论我国行政强制执行模式的再选择--行政机关的本源性权力与司法机关的延展性权力之博弈平衡

关于我国现行行政强制执行双轨制模式的利弊,学界多有讨论。很多学者主张应当将行政强制执行权收归行政机关,但在制度设计上多有不同。在现行国务院机构改革及法治政府建设的大背景下,可将行政强制执行权视为行政机关的本源性权力(应然权力)和司法机关的延展性权力(实然权力),并在此分析框架下,寻求该种权利在应然性和实然性之间的平衡,由此探讨将各级政府的司法行政部门作为行政强制执行机构,并使得司法权回归至监督权的本质。建立以行政机关为主、司法机关为补充的行政强制执行模式,可以改变我国现行行政强制执行模式中司法机关沦为行政机关的执行机关的尴尬现状。     

From the State to the Streets: The Debate over the Civil Union Bill and Conservative Strategic Change in Peru

The adoption of SOGI policies depends on the strategies activists choose to support or oppose them. Nevertheless, the conditions that explain why some strategies are prioritised over others are not evident. In Peru, the 2013 debate over civil unions prompted a strategic shift in which the conservative wing started to benefit from intensive street mobilisation strategies. Why did this change occur? We argue that a deeply divided electoral competition and the decay of the Catholic Church's moral authority favoured this outcome. This article analyses the trajectory of these strategies over time to identify the conditions that contributed to the shift.     

政党、国家与社会:整合视阈下中国共产党的政治建设逻辑探究

现代政治生活离不开三大力量—政党、国家与社会,政党作为整合的主体,是国家与社会的中介与桥梁,承担着利益综合、利益表达与政治社会化的重要职责。在我国,整合就是要发挥中国共产党总揽全局、协调各方的领导核心作用。党的政治建设是其对自身的根本性整合,决定着所有整合的方向和效果并具有完整的逻辑体系。正确认识、深入探究该体系,有利于把我们党锻造成为政治坚定、组织稳固、能力过硬的现代化执政党,从而以政党治理促进国家治理,以自我革命推动社会革命,在政党、国家与社会的良性互动中实现伟大斗争、伟大工程、伟大事业和伟大梦想的协调统一。     

The international rule of law

ABSTRACT

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights.     

The ‘Regulatory State’ in Higher Education: Assuring Quality through New Modalities of Control in Brazil

The Brazilian Higher Education (HE) sector, following a global trend of rapid transformation, has undergone marked changes over the past two decades. These changes have involved the design of quality assurance tools as instruments for regulatory governance. In presenting an overview of the recent history and characteristics of quality assurance in the Brazilian HE sector, this paper contextualises the Brazilian experience according to broader conceptual frameworks and discusses how and why regulatory governance in this sector has so radically changed.     

The state of anthropology in and of Japan: a review essay

As there are many anthropologists in Japan, including those who work elsewhere, the focus here is largely on foreign anthropologists who choose Japan as a field, and whose numbers have increased exponentially during the working lifetime of the author. The perspective is from Europe, but the vital cooperation of local anthropologists in Japan is acknowledged from the outset. The paper recounts ways in which these anthropologists have themselves cooperated, reviews a selection of the theory and ethnography they have espoused, and demonstrates the importance of anthropology as a discipline essential for a good understanding of Japan and its inhabitants.     

Inclusive partners? Internationalising South Korea’s chaebol through corporate social responsibility-linked development cooperation

Abstract

In recent years, non-traditional or ‘emerging’ donors such as South Korea have organised their development cooperation models in a manner that seeks to complement the capacities of the private sector by extending the overseas activities of domestic businesses. To better understand this process, this article examines the role of South Korea’s large, family-led conglomerates (chaebol) in its growing international development sector. In particular, we focus on how the concept of corporate social responsibility (CSR) has been used to link the role of its large, and frequently scandal-ridden, private companies to international development, and, by extension, how it has helped to internationalise state–business networks long associated with the Korean developmental state. We examine two strategies through which this has been carried out. The first is by extending the logic of creating shared value (CSV, a derivative of CSR) to aid and infrastructure projects in which chaebol and other state-linked businesses have participated. The second is by directly embedding CSR-based aid initiatives in the value chains of the specific chaebol themselves.     

National-Level Family Policies and workers’ Access to Schedule Control in a European Comparative Perspective: Crowding Out or In,and for Whom?

Abstract

This paper examines national-level family policies in a comparative perspective, to see whether they “crowd out” company-level family-friendly policies, namely schedule control. Further, it examines whether this relationship varies for different types of family policies, and for different groups of workers – i.e. distinguished by gender, parenthood status and skill divisions. The paper uses data from 27 European countries in 2010, and applies multilevel random slopes models with cross-level interaction terms. Results show that generous national-level family policies, in particular work-facilitating policies, “crowd in” company-level schedule control provisions, especially for high-skilled workers. However, very generous leave entitlements seem to crowd out schedule control provision.     

‘Belmopan. A New Capital for a New Nation’ State,Nation and Ethnicity at the Time of Independence

In Belize, a project for building a new capital emerged in the early 1960s, just after the ravages of Hurricane Hattie, which had destroyed much of the colonial capital, Belize City. According to the common narrative, Belmopan was the answer to a natural threat. But this article will show that it was also a political strategy, intended to give the country a new, modern face, the symbol of a young nation on the road to independence (1981). One of the issues of this post-colonial state is the definition of a national ‘us’ and the place of ethnic groups inherited from the British colonial administration's policy of ‘divide and rule’. The article shows that the politicisation of ethnicity entails neither its integration in the state nor its institutionalisation by the parties, but rather the emergence of ‘citizenship from below’.