the system of equity and trust to serve their property, and use the estate tax to achieve balance of interests between individual and society, but also need to overcome the fairness of procedure to constraint abuse of power.