论和谐视阈中行政法的品格

和谐社会是我们时代的主旋律,促进或实现和谐是行政法学研究与行政法制实践的重要目标.和谐社会时代的到来意味着行政法精神、价值趋向、基本功能及其内在机理必将发生某种程度的转变,这些转变需要引起行政法学界的关注和探讨.     

公安行政问责制的完善

随着我国"问责风暴"向"制度问责"的转变,如何更好地完善公安行政问责制就成为一个紧迫而现实的课题。目前制约公安行政问责制功能发挥的因素主要包括:公安行政文化滞后、职权划分模糊、问责主体角色缺位、警务公开度有限和警察绩效评估机制不完善等。针对上述制约因素,营造公安行政问责文化、严格划分权责界限、强调异体问责、加强警务公开以及完善绩效评估机制就构成了完善公安行政问责制的基本思路。     

Gender,Culture and the Law: Approaches to ‘Honour Crimes’ in the UK

This article examines the debate on whether to analyse ‘honour crimes’ as gender-based violence, or as cultural tradition, and the effects of either stance on protection from and prevention of these crimes. In particular, the article argues that the categorisation of honour-related violence as primarily cultural ignores its position within the wider spectrum of gender violence, and may result in a number of unfortunate side-effects, including lesser protection of the rights of women within minority communities, and the stigmatisation of those communities. At the same time it is problematic to completely dismiss any cultural aspects of violence against women, and a nuanced approach is required which carefully balances the benefits and detriments of taking cultural factors into account. The article examines the issues within the context of the legal response to cases involving honour-related violence, arguing that although the judiciary has in a number of cases inclined towards viewing ‘honour’ as primarily cultural rather than patriarchal, in some cases they have begun to take a more gender-based or ‘mature multiculturalism’ approach.

论邓小平对当代中国行政改革道路的设计

行政改革是一项艰巨而复杂的系统工程。对于当代中国的行政改革 ,邓小平主张从实际出发 ,选择“渐进式改革”的途径和方式。“渐进式改革”有其自身的鲜明特点和特定内容 ,坚持渐进式行政改革的道路 ,是保证当代中国行政改革走向成功的正确选择     

论法治之法

法治的实现以法制为前提,而良法又是法治的题中之义,也是法治的有力保障.本文试图从立法原理、立法宗旨、立法程序以及法律的价值取向等方面来分析何为良法,以求探讨在法治建设中如何使立法真正走上良性的发展轨道.     

关于我国行政主体的不适格

行政主体是行政法律关系中的管理主体.目前行政主体理论将其设定为具有法人结构形态和行政法人能力的组织,但是,行政主体担负组织的结构形态呈多样性,与理论上所设定的行政主体的行政法人结构形态不相吻合,行政主体担负组织的主体能力与行政主体的主体能力在范围上不相一致,最终影响到了行政主体在我国行政法体系内容框架下主体能力的实现.行政主体理论有待进一步丰富和发展.     

论行政复议的基本原则

全国人大常委会第九次会议通过的《中华人民共和国行政复议法》是我国民主与法制建设的又一重要成果,标志着我国行政复议制度的进一步完善.行政复议的基本原则是行政复议法的一个重要问题,对行政复议的基本原则问题加以研究,有助于我们加深对这部法律的理解,更好地贯彻执行这部法律.     

Is there a global environmental justice movement?

One of the causes of the increasing number of ecological distribution conflicts around the world is the changing metabolism of the economy in terms of growing flows of energy and materials. There are conflicts on resource extraction, transport and waste disposal. Therefore, there are many local complaints, as shown in the Atlas of Environmental Justice (EJatlas) and other inventories. And not only complaints; there are also many successful examples of stopping projects and developing alternatives, testifying to the existence of a rural and urban global movement for environmental justice. Moreover, since the 1980s and 1990s, this movement has developed a set of concepts and campaign slogans to describe and intervene in such conflicts. They include environmental racism, popular epidemiology, the environmentalism of the poor and the indigenous, biopiracy, tree plantations are not forests, the ecological debt, climate justice, food sovereignty, land grabbing and water justice, among other concepts. These terms were born from socio-environmental activism, but sometimes they have also been taken up by academic political ecologists and ecological economists who, for their part, have contributed other concepts to the global environmental justice movement, such as ‘ecologically unequal exchange’ or the ‘ecological footprint’.     

The everyday peace project: an innovative approach to peace pedagogy

A critical task for peace pedagogy is to challenge views of peace as primarily responses to declared war. Crisis-based politics tend to focus on exceptional situations and fail to capture the entire spectrum of violence. Premised on the idea that peace cannot be understood in isolation of larger structural problems, this paper proposes the concept of ‘everyday peace’ as a framework for peace education. Drawing from a pedagogical initiative, we examine how students engage with the concept of everyday peace and present our findings in three related domains: (1) definition of everyday peace, (2) application of everyday peace principles and (3) role of collaboration in everyday peace approaches. Our analysis underscored two important themes in participants’ definitions of everyday peace: (1) peace as a value-based praxis and (2) individual-level and systemic components of everyday peace. Applying these principles to a violent event in the local community, participant responses emphasized compassion, cultures of peace and the need to draw reflexive, meaningful connections between local and global contexts. The participants also outlined the synergistic role of collaboration in everyday peacebuilding. We discuss our findings in relation to extant research and consider implications of an everyday peace framework for holistic peace education.     

Fair Trade and justice: a comment on Walton and Deneulin

In this article we first point out that the different conceptualisations of Fair Trade, which are sometimes analytically contradictory, actually form a coordinated set. Understanding the Fair Trade project is impossible without taking these interlinked conceptualisations into consideration. Second, this set basically forms a mechanism of structural, institutional and moral reforms that guide actions. In this way Fair Trade sets out to produce less injustice than is usually the case with the structures and institutions that govern conventional trade. Nevertheless, it does not try to define what a just society is or even to perfectly define ‘fair trade’. This implies the adoption of a comparative justice angle. It is precisely by linking comparative individual situations with the structures that produce these situations that relative justice can find its strength and purpose.