近十年中国—东盟经济关系新格局

2013年是中国与东盟建立战略伙伴关系10周年。10年来,随着中国与东盟战略伙伴关系的确立和中国—东盟自由贸易区如期建成,中国与东盟经济关系呈现出一系列新的格局变化。展望未来,中国与东盟经济关系发展将面临新的机遇和挑战。     

Grounds for self-government? Changes in land ownership and democratic participation in Chinese communities

Do variations in land ownership affect people’s democratic participation? Quantitative, cross-country research on this topic suffers from the non-comparability of regulatory systems and cultures, and the use of crude indicators to identify participation. This study attempts to overcome these methodological problems, by employing indicators of procedural and substantive participation in a structured, diachronic comparison of qualitative data from five sites in China – an authoritarian state, which, however, requires residents of urban communities and villages to participate in ‘self-government’. It examines whether and why changing land from collective ownership to state ownership, and residents’ compensated acquisition of cash and secure, fungible assets, strengthens or weakens participation in self-government. In the research sites, collective land ownership is found to stimulate participation in self-government. Transformation of the land to state ownership and people’s acquisition of private property weakens participation. The robust results of the study support the direction of a causal argument that collective land ownership is conducive to democratic participation. These findings imply that scholars and policymakers should consider the potentially adverse political consequences of changing land ownership. A further implication is that, absent substantial political reform, an urbanized China might be less rather than more democratic at the community level.     

新型城镇化背景下传统文化的传承与利用——以闽江口历史文化名镇名村为例

新型城镇化强调以人为本和可持续发展,有别于传统的以房地产推动的发展模式。在此背景下,传统村落要可持续发展,不仅需保护好古建筑等物质文化遗产,传承非物质文化遗产,还要让文化遗产保护与改善村民生活环境、提高就业收入相结合。政府应负起公共文化服务责任,加大资金投入,加强文化遗产保护的政策法规供给,发挥农民的主体作用,引导社会力量和知识分子参与,通过发展文化旅游业、社区营造等手段,使历史文化名镇名村在内的传统村落的优秀传统文化得以充分利用和传承延续。     

自由裁量权论纲

学界对自由裁量权的合理性和必要性一直存有争论。鉴于法律本身的先天性缺陷,自由裁量权所具有的协调、弥补理想与现实之间差距的功能便必不可少,但由此而带来的滥用情形也对民众的权利构成了严重的威胁。我们应当从立法、司法、行政和社会外部四个方面来加强对自由裁量权的规制,这种努力在现代法治社会中已经呈现出新的趋势。     

CCP ELITE PERCEPTION OF THE US SINCE THE EARLY 1990S: WANG HUNING AND ZHENG BIJIAN AS TEST CASES

This article juxtaposes two of the most influential yet under-studied America watchers within the top echelon of the Chinese Communist Party (CCP), Wang Huning and Zheng Bijian. To be sure, the two have indelibly shaped CCP attitudes, yet surprisingly enough, although Zheng has been written about extensively in the English language, Wang has hitherto largely remained outside academics’ purview. This article also aims, in passing, to explore linkages between Wang and Zheng ideas and those of other well- known America watchers like Liu Mingfu and Yan Xuetong. The comparison offers clues as to the extent to which the current advisory shaping CCP thinking on the US differs from the previous generation, and as to whether CCP thinking is un-American or anti-American in essence. The conclusions ties the study together by arguing, based on Wang and Zheng's views, that New Confucianism may shape Chinese society in the future     

Managing Social Risk in China Local Administration: An Examination of SSRA Initiative

Social Stability Risk Assessment (SSRA) sponsored by the local administration is perceived as a socially defined risk-coping initiative since it became mandatory in China. This article observes and unravels SSRA practices by selecting Xuzhou municipality as a sample case. Findings show that local SSRA is operated by the tridimensional mechanism and antecedents of its effectiveness in enforcement are linked with multiple elements of administrative supports. The findings contribute to a full understanding of SSRA in mainland China where there is no electoral democratic regime, and provide implications for developing countries alike. Some recommendations are proposed as a potential driver of these results.     

MAINTAINING A UNITARY STATE: COUNTER-TERRORISM,SEPARATISM, AND EXTREMISM IN XINJIANG AND CHINA

This essay reviews the history of Uighur related terrorism in Xinjiang as well as elsewhere in China and discusses the political motivations and effectiveness of the Chinese government in suppressing terrorism. The essay assesses both the motivations of the Uighurs engaged in terrorism, as well as the motivations for counter terrorist by the Chinese authorities. A key objective of the essay is to determine what are the political and other reasons that drive the Chinese government’s counter terrorism strategy and tactics and whether these have been effective or counter-productive. The essay assesses the counter terrorism strategy of the Chinese government in Xinjiang Province and across China, the political motivations for the strategy, the impact and success or otherwise. The essay discusses if the government is combatting terrorism, or separatism, or extremism, the confusion of these terms, and whether this has had any impact on the effectiveness of counter terrorism.     

New normal with new force in Chinese society

Chinese society by the rule of man society should transition to the rule of law, you have to have the production and development of new social strata, the transition is one of transition, if thanks to ...     

民国刑事诉讼法上的微罪不起诉制度

20世纪20年代，起诉便宜主义逐渐在大陆法系国家法律中得到确认，也很快被民国立法者所接受。在民国刑事诉讼法上，微罪不起诉制度是起诉便宜主义的集中体现，这项制度于1928年《刑事诉讼法》中首次得到确立，此后历经多次修改，在检察官作出微罪不起诉处分的考量因素和具体程序等方面得到了完善，但其适用范围则一直比较有限。在实践层面，微罪不起诉在民国时期的适用率始终偏低，因此很难充分实现其应有的价值。     

司法人道主义的历史进步——晚清司法改革的价值变向

作为对外部挑战与内部情势的司法回应,晚清修律和司法改革运动首先意味着司法理念与司法原则的历史性转变,进而标志着一种区别于传统司法文明价值系统的近代型司法文明价值系统的应运而生,展示了从传统走向现代的司法文明进步成长的历史图景。这场司法变革运动的启动性举措,乃是删除最重之法,推行恤刑庶狱,彰显了司法人道主义的价值取向,从而为编订《大清现行刑律》和《大清新刑律》奠定了重要基础,在近代中国法律与司法发展进程中产生了深远影响。