民事公益诉讼制度初探

公益诉讼于上世纪90年代从西方引入我国,其在维护市场经济秩序、保障环境可持续发展、保护国有资产、拓展公民权利等方面都具有较高的价值潜力.目前,我国新民诉法已将公益诉讼制度纳入其中.本文也尝试着从案件受理、诉讼主体、管辖权等方面对该制度的具体适用进行量化和细化,以期对公益诉讼的完善和发展提供些许的帮助.     

Assessing Operational and Collaborative Performance Management: A Case Study of PhillyStat

Many cities and agencies in the U.S. have adopted the “-Stat” approach, which is called “PerformanceStat” in general. Philadelphia has created PhillyStat as its performance management and tracking tool, of which unique feature is its twofold review process involving both operational and outcome level. This study assesses the capacities of PhillyStat. The assessment suggests four implications for jurisdictional governments and agencies employing the “-Stat” approach. First, the “-Stat” approach should evolve toward strategic review beyond day-to-day operational review. Second, the “-Stat” approach should close the gap in diverse views on government performance. Third, the “-Stat” approach should be used as an effective tool for public management and leadership. Last, the “-Stat” approach should develop capabilities for cross-organizational collaboration.     

Government Internal Audits: The Determinants of Quality Supervisory Review of Audit Documentation

This study investigates the factors that impact the quality of government internal audit workpaper review. Numerous concerns have been expressed about the quality of government audits in recent years. The audit workpaper review helps to ensure public officials rely on accurate audit reports and recommendations. A survey was sent to local government chief auditors in the United States to learn about their audit and audit review processes. Survey analysis reveals the quality of audit workpaper review is a function of auditor training, audit client cooperation, audit departments’ budget size, auditor consulting engagements with the clients, etc.     

Open Government: Origin,Development, and Conceptual Perspectives

The term “open government” is frequently used in practice and science. Since President Obama’s Memorandum for the Heads of Executive Departments and Agencies in March 2009, open government has attracted an enormous amount of public attention. It is applied by authors from diverse areas, leading to a very heterogeneous comprehension of the concept. Against this background, this article screens the current open government literature to deduce an integrative definition of open government. Furthermore, this article analyzes the empirical and conceptual literature of open government to deduce an open government framework. In general, this article provides a clear understanding of the open government concept.     

Predictive Policing: Review of Benefits and Drawbacks

This literature review illuminates the conceptualization of predictive policing, and also its potential and realized benefits and drawbacks. The review shows a discrepancy between the considerable attention for potential benefits and drawbacks of predictive policing in the literature, and the empirical evidence that is available. The empirical evidence provides little support for the claimed benefits of predictive policing. Whereas some empirical studies conclude that predictive policing strategies lead to a decrease in crime, others find no effect. At the same time, there is no empirical evidence at all for the claimed drawbacks. We conclude that the current thrust of predictive policing initiatives is based on convincing arguments and anecdotal evidence rather than on systematic empirical research. We urge the research community to do independent tests of both positive and negative expectations to generate an evidence base for predictive policing.     

The Impact of Post-Enactment Review on Anti-Terrorism Laws: Four Jurisdictions Compared

This paper examines a significant legislative challenge in many jurisdictions around the world a decade on from the events of 11 September 2001. Using Australia, Canada, New Zealand and the United Kingdom as case studies, it aims to assess the relative effectiveness of regular and extraordinary review mechanisms at the national level in leading to the improvement of anti-terrorism laws. That such mechanisms often appear to meet with only muted success says something about their institutional weakness and also the tension that inheres in legislatures as simultaneously legal and political institutions. Further, it reflects the authority and legitimacy to which national security law quickly lays claim in a political culture. This makes it resistant to reform, even when aspects of it can be said to be part of the terrorist problem rather than its solution.     

National Parliaments and European Integration: What We Know and Agenda for Future Research

The role of national legislatures in European integration first received serious attention in the mid-1990s in connection with debates on the EU's democratic deficit. Since then, both academics and politicians have entered a lively debate on how best to involve national parliaments in EU affairs. The purpose of this article is to examine critically the state of research on the role of national parliaments in European integration and to use that existing knowledge to suggest avenues for further research. The main argument is that through focusing almost exclusively on scrutiny of European affairs, the literature has failed to acknowledge the multiple constraints that impact on legislatures. There is a demand for more theory-driven analyses of actual behaviour that extend beyond describing formal procedures and organisational choices. Future research should also pay more attention to the strategies of political parties and to the incentives of individual MPs to become involved in European affairs.     

论交通事故中的车体痕迹

交通事故司法鉴定中车体痕迹的鉴定至关重要,但目前对车体痕迹的概念、分类等尚见仁见智,存在一定差异,特别是对车体痕迹外部特征的表述,没有形成统一的标准。论文从车体痕迹的概念着手,分析了车体痕迹在司法鉴定中的应用,对广泛存在的车体痕迹从外部特征进行了详细分类,即附着物痕迹、移位痕迹、变形痕迹、刮擦刺剪痕迹、折叠痕迹、破裂破损爆裂痕迹、断脱脱落缺失痕迹、孔洞洞穿类痕迹、塌陷状痕迹、粉碎性痕迹等十种。希望引起讨论,形成统一的标准。     

从WTO及其附属协议看国际条约在我国的适用

中国法律体系目前对于国际条约和国内法关系的规定缺乏系统性,加上签署加入WTO议定书的特殊情况,导致WTO及其附属协议在国内适用存疑。从美国、欧盟等国家的实践来看,实用主义的做法对中国有利,在中国法律体系内赋予不同类别的国际条约适当的法律位阶是首先要解决的问题。同时,对于WTO及其附属协议,可以参照国际通行做法,采用个案处理的方法适用。     

法经济学视角下“人走股留”条款之效力

本文认为,"人走股留"条款在有限责任公司的股东身份与雇员身份之间建立了必要性联系,最高人民法院以第96号指导案例对此类条款的司法适用作出回应,其个案裁判虽然妥当,但可参照适用的范围较为狭窄。基于对公司激励结构的分析可以发现,此类条款不满足资本多数决适用的前提。结合企业所有权和交易成本理论,此类条款在实践中发挥着帮助实现人力资本出资的功能。原则上通过资本多数决形成的强制转让条款对异议股东不生效。法院应审查企业的"人合性",关注相关价格条款与中小股东任职保障的公平性,最终决定条款效力。