对刑事侦查的司法审查之探究

对刑事侦查行为进行必要的司法审查是平衡诉讼格局、对侦查活动进行有效监督、合理分配侦查实施权和侦查监督权以及保障犯罪嫌疑人合法权利的必然要求.司法审查应由法院来实施,法院有权对侦查主体是否适格、证据是否合法、程序是否正当等进行审查.文章认为,实施对侦查活动的司法审查还有赖于对司法权力的合理配置、对检察机关职权和地位的再认识以及对法院体制和法官任用管理体制的改革,才能发挥出应有的效果.     

有限责任视野下公司内部人控制的合理性分析

内部人控制是现代公司制企业中普遍存在的现象,运用股东有限责任制度、公司独立人格制度和权利义务对等原理对内部人控制存在的原因进行分析发现,就公司权力配置的应然状态而言,内部人控制有其存在的制度空间、组织基础和法理依据,其作为经营管理层面上的控制权,存在于股东有限责任制度所构建的权利和利益平衡体系之中.     

周礼是怎样形成的

周礼是在继承殷礼的基础上,在周初政治、经济以及文化条件制约之下,在平衡各种政治势力的权力和利益的基础上诞生.采用韦伯的立场、观点和方法进行相关分析.     

Can governments use Get Out The Vote letters to solve Europe’s turnout crisis? Evidence from a field experiment

Declining levels of turnout are a problem in European elections. Are Get Out The Vote campaigns the solution to the problem? While many studies have investigated such campaigns in the US, little is known about their effect in Europe. The article presents a field experiment in which encouragement to vote in an upcoming Danish election is delivered to more than 60,000 first-time voters using direct personal letters. Eight different letters are designed, based on the calculus of voting and prospect theory. The sample is randomly divided into treatment groups or the control group. Using validated turnout, small positive effects of receiving a letter on turnout are found, with little difference across letters. The letters mostly mobilised voters with a low propensity to vote and thus increased equality in participation. In sum, while letters have some effect, they are not likely to be a panacea for solving Europe’s turnout challenges.     

The Impact of Power and Civic Engagement in the Decentralized Management of Natural Resources: The Case of Turkey

Decentralization is an extensively discussed topic within academic and institutional circles worldwide. While a common argument for decentralization is that it fosters democratic deepening, counterarguments cautiously point to unequal access to resources and distribution of power as factors that inhibit democratization. This study contributes to the literature on the relationship between decentralization and democratization through a comparative study of Water User Associations in two provinces of Turkey and shows in line with the literature that resource and power inequalities hamper the link between decentralization and democratization. However, as this article shows, civic engagement can generate “countervailing power” that can overcome the negative impact of such inequalities. Copyright © 2017 John Wiley & Sons, Ltd.     

Demonisation and electoral support for populist radical right parties: A temporary effect

Since the 1980s, Western Europe has experienced the surge of populist radical right parties. In an attempt to ward off these electoral newcomers, established parties have pursued strategies of disengagement, such as exclusion and de-legitimisation. This study examines the electoral effects of an excessive form of de-legitimisation, which we label ‘demonisation’. We estimate the effects of demonisation on electoral support for the Dutch Freedom Party (PVV) and its predecessor Groep Wilders. Time series analyses show that demonisation has a negative effect on electoral support, but only for Groep Wilders. Once the populist radical right party has made a successful entry into the party system, demonisation does not have its intended consequences.     

Innovation Agents in the Public Sector: Applying Champion and Promotor Theory to Explore Innovation in the Australian Public Service

Innovation is critical to organisational success and is a process steered, and potentially thwarted, by individuals. However, despite the importance of public sector innovation given the complexity of policy issues faced and the sector's specific contextual features, our understanding of innovation processes in government requires expansion. This study, using in‐depth case analyses of three Australian Public Service agencies, focuses on understanding the ‘human component’ of the innovation process by drawing on both innovation champion and promotor theories to explore, through the lens of organisational power, how multiple human agents progress public sector innovations. The results highlight the key, and often tandem, roles of individuals at multiple organisational levels who work to inspire and motivate others to progress an innovation (champions) and those with specific power bases who help overcome organisational barriers to innovation (promotors).     

Just the Two of Us? Civil Conflicts,Pro-State Militants,and the Violence Premium

Quantitative literature discussing violence in civil conflicts tends towards a typical model of engagement between governments and revolutionaries. Whilst recent work has shown the significant impact of multiple anti-government groups, a further feature remains understudied—the role of pro-state militants. This article theorizes a “violence premium” when such groups arise, which leads to all connected groups devoting greater energy to conflict than they would in isolation. Employing duration analysis and data from The Troubles in Northern Ireland, where Republicans act as revolutionary insurgents, Loyalists as pro-state militants, and the British Army as government forces, the violence premium is empirically confirmed. Both Loyalists and Republicans deviate from their underlying strategies to attack more frequently when violence by their rivals increases, with Republicans and the British Army engaging in the same way. An extended analysis, accounting for the status of the victim, shows that the violence premium resulting from interaction between Loyalists and Republicans targeted only the civilian population of Northern Ireland, elucidating the sectarian component of The Troubles. These results show that including all conflict parties and considering how they are linked are important features in studies that aim to determine the net level of violence in civil conflicts.     

Memory and forgetting: examining the treatment of traumatic historical memory in Grave of the Fireflies and The Wind Rises

Within Japanese popular culture, manga and anime have played a significant role in mediating responses to the outcome of the Pacific War. Miyazaki Hayao's (possibly) final feature-length film, The Wind Rises, has been an important addition to the preceding body of popular media ‘texts’ that raise such themes. This article aims to address the question of how far cinematic animation can reasonably be obliged to follow the kinds of historiographical concerns that inevitably arise when engaging with Japan's militarist past. To answer this question, considerable space is devoted to examining the historical context of what others have done in the post-war period and integrate that commentary into an analysis of how the works of Takahata Isao and Miyazaki Hayao fit amongst a succession of creative works that have been co-opted in the reshaping of historical perceptions of the Japanese at war amongst the Japanese themselves. This will also require some incidental discussion of methodological issues that arise when dealing with such cases as vehicles for understanding transformations in historical consciousness. Ultimately it is argued that Miyazaki does indeed make an important contribution to the commentary on the Japanese war experience, although it must, perhaps unavoidably, be on highly personal terms so far as The Wind Rises is concerned.     

警察执法权力的边界与私权维护

当前警察执法活动中存在着侵犯公民私权的现象,其中一个重要原因是执法者不能准确区分执法权的边界,造成越界执法,导致侵权。建设和谐社会与法制国家必须进一步规范和限制执法权力的运用,实现公权和私权的平衡与协调,在执法中树立以权利为本位的执法理念,明确公权与私权的边界,规范公权力行使,保障私人权益。