我国现行宪法在制订、修改、解释和实施中的若干问题(一)

我国现行宪法在制订和颁布时,某些文字不够简练,某些语言不够准确,某些表述不够严谨,某些规定不够完善.在修改中,某些需要及时修改的内容未能及时修改,某些可改可不改的内容或完全不必修改的内容进行了修改,某些需要修改的内容或增加的内容在修改时或增加时出现了新的不足.在解释中,在一段时间内没有及时将改革开放纳入宪法总的指导思想和总的原则之中.在实施中,某些规定或部分地,或基本地,或完全地得不到贯彻落实.总结和分析这些问题,目的是为了吸取其中的经验教训,改进相关的工作,以利于维护宪法的科学权威和组织权威.     

欧洲共同体指令的直接效力

在欧洲共同体的所有二级立法渊源中,指令的法律效力是一个颇具争议的问题,尤其是指令在各成员国中是否具有直接效力,更是引起了诸多纷争,而《欧洲共同体条约》和《欧洲原子能共同体条约》均未对此做出规定.以欧洲法院的相关案例法为主线,对其提出的指令的纵向直接效力、协调一致解释及附带横向直接效力原则逐一进行了评析,最后得出结论:为切实有效实现欧洲共同体指令所追求的目标,欧洲法院应当重新定义其提出的指令的直接效力原则;其中,最具有关键性意义的是,应当赋予指令在自然人和法人等私人之间的横向直接效力的职能.     

保险人说明义务若干疑难问题研究

我国《保险法》第17条、第18条关于保险人说明义务的规定,其实施效果并不理想,实际情况是保险人不说明或说明流于形式化.对于非消费性保险合同、续保的保险合同、个别协商条款、非责任免除条款、法定免责条款,保险人无须履行主动说明义务.当前最重要的是促进保险条款说明方式的实质化:一是推进保险条款的通俗化,提高保险条款的可读性;二是促进责任免除条款说明方式的实质化.保险人未明确说明责任免除条款的,其法律后果仍应维持不产生效力的现行规定,而不宜引入国外的冷静观察期制度.     

Intraparty Hostility: Social Identity,Subidentity, and the Hostile Media Effect in a Contested Primary

The hostile media effect (HME) has generally been tested in terms of in-groups and out-groups, with a “neutral” story in between. This ignores the nature of many social groups as comprising subgroups, often but not always sharing feelings of connectedness and purpose. In cases when bounded subgroups are at odds with one another, HME provides little guidance. A contested partisan primary provides such a case. This study takes identity centrality, candidate favorability, and perceived social network homogeneity as measures of partisanship and involvement, hypothesizing relationships between each and perceived bias against one’s candidate and party. Findings show that markers of candidate-focused social identity predict greater perceived bias against one’s candidate during the 2016 primary season, while party-focused identity fails to predict perceived bias against one’s party. This suggests that candidate support identity overrides plain partisanship during primaries, supporting concern that a heated primary might damage general election party unity. Subsequent postconvention findings suggest that the salience of candidate-focused identity fades, while homogeneity of one’s network regarding party support helps to make perceived hostility toward one’s party identity more salient. However, as campaigns become more candidate-centered, the contestation between nested candidate and party identities may grow fiercer.     

Recruitment and selection practices among non-governmental organizations (NGOs) in Ghana

Taking into consideration the eugenic nature and perspective of high-performance human resource management functions on organizational effectiveness, the authors examined managerial and employee level of recruitment and selection on operational performance with emphasis on human capital and three indicators of organizational commitment (affective, normative, and continuous) as mediators. Questionnaires totaling 282, 122 for managerial level and 160 for employee level, were administered. A multilevel analysis of data were conducted on a selected number of Ghanaian NGOs using Statistical Package for Social Sciences (SPSS). The study revealed that recruitment and selection ideally leads to improved operational performance, however, this affiliation can be enhanced through the inescapable role of human capital and the three commitment indicators (affective, normative, and continuous). It was also exposed that effective recruitment and selection leads to a desirable employee’s level of affective, normative and continuous commitment, which also have greater influence on the operational performance. The study is thus considered very significant contextual support to existing literature and practitioners since not much of such work has been done in the Ghanaian context. Therefore, the current study implicates recruitment and selection, human capital, and the three commitment levels as a core value-creating ability that drives non-governmental organizations performance.     

Fostering Constructive Action by Peers and Bystanders in Organizations and Communities

Peers and bystanders play important roles in organizational and community conflict management. Bystanders often learn relevant information and have opportunities to act in ways that can affect three of the basic functions of a conflict management system (CMS.) They can help (or not help) to identify, assess, and manage behaviors that the organization or community deems to be “unacceptable.” Examples in which bystanders play important roles include sexual and racial harassment, safety violations, unethical research, national security violations and insider threats, cyber‐bullying and cyber‐sabotage, violence, fraud, theft, intimidation and retaliation, and gross negligence. Bystanders often are a missing link in conflict systems. For the purposes of this article, I define peers and bystanders as people who observe or learn about unacceptable behavior by others, but who are not the relevant supervisors, or who knowingly engage in planning or executing that behavior. I define CMS managers as all those people, including line managers, who have responsibility for managing conflicts. Conflict managers face many challenges in fostering constructive behavior from bystanders. The interests of bystanders may or may not coincide with the interests of conflict systems managers in an organization or community. Bystanders often have multiple, idiosyncratic, and conflicting interests, and experience painful dilemmas. In addition, peers and bystanders, and their contexts – often differ greatly from each other. Blanket rules about how all bystanders should behave, such as requirements for mandatory reporting, are often ineffective or lead to perverse results. Bystanders are regularly equated with “do‐nothings,” in the popular press. In real life, however, helpful bystander actions are common. Many bystanders report a wide variety of constructive initiatives, including private, informal interventions. In this article, I report on forty‐five years of observations on bystanders in many milieus. I present what bystanders have said are the reasons that they did not – or did – take action, and what can be learned to help organizations and communities to support bystanders to be more effective when faced with unacceptable behavior.     

Intergovernmental Grants and Public Expenditures: Evidence from a Survey Experiment

The relationship between intergovernmental grants and public expenditures is one of the most studied phenomena in the local public finance literature. However, little is known about whether the impact of unconditional grants is fundamentally different from that of other sources of municipal revenue. We study this question by means of a large-scale randomised survey experiment among Danish local politicians, which allows for a comparison of the impact of changes in various sources of municipal revenue. Our findings challenge the conventional conception in the public finance literature that money works differently depending on which sector they are generated in. Instead, ideology plays an important role in explaining how local politicians want to allocate resources when faced with changes in local government revenue.     

英语教育的劳动市场回报及英语教育政策调整 —— 基于 2016年问卷调查数据

中国的英语教育近年来受到越来越多的重视。无论是国家还是个人都投入了大量资源用于英语教育,如此巨额的投入所带来的劳动市场回报值得关注。英语教育的劳动市场回报可以分为人力资本投入回报和信号作用回报。研究发现,英语在实际工作中使用越多,工资收入越高,是为英语教育作为人力资本投入回报的证据。但在工作中很少用到英语的人,通过英语四六级考试对其工资也有显著影响,反映了英语教育具有信号作用的功能。调查显示,英语教育的信号作用是英语教育劳动市场回报的主要方面。因此,中国的英语教育有过度教育从而导致资源配置低效率之嫌,建议及时调整国家的英语教育政策。     

中日第三方市场合作的挑战与对策

作为一种创新的国际合作模式,中日第三方市场合作未来发展前景广阔,给中日双方带来巨大机遇,但推动第三方市场合作仍面临诸多挑战:两国在参与第三方市场合作项目中存在竞争惯性思维;中日第三方市场合作须应对地缘政治博弈的挑战;日本国内政治对中日第三方市场合作的"负向外溢效应";中日关于第三方市场合作项目的标准与规则的分歧;面临第三方不稳定因素的影响.为此,需要中日两国发挥各自优势,携手寻求在第三方市场的合作机会;明确两国合作的方向和目标,避免域外因素干扰,推动RCEP早日签署生效;增进中日政治互信,使中日政经关系形成相互促进的良性循环;建立长效支持促进机制,推动双方共同制定国际标准;做好第三方市场风险管控预防工作.     

Effect of Wind on Horizontal Displacement of Fatal Fall from a Height

The horizontal displacement of the human body resulting from fatal fall from a height is an important variable commonly used to inversely determine the cause or identify other forensic aspects of the fall. When examining the horizontal displacement, the wind effect is generally ignored. This technical note reports analytical modeling of the falling process, utilizing previous measurements of wind force acting on the human body, for determining the functional relationship between the wind speed and the horizontal displacement in the falling process. The result reveals that it does not take extremely rare wind conditions to cause a considerable shift of the human body, highlighting the importance to consider wind as a factor in investigations of fatal falls.