工程建设商业贿赂犯罪案件侦查

近年来,工程建设商业贿赂犯罪案件数量增加,呈上升态势,及时破获此类案件是经侦部门的全新课题。本文分析了工程建设商业贿赂犯罪案件的表现,找出其特点,着重探讨了如何破获此类案件的侦查方法,以求服务于侦查实践。     

刑法因果关系问题再研究

从胡某案件人手,对国内外单独犯因果关系的学说进行了评述,并对共同犯罪因果关系的学说进行了认真的研究,肯定了毕克迈耶与牧野英一的共同犯罪因果关系学说的现代价值,以此为借鉴分析胡某案件中涉及的共同犯罪的因果关系问题,提出考察本案因果关系应遵循的整体性原则,即共犯行为间有引起与被引起的关系,它们互为条件、互相配合、纵横交错,具有单个犯罪所不具有的特殊性;各共犯的行为与犯罪结果之间无论是直接的因果关系还是间接的因果关系,都是一种不容否认的客观存在;共犯的因果关系还具有双重性的特征,即大因果关系与小因果关系.由此得出胡某与张某、江某均应以故意伤害罪论处的结论.     

关于新建公安本科院校教学质量的思考

新建公安本科院校面临着迅速提高教学质量的重大课题。面对这一任务,新建公安本科院校,一要重视转变教育思想观念,树立科学的教育质量观;二要处理好“成人”与“成才”,理论教学与实践教学两对关系;三要抓好教学管理规范化建设、教学内容与方法改革、师资队伍建设。     

The European Court of Justice and its political impact

This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the (over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.     

Congressional Attention and Opportunity Structures: The Select Energy Independence and Global Warming Committee

This article examines the role that overlapping committee jurisdictions play in fostering or hindering attention to environmental and energy issues in the U.S. Congress. The Select Energy Independence and Global Warming Committee, created by House Democrats in 2007 , and its chairman Rep. Ed Markey took advantage of opportunities within the existing jurisdictional arrangement to increase attention to these issues despite lacking any legislative authority. Data from the 110th and 111th Congresses show that the Select Committee held more hearings on climate change and alternative energy, and on environmental and energy policy generally, than any other committee. The committee also increased the range of sources informing debate on these issues by calling different witnesses than other committees. These findings have important implications for the relationship between institutional structure and agendas and for Congress' policy‐making role on energy and the environment.     

Projecting the Arena of Inclusion: The Case of South Korea in Pursuing a Phased Inclusive Growth Process

South Korea created a mechanism that fuels inclusive growth, a process that coevolves economic growth and social well‐being. This study attempts to elaborate on the context and preconditions for development that would manifest salience policy implications for moving up the industrial value chain and attain inclusive growth. We contend against the view of simplified growth cum equity that is used to elucidate the success of Korea's socioeconomic development (economic miracles). Our findings informed us that there were intense measures taken throughout different phases of Korea's industrial development. In addition, we observed in many occasions intense negotiations between the state, firms, and civil society for social welfare and a better working environment. This led to a pursuit for inclusive growth in the post catching‐up phase that blended together many inclusive agendas, realizing growth that coevolved industrial upgrading and social welfare. This article seeks to explain how Korea populated its arena of inclusion in the process of pursuing rapid industrialization. The overview of different phases of development provides normative principles that are useful as a guide for other economies which aspire to attain similar development.     

Identifying the Causes of Issue Attention and Policy Change: Evidence from U.S. Offshore Oil and Natural Gas Drilling Policy, 2008

The flow of attention in the policy process is dynamic and disruptive. While we know changes in issue attention often result in policy change, the causal mechanisms underlying the different stages of the attention allocation process remain unclear. This article uses Punctuated Equilibrium Theory to examine an underdeveloped aspect of issue attention within policy‐making institutions: how specific policy indicators influence the entry and exit of issues on policy‐making agendas. Partisan issue attention in the House of Representatives is used to analyze a significant change to U.S. offshore oil and natural gas drilling policy in 2008. The results highlight how historically high gasoline prices precipitated a shift in attention to offshore drilling and subsequent policy change. Moreover, gasoline prices Granger‐cause attention to energy policy in partisan speeches over time. The analysis further reveals how competing policy frames and a salient focusing event shaped congressional and public discourse, leading to subsequent changes in attention. Taken together, the findings broaden our understanding of the policy process by identifying the specific forces behind the entry and exit of issues on the policy‐making agenda.     

The Formal Delegation of Regulatory Decisions in the Telecommunication Sector: An Explanation Using Classification Trees

Research on regulation has traditionally focused on studying the delegation of regulatory competencies from political principals to an independent regulatory agency. In this article, we argue that this delegation is nuanced by different factors that affect whether a specific regulatory decision is formally delegated. We examine and explain formal delegation patterns at the level of individual regulatory decisions in twelve countries located in Europe, Latin America, and South Asia. The data were gathered by coding the twelve countries' telecommunications legislation. The data analysis was undertaken using a classification tree model—a nonparametric model. We found that the maturity of the market has the greatest effect on the formal delegation of regulatory decisions, but this effect is also influenced by the other theoretical factors considered, particularly the level of political constraints and the type of regulation.     

The Space Between: Demonization of Opponents and Policy Divergence

Prior research on policy conflicts indicates a tendency among policy actors to misperceive the influence of actors engaged in policy debates based on the degree of distance between their relative policy positions. This research develops a measure for assessing the degree and direction of the misperception effect. This measure is then utilized as a dependent variable to assess the relationship between theoretically relevant factors and the degree to which actors will exaggerate the influence of their opponents and allies. The research uses original survey data of policy actors engaged in the debate over hydraulic fracturing in New York. The results indicate misperceptions of relative influence are prevalent and most associated with the experience of a policy loss and holding relatively extreme policy beliefs. The findings provide new insight into factors that influence the demonization of political opponents. These insights are timely in the context of polarized debates over environmental and energy policy in the United States.