清代搜查制度初探

在源远流长的中华法制文明的历史上,尽管有着重实体轻程序的传统,但随着历史的发展,法制文明的进步,传统法上的搜查制度也在实践中不断地完善。清代法制是中国封建法制的高峰,相应的,清代法律中的搜查制度也比较完善。它对搜查的主体、搜查的对象、搜查的执行方式、搜查主体的责任等方面都有比较详细的规定,并且体现出有效保障原则、遵循令状原则、合理根据原则、针对性的搜查原则以及鲜明的国家利益至上的法律思想与人本主义的法律思想。     

集团诉讼制度的价值研究——兼评我国的代表人诉讼制度

价值是反映主体与客体之间需要和满足需要的效应关系的范畴,是深刻认识集团诉讼制度的良好视角和工具.集团诉讼价值是法律价值、民事诉讼价值下位的概念.集团诉讼制度的独特品性在于克服集体行动的障碍,共通性在于体现了在新的社会条件下民事诉讼目的论的发展.     

刘少奇法制思想探析

刘少奇法制思想的主要内容,可以概括为七点.这些思想的实施所经历的曲折,有三个主要原因.从这些思想和这些原因,可以得出至少五点启示.     

高速公路抢劫犯罪研究与思考

近年来高速公路已经成为抢劫等暴力性犯罪的集中地。针对高速公路抢劫犯罪的特点和频发原因,需要通过构建高速公路治安管理体系、增强高速交警的战斗力、提高高速公路所有者、管理者的责任意识和人民群众的防范意识等手段,遏制高速公路抢劫案件的发生。     

Between Government and Governance: Opening the Black Box of the Transformation Thesis

The notion of going from government to governance, known as the transformation thesis, as depicted in early Governance Theory has been subjected to substantive critique. This paper explores two different stances of such critique. The first critical stance is represented by Jonathan S. Davies’ 2011 book “Challenging Governance Theory: From networks to hegemony” and entails a radical rejection of the transformation thesis. The second stance offers a more moderate reconfiguration of the transformation thesis and is represented by the recently co-authored work of several prominent governance theorists titled “Interactive Governance: Advancing the paradigm”. While both aspire to set new agendas for governance research, this paper argues that the latter reconfiguration carries a problematic preposition towards overemphasizing the separation between government and governance practices.     

Meta‐Governance of Partnerships for Sustainable Development: Actors' Perspectives from Kenya

The 2030 Agenda for Sustainable Development promotes multi‐stakeholder partnerships (MSPs) as a means of implementation while at the same time putting renewed focus on the need for national‐level ownership and implementation. Despite the fact that an ever growing body of literature on the merits and drawbacks of MSPs delineates several success conditions for partnerships, efforts to translate this knowledge into national‐level meta‐governance for MSPs remain marginal to date. This study outlines the benefits the literature alleges for such “meta‐governance” frameworks, before it uses a country‐level study with a series of stakeholder interviews to take a closer look at national‐level context conditions and lessons learned with regard to two water partnerships in Kenya. Our findings suggest that to date the existing meta‐governance for partnerships in Kenya is rather weak and fragmented. Yet respondents support the view that MSPs could benefit from such a framework, in particular regarding local ownership of MSPs and the potential to scale successful cases. Copyright © 2017 John Wiley & Sons, Ltd.     

New directions for public service reform in developing countries

This paper argues that recent developments in practice and theory provide a more promising basis for public service reform in developing countries than we have had since at least the turn of the century. There have been significant instances of large‐scale reform success, such as Nepal's Public Service Commission and Malaysia's delivery unit, Pemandu, and also “pockets of effectiveness” in individual agencies in many countries. They contribute to a more fruitful and diverse repertoire of reform approaches than generally realized. Policymakers can draw on all those instances and types of reform, together with relevant rich country experiences, as they improvise and tailor responses to their always unique reform problems. Proceeding in this way helps reformers to expand the “reform space” available within the political economy. Donors can help reformers if they facilitate reform in the spirit of the Busan Partnership rather than impose their preferred models. In short, the new direction which this paper identifies can be stated as creative problem solving by local actors facilitated by sympathetic donors, building on examples of reform success and drawing on a repertoire of poor and rich country reform approaches.     

Past as global trade governance prelude: reconfiguring debate about reform of the multilateral trading system

This paper peers backwards into the history of the multilateral trading system and its development over the past half century as a means of considering what may lie beyond the horizon for the future of global trade governance. Its purpose is to underscore the necessity and urgency for root-and-branch reform of the multilateral trading system. It achieves this by comparing and contrasting the global trading system of 50 years ago with its modern-day equivalent and its likely future counterpart half-a-century hence. In so doing, the paper throws into sharp relief not only the inadequacies of global trade governance today but also the damaging consequences of not fundamentally reforming the system in the near future, with a particular emphasis on the past, present and future development of the world’s poorest and most marginalised countries.     

The Politics–Bureaucracy Interface in Developing Countries

The political–bureaucratic interface has been the subject of much academic interest. However, research has tended to focus exclusively on wealthy institutionalized democracies, with little attention given to the political–administrative relationship in developing countries. However, recent evidence from reform processes in poorer nations increasingly highlights the importance of interactions between politicians and bureaucrats. This paper provides a systematic overview of the political–bureaucratic relationship in developing countries and in doing so makes two key contributions. First, it introduces a typology of political–bureaucratic relations based on four models—collaborative, collusive, intrusive, and integrated—discussing examples of each. Second, it analyses the main factors associated with different models of political–bureaucratic relations and considers how countries can move from one model of relations to another. The paper provides a much‐needed entry point for scholars and policymakers to better understanding the relationship between politicians and bureaucrats in developing countries. Copyright © 2017 John Wiley & Sons, Ltd.     

Contested narratives of encounter from a bridge-building project in northern England

ABSTRACT

Recent years of community engagement under the war on terror in the UK have seen the co-option of bridge-building initiatives into wider narratives of securing communities. Through ethnographic insights into a peace building inter-faith initiative that made it onto the news as a ‘deradicalization’ workshop, I show how encounters in such projects are susceptible to being reframed into the very narrative in which encounters are sought after in the first place as a political settlement to growing inter-ethnic tension and conflict. This paper contributes to the growing geographies of encounter literature by making more explicit the narratives that shape how encounters function.