先买权新论——从先买权的性质和行使谈我国先买权立法的完善

先买权的性质具有阶段性。在不同的阶段,先买权的性质分别为期待权、订约请求权和形成权。先买权的行使也具有阶段性,分为双方协商阶段和单方行使阶段。对我国先买权立法提出相应建议。     

Authoritarian backsliding and the concentration of political power

This article introduces the concept of authoritarian backsliding as a class of strategies for the concentration of incumbent political power in hybrid regimes. Such actions include manipulating elections, violating civil liberties, creating an extremely uneven playing field for the opposition, and reducing the institutional constraints on executive power. While often falling short of a full regime change, backsliding can significantly alter the level of political competition in a country and reduce the quality of its political life. This article develops a theoretically-grounded strategy to identify and measure backsliding events since 1989, showing that they have been much more common than is typically appreciated. The article also shows the utility of the concept of backsliding for better understanding regime stability. Using cross-national analysis of backsliding events from 1989–2004, we find that threats such as opposition electoral gains or economic crises in resource-dependent regimes create incentives for authoritarian backsliding.     

The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis

Youth coerced into trafficking experience multiple forms of abuse, and are deprived of basic human rights associated with liberty and self-determination, all of which can adversely affect mental and psychological well-being (Ottisova et al., Behavioral Medicine, 44(3), 234-241.). This study uses a qualitative approach to exploring how judges use trauma-related information to make decisions about how to adjudicate cases involving minors who have been sexually trafficked. Additionally, the study identifies barriers to receiving data, the court resources needed to effectively respond, and potential remedies to address gaps in effective case management. The study uses data from 82 juvenile and family court judges from around the USA 27-item structured interview was used to determine the availability and utility of trauma services, needed resources, and solutions to overcome gaps in effective case adjudication. Themes emerged related to lack of access to and timing issues that limited the utility of reports, lack of congruency between recommendations and available resources and child and family resistance to disclosures. Solutions to overcome barriers are related to increased cross-disciplinary collaboration, awareness and responsiveness. Legal remedies such as Safe Harbor laws can only be realized if the systemic context is aligned and appropriately resourced toward responsiveness.     

公益诉讼裁判的法律效力及其延伸

公益诉讼裁判法律效果的实现及其延伸是公益诉讼制度设计和实践运作的难点问题,本文区分群体性、个体公益性诉讼的不同模式,分别从既判力主观扩张、预决事实拘束力、判例效力和判决执行力四个方面架构公益诉讼裁判的效力体系,充分论证公益诉讼裁判效力延伸的可能性和正当性,并结合我国司法实践提出可行性操作方案．以实现公益诉讼有效维护社会整体公共利益的价值预设。     

Detecting concealed information: The role of individual differences in executive functions and social desirability

The aim of the study was to assess the relationship between deception efficiency and individual differences in executive functioning (EF) and personality, with a particular focus on the influence of social desirability. A mock crime scenario was used, followed by a Concealed Information Test based on reaction times (RT-based CIT). Individual measures of EF (inhibition, shifting, and working memory [WM]) and personality (the Eysenck Personality Questionnaire – Revised, EPQ-R), plus a measure of social desirability (Balanced Inventory of Desirable Responding, BIDR) were collected in a distinct session. Results indicated that better executive functions were associated with faster responses to irrelevant items in the RT-based CIT. In a regression analysis, individual differences in shifting and spatial WM were significant predictors of the extra-time taken to lie, compare to truth-telling. No significant relations between deception outcomes and personality measures were noted. Looking at social desirability, the Impression Management scale predicted a further portion of variance in the extra time required to lie, beyond the contribution of executive functions. The utility of an individual differences approach to deception is advocated.     

Role-Switching in the Dutch Parliament: Reinvigorating Role Theory?

The lack of explanatory power of roles in the study of legislative behaviour has led to questioning of the utility of role theory. The problem may be that scholars tend to focus on classifying legislators according to one role orientation, thereby running the risk of oversimplification. Using questions from the 1990, 2001 and 2006 Dutch Parliamentary Studies, this study explores whether MPs specialise in a particular role or switch between roles depending on the situation at hand. A general trend towards specialisation in the partisan role is detected, accompanied by a decrease in the number of role-switching MPs. Furthermore, it is found that whereas government MPs tend to specialise in the role of the parliamentarian, opposition MPs are more prone to put on their partisan hats.     

Budgetary Negotiations: How the Chilean Congress Overcomes its Constitutional Limitations

Recent research suggests that the Chilean Congress is marginalised in the policymaking process, especially when setting the budget. This paper argues that previous studies have overlooked the fact that the legislature uses two amendment tools – specifications and marginal notes – to increase the national budget and reallocate resources within ministries. This behaviour contradicts the constitution, which only allows Congress to reduce the executive's budget bill. To test this empirically, a pooled two-stage time-series cross-sectional analysis is conducted on ministries for the years 1991–2010. The findings clarify how the legislature surpasses its constitutional limits and demonstrate that specifications are useful to predict when Congress increases or decreases a ministry's budget.     

Continuity despite change: Kenya's new constitution and executive power

What explains the continuation of strong executive power despite the introduction of new formal constraints on presidents? This article focuses on the elites working within the state agencies that execute presidential power, who benefit materially from their authority and have incentives to defy formal constraints placed on their own power. To evaluate this claim, I examine Kenya's 2010 constitution, which intended to reduce the power of Kenya's “imperial presidency” through formal constraints on the executive. As implementation has progressed, however, the executive bureaucracy – the Provincial Administration (PA) – has not changed in size, structure, or function, contrary to the explicit goals of the constitution's drafters. Using original interview and archival evidence, I find that the persistence of this agency – and by extension strong executive power – is due to PA administrators’ attempts to protect their material interests. This article shows that formal rule change may be insufficient to spur democratization in the face of entrenched authoritarian bureaucracies with strong incentives to maintain their pre-existing interests.     

Self-reported and performance-based measures of executive functions in interned youth

This study address three questions: (a) Do interned adolescents exhibit general or specific deficits in the core executive functions, as compared to an age-matched control group? (b) Do interned adolescents report more executive problems in everyday life, as compared to an age-matched control group? And (c) are performance-based measures of executive functions related to self-reported executive problems? Thirty-one interned youths and 40 non-interned controls participated in the study. To this end, we measured the three constituents (inhibition, shifting, and updating) of the Unity/Diversity model of executive functioning, as well as the participants’ self-reported everyday executive functioning using the Behavior Rating Inventory of Executive Functions scale. The interned group performed less well compared to the control group on the majority of performance-based tasks but did not show more pronounced deficits in any one executive function, reflective of a more general deficit. Compared to the controls, the interned adolescents also reported more dysfunction in executive behaviors related to the ability to inhibit action, behavioral flexibility, working memory, and the ability to follow through with tasks. Overall, correlations between self-report and performance-based measures were weak. These findings suggest that performance-based and self-report measures may assess different, albeit important, aspects of executive functioning.     

行政权正当性流变的法治意义

传统行政法理论下,行政权的正当性源于立法权的民主正当性。为了适应新的形势下行政法治发展的需要,行政权正当性理论发生了变迁,推动了行政法理论和实践的发展,对行政法治具有重要法治意义。