把警察权力关进制度的笼子——以警察权力扩张引发涉警群体性事件为视角

警察权力是国家权力的重要组成部分,它来源于公民权利,又服务于公民权利,两者既相互依存,又须保持动态平衡.而近年来涉警群体性事件的频发,从深层原因来分析,主要是由于警察权力的盲目扩张、高度扩张,造成警察权力的滥用,严重侵犯了人民群众自身的利益,因此一定要把警察权力关进制度的笼子,防止其侵害公民权益.     

Explaining and Justifying Authoritative Decisions: The Case of Controversial Facilities for the Homeless in Rotterdam

Abstract

This article analyses the ways in which local executive leaders rendered account for the decisions taken on where to locate 19 controversial facilities for the homeless in the Dutch city of Rotterdam. Despite the non-participatory nature of the decision-making process, executive leaders acquired a remarkable level of authority for their decisions. The analysis suggests that the accountability strategies employed by local executive leaders contributed substantially to this success. Specific ways of rendering account for the decisions made concerning the locations enabled local executives to develop the political repertoires necessary to make the authoritative decisions they deemed indispensable. Most important among these ways were the executives' recognition of the importance of forming direct, informal accountability relationships with local residents, the proactive rendering of account and the executives' partial control over the forums to which account was rendered. The author concludes that an authoritative ‘Decide - Announce - Defend’ approach may not yet be out of fashion in modern local governance. The findings suggest that we will better understand the practice of public accountability if we supplement the existing conceptual frameworks for analysing and assessing public accountability arrangements with an alternative conception of accountability that focuses on the strategic aspects of rendering account. ^{1 1.}?An earlier version of this article was presented at the 2009 EGPA Permanent Study Group Local Governance and Democracy, in the section themed New Forms of Local Democracy. The author thanks two anonymous reviewers for their constructive comments on an earlier version of the article.      

How does intergovernmental fiscal environment affect general fund balances of major American cities?

This study explores the extent to which intergovernmental fiscal factors affect fiscal reserves in municipal general funds. Statistical results from panel data of 87 major cities in the US for the period from 1995 to 2010 show that cities facing more restrictive limitations on local property taxation tend to maintain higher levels of unreserved general fund balances. Additional analyses also show that fiscally constrained cities accumulate surpluses in their general funds. This is consistent with the proactive approach in which municipal governments make fiscal decisions with the awareness of expected state constraints on their revenue-raising capacity. We call for consideration of relevant intergovernmental constraints in the determination of appropriate level of fund balances for municipal governments.     

Privatising Local Public Services: Between Industrial Legacy and Political Ambition

Since the 1980s, research on the privatisation of local services has analysed the factors affecting government's delivery choices; but this research has not given unanimous results, for reasons connected both to the different methodologies adopted and the dynamic nature of privatisation processes. This article introduces the case of Italian water services reform, drawing attention to the economic and political dynamics that make privatisation an extremely complex choice, in which the preferences of politicians have to be balanced with industrial heritage and the strategies of the utilities. By privileging a historical analysis of the conditions in which such choices take place, it is possible to grasp the changing relations between local governments and utilities and to look at the relative power of firms, citizens and governments in the process of service delivery choice.     

货币权力的宪法规制及其路径选择简

在现代经济社会,不可兑换的信用货币体制和政府财政权的扩张导致了纸币的持续超发,也肇始了愈发严重的金融危机或经济危机接踵而至,进而侵犯人民的财产权利,而需要在宪法位阶上对中央银行的货币权力进行合理的制度规范。货币权力的宪法规制不但要赋予中央银行独立行使职权的法律地位,还应当通过对中央银行的货币权力予以宪法性约束,使其权力运行真正能够受到民主监督的制约,以期实现对人民基本权利之有效保障。     

论立法体制的完善

推进科学立法,关键是完善立法体制.在职权立法体制中,应明确权力机关与行政机关之间、人大与人大常委会之间、权力机关上下级之间和行政机关上下级之间立法职权的划分.在授权立法体制中,应明晰全国人大及其常委会授权国务院制定行政法规,全国人大授权经济特区所在地的省、市人大及其常委会制定经济特区法规,全国人大及其常委会授权暂时调整...     

论宋代刑事审判权的制约机制

宋代刑事审判制度尽管在一般层面上仍未跳出封建式刑事审判制度的巢臼,但在具体制度的建构上却呈现出有别于中国封建社会其他朝代的独特风貌.宋代刑事审判制度的显著特点在于强调对刑事审判权的制约.可以说,宋代刑事审判权制约机制的设计和运行为确保刑事审判权的正确行使和刑事案件的公正处理莫定了坚实的基础.     

论破产法上债务人高管人员民事责任的追究

The Enterprise Bankruptcy Law has designed the regime for debtor’s senior managers to bear civil liabilities, while the framework design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism of civil liabilities of debtor’s senior managers in line with the purposes of the bankruptcy regime is a substantial issue during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor’s senior managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities. The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities, the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor’s senior managers) and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor’s senior managers in the Enterprise Bankruptcy Law. Gan Peizhong, Ph.D, is a professor of law and director of the Research Center for Enterprise and Company Law at Peking University. Prof. Gan is a recognized expert on economic law, company law, bankruptcy law and the reform of state-owned enterprises in China. He has released numerous articles on Chinese law journals and published many books. His major publications include Encyclopedia of Chinese Economic Law (vice editor-in-chief), New Studies on Economic Law (co-editor), New Studies on Enterprise Law (author), Studies on Chinese Economic Adjudication (editor-in-chief), Studies on Foreign Economic Law in Beijing (editor-in-chief), General Theories on Economic Law (co-editor), Legitimate Exercise of the Corporate Control Rights (author). Moreover, he was named the “leading young and middle-aged jurist” by Beijing Law Society in 1999. In addition, Prof. Gan is the deputy-president of the Securities Law Association, a member of the Standing Committee of the Economic Law Association under China Law Society. He also serves as the consultant of the Legislative Affairs Commission of the NPC Standing Committee and Beijing Municipal People’s Congress, as well as the Haidian District Court of Beijing.     

Private authority and public policy interactions in global context: Governance spheres for problem solving

Private organizations play a growing role in governing global issues alongside traditional public actors such as states, international organizations, and subnational governments. What do we know about how private authority and public policy interact? What are the implications of answering this question for understanding support for, and effects of, policy development generally? The purpose of this article is to reflect on these questions by introducing, and reviewing, a special issue that challenges explicit claims, and implicit methodologies, that treat private and public governance realms as distinct and/or static. We do so by advancing a theoretical and conceptual framework with which to explore how the contributions to this special issue enhance an understanding about governance interactions across a range of empirical, sectoral, and regional domains. We specifically introduce the concept of governance spheres to capture the proliferation of issue domains denoted by highly fluid interactions across public and private governance boundaries.