环境公益诉权及其程序保障——以检察机关提起环境公益诉讼为视角

实践表明,我国保护环境的传统模式即行政执法方式是失灵的。当前,探索司法介入环境保护的新模式是必要的,而环境司法的首要问题就是环境公益诉权的问题。根据我国实际情况,赋予检察机关环境公益诉权不仅是必要的,而且是可行的。同时,还要探索检察机关在提起环境公益诉讼过程中的诉讼地位、处分权的规制、证明责任的分配、诉讼时效等程序机制,以达到既保障且诉权、又加以合理规制的目的。     

民法诚信原则与劳动法适用之博弈论纲——以“奋斗者协议”和“自愿弃保”为例

"奋斗者协议"与"自愿弃保"案件背后隐含的法理可简概为民法诚信原则与劳动法适用问题。实践中的误读和误判、《民法典》缺失劳动权(益)之基本民事权利设置、共享经济下新型劳动用工和疫情与后疫情时代之多重叠加效应,导致了劳动法之"衰"与"殇"。民法诚信原则同样适用劳动法含社会保障法,所谓劳动法不能适用该原则或者民法思维模式都是不严谨之"伪"命题。劳动法适用诚信原则应当考量其特殊性,惩戒权适用时,应当遵循比例原则和有利原则,并不得涉及劳动者非职业行为即私人行为和排除社会保障权。任何排除或剥夺劳动者社会保障权的约定或规章都是无效的。后劳动合同义务适用诚信原则不能"选择性""遗漏"抗辩权,如果当事人依法行使抗辩权,则不能裁定其违反了诚信原则,否则就是"伪"民法思维模式。实习关系属于特殊的劳动关系,在实习法律规范严重缺失下,用具有弥补法律不足之价值与功能的诚信原则治理"虚假实习"完全必要而且可行。     

Voter responses to refugee arrivals: Effects of settlement policy

In this paper we leverage a sudden shift in refugee settlement policy to study the electoral consequences of refugee settlements. After the 2013 Norwegian parliamentary election, the newly elected right-wing government made a concerted effort to spread newly arrived immigrants across the country, with the consequence that some municipalities with limited experience in settling refugees accepted to do so. We propose that such policy changes have political consequences, increasing the salience of immigration issues and shifting voters’ preferences to the right. We further propose that successful refugee integration can move (parts of) the electorate to the left, with stronger political polarization as a possible effect of the policy change. Applying difference-in-differences techniques, we find no evidence of unidirectional shifts in voter sentiments, but support for the hypothesis of stronger political polarization.     

Unravelling the ‘devolution paradox’: Citizen preferences for self-rule and for shared rule

Recent survey research has revealed a ‘devolution paradox’: some citizens who favour stronger regional governments inconsistently desire policy uniformity across regions and state-wide intervention in policy provision. It is argued and empirically shown that preferences for regional authority can be broken down into preferences for self-rule – that is, for autonomy for the region – and for shared rule – that is, for collaboration between regional and national governments. Drawing upon the International Constitutional Values Survey, which includes 4,930 respondents from 142 regions in eight countries, it is also shown that preferences for self-rule and shared rule have different impacts. Preferences for self-rule translate into a preference for regional reform that strengthens regional autonomy, whereas preferences for shared rule drive preferences for fiscal transfers from richer to poorer regions. These results are important because they can explain why citizens who are in favour of more regional authority may support an apparently ‘paradoxical’ set of policy outcomes.     

Rallying in fear? Estimating the effect of the UK COVID-19 lockdown with a natural experiment

We use a natural experiment to study how the announcement of the UK COVID-19 lockdown affected citizens' attitudes towards the pandemic and the government's response to it. On the day of the lockdown announcement, YouGov ran a survey that captured responses before and after the announcement. Comparison of these responses suggests that the lockdown announcement made people more supportive of the government's response to the crisis but also (perhaps surprisingly) more concerned about the pandemic. Analysis of heterogeneous treatment effects suggests that the announcement narrowed gaps in perceptions of the crisis, increasing support for the government's response especially among those who had been least supportive and increasing concern about the pandemic especially among those who had been least concerned. Overall, the findings highlight a tension inherent in governing during times of crisis: actions that increase people's confidence in government and induce compliance with government directives may also tend to increase anxiety among the population.     

Killing the Third World: civilisational security as US grand strategy

Abstract

This article disputes explanations of American expansionism that are based on the requirements of national security or more abstract theories such as the balance of power. In contradistinction to the imperatives of defence and survival, the article shows how civilisational factors weighed heavily on the emergence of US grand strategy at the turn of the nineteenth century. In particular assumptions about the peoples of the Third World being lesser played an important role in the conception and legitimation of imperial expansion. During this period, the US Navy went through a dramatic build-up. The article shows the ways in which the worldviews of many of the key players (such as Alfred Mahan and Theodore Roosevelt) contributed to the militarisation of global racism, a development that led to widespread killing in the Philippines and elsewhere.     

The Impact of Quality Public Service Delivery on Customer Satisfaction in Bahir Dar City Administration: The Case of Ginbot 20 Sub-city

ABSTRACT

This study is conducted with the general objective of assessing the impact of quality public service delivery on customer satisfaction in Ginbot20 sub-city. To conduct the study correlational research design, and quantitative research approach have been employed. A total of 88 samples both from customers (68) and service providers (20) were selected using simple random sampling and systematic random sampling techniques respectively. Data were collected using questionnaires. Based on the data collected, the study comes up with certain findings. Among the major findings, the perception of customers and service providers on quality service delivery and customer satisfaction is different, responsiveness, tangibility, assurance, and reliability have positively associated with customer satisfaction. However, empathy has negatively associated with customer satisfaction. Generally, the likelihood of customers gets satisfied when there is quality service delivery is 0.84 (84%) while get satisfied with the probability value of 0.038948(3.8948%) in the absence of quality service delivery.     

中共早期领导人的文化安全观探析

中共早期领导人尽管没有提出文化安全的概念，但在严峻的民族危机面前，思考民族的前途和命运不可避免地要涉及到文化安全问题。主要内容包括：大力提倡爱国主义，弘扬民族精神；倡导文化革新，主张新的文化创造；强调开放的文化心态，反对盲目排外；揭露帝国主义侵略的实质，批判殖民主义文化；批判封建复古主义，指出迈向新文化的道路。     

论国家公务人员监督过失责任追究机制的构建——从矿难事故中刑事责任的追究切入

在我国矿难等生产安全责任事故中，存在着司法机关对监督过失者无法追究或者很少追究刑事责任的司法错位，造成了安全生产事故防控的困难和罪刑的失衡。化解这一司法困境的进路是借鉴监督过失理论，构建我国的国家公务人员监督过失责任追究机制。具体建议为：其一，设立业务监督过失罪和职务监督过失罪；其二，在监督过失犯罪中增设资格刑和罚金刑；其三，在司法中适用“信赖原则”限制司法权力滥用；其四，在诉讼程序上实行“举证责任倒置”。     

法治化：河南省永城市社会治安管控模式永续之路

河南省永城市的社会治安管控模式引起学界和司法实务界的关注,它的主要特点是以防为主、打防并举,其主要做法可以作为标本在同类型的中小城市复制,但要实现这种模式的永续,有待于将其法治化。