对一起私营医院缓报传染病疫情案件的法律适用问题的分析

本文通过对一起私营医院缓报传染病疫情案件的案例分析，重点剖析该案在法律适用上的争议问题，即本案应适用上位法还是下位法。在探讨此问题时，本文分别从以下两个角度予以剖析，一是将对上位法进行法律解释的角度作为切人点，探讨在法律选择上本案是否会涉及到上位法优于下位法这一基本的法律冲突解决原则；二是从对下位法立法原则剖析角度分析下位法本身的科学性。     

Ideology and strategic party disloyalty in the US house of representatives

We offer a theory of strategic party disloyalty to explain roll call voting in the US House. Our theory suggests that ideologically extreme legislators become markedly less loyal to their party when it controls the majority. They stake out positions that align with the views of their extreme constituents when policy is likely to move in their direction. In contrast, ideological moderates become noticeably more loyal when they transition to the majority. Examining 35 years of ideal point estimates and measures of party unity on roll calls, we find clear evidence that member strategy, ideology, and legislative agenda setting interact to structure the frequency of defections. Further, we find evidence that defection and ideology interact to influence subsequent electoral outcomes.     

自侦案件内部监督的完善

强化我国检察机关自侦案件的内部监督,形成依法、规范、高效的自侦案件侦查机制,是我国检察改革的重点之一。文章从我国检察机关自侦案件的内部监督现状着眼,归纳了关于自侦案件内部监督的有关规定以及这些规定设置的法律意义,并在此基础上提出发展和完善检察机关自侦案件内部监督的设想和观点。     

简论“构成犯罪的,依法追究刑事责任”

在大量法律文本中规定“构成犯罪的,依法追究刑事责任”与我国的立法体制和刑法制定、修改方式有关.在法律中频繁使用“构成犯罪的,依法追究刑事责任”,会造成全国人大立法权受损,刑法保障作用的缺失和刑法本身的频繁修改,不利于整个法律体系的稳定和协调一致.因此,应谨慎使用“构成犯罪的,依法追究刑事责任”,打破以刑法修正案作为刑法唯一修改方式的做法,建立对“构成犯罪的,依法追究刑事责任”规定的分级审查机制,修改法律时注意刑事责任条款与刑法的协调互动,建立集中规定刑事责任声明条款.     

我国行政立法监督主体研究

现有的行政立法监督主体有权力机关和行政机关两大类,这两类机关虽然都负有监督的职能,但在监督的职责以及各监督主体间的协调和衔接等方面,却没有得到很好的解决,尝试在我国建立专职的立法监督机构即立法监督委员会,以保证行政立法监督的实效性.     

证人作证豁免权探析

证人作证豁免权是证人的适格性与可强迫性相分离的一种体现 ,它包括“公务特权”、“拒绝自陷于罪”的特权、“亲亲相为隐”的特权、“职务上的特权”和“非法取得证据的排除”等五种情况 ;证人作证豁免权体现了对证人及其相关社会利益与特定社会关系的保护 ,是各种利益均衡的产物 ;我国有关证人作证豁免权的立法阙如 ,未来制定的证据法典应确立一套关于我国证人作证豁免权的法律适用规则。     

Community policing in indigenous societies – Venezuela: a country profile

In this paper we examine how local citizens and community organizations together have helped shape policing in their neighborhoods, providing new insights into how community policing operates in Venezuela. We also emphasize the unique attributes of policing practice and the current challenges of communal policing.     

Unpackaging synthetic biology: Identification of oversight policy problems and options

The emerging field of synthetic biology (SB) is just entering policy debates. Reports from non-governmental organizations, such as the ETC Group and the International Risk Governance Council, have recently been issued, but there have been few systematic analyses of the policy problems that we will likely face as this area develops. Biosecurity issues are the most defined; other societal oversight issues and implications have not been well explored. Although SB could assist in addressing pressing global challenges, such as sustainable and renewable energy, there are considerable societal concerns that accompany its development and applications. This article is designed to anticipate and prepare for these concerns by identifying policy problems associated with SB oversight, upstream of its development. Projected applications of SB are reviewed and a typology of them is developed. Key oversight policy problems are then identified based on historical experiences with other emerging technologies, such as nanotechnology and biotechnology. Problems associated with biosecurity, biosafety, intellectual property, and ethics are discussed in relation to the typology of SB applications to identify applications of the highest potential concern. Finally, policy options for SB oversight are considered, preventative to promotional. We propose that different categories of SB application may warrant different oversight regimes: there might not be an appropriate “one size fits all” approach. We stop short of making specific recommendations, but suggest that the typology, problems, and oversight options identified in this article be used as a starting point for deliberative, democratic decisionmaking processes that take into account a wide range of perspectives about risk, economic impact, scientific progress, and moral reasoning in the design of oversight systems.     

The role of parliament in South Africacs foreign policy development process: lessons from the United States' Congress

For most democracies across the world, legislative engagement in foreign policy development has traditionally been limited to ratification of international agreements and oversight of the executive. While the Parliament of South Africa tends to adhere to this traditional approach, deferring to the executive on matters of foreign policy, this paper argues that a collaborative approach between the legislative and executive branches as articulated in the South African constitution must rather form the basis of South Africa's foreign policy development process. Moreover, by comparing the parliament of South Africa, a legislature with limited policy influence, to the United States’ Congress, a policy making legislature, it becomes clear from Congress that political will in employing constitutional power is the most important factor in ensuring legislative engagement in foreign policy decision making.     

An Analysis of Institutional and Political Factors Affecting State Capital Expenditure

Abstract

This article examines state government spending patterns for capital projects during the late 1970s and early 1980s as a function of some of the institutional arrangements and procedural characteristics of state legislatures. The analysis is informed by the literature on distributive policymaking, which argues that lawmakers seek to send targetable benefits, such as capital projects, to their constituencies in pursuit of personal electoral benefits. Using a pooled, cross‐sectional time‐series approach, the authors find that states with a large number of seats in the lower chambers of their legislatures devoted a somewhat smaller portion of their state budgets to capital projects than did states with smaller lower chambers, ceteris paribus. Contrary to some log‐rolling models, the number of appropriations bills employed by a legislature seems to discourage capital spending, as does membership turnover in the upper chamber. This indicates that the capital budgeting process is not nearly as dominated by the executive branch as is commonly believed.