论政府信息公开原则

公开政府信息是党和政府打造＂阳光＂政府,建设公正、透明、廉洁、高效的法治政府的必然要求。但特定信息的公开可能会导致国家利益或特定主体合法权益受损,因此,在公开政府信息的同时,有必要辅之以保密原则。以＂公开为原则,不公开为例外＂体现着政府信息公开制度的立法精神和基本价值,是政府信息公开制度的基本原则。     

反垄断法宽恕制度的理论基础与实效保障

发源于美国反垄断法之宽恕制度,具有明显的依赖性、契约性和威慑性特征。由于该制度在反垄断执法中对于及时发现和查处秘密卡特尔发挥了重要作用,因此,被许多国家和地区反垄断法所参照,成为推动反垄断法有效实施的重要工具之一。坚实的经济学基础和法理学基础,是该制度合理性的依据所在,也是其功效得以发挥的重要基础;具体的适用条件、严厉的处罚措施、确定的减免待遇和诚实信用原则的遵守是其效力得以实现的重要保障。我国《反垄断法》虽然也引进了宽恕制度,但未设计具体有效的实效保障措施,应借鉴其他国家和地区的经验予以完善。     

论食品安全监管的制度创新

我国《食品安全法》在食品安全监管方面有若干制度创新,目前监管合作比监管分工更具挑战性与艰巨性,因而应废除各类商品免检制度。政府官员的问责机制不能取代国家对受害消费者的赔偿责任。食品安全监管部门应树立发展与规范并重、公平与效率兼顾、监管与服务相统一、监管与维权的理念。     

The role of the Asia Pacific Partnership in discursive contestation of the international climate regime

After withdrawing from the Kyoto Protocol, the US Bush Administration and the Australian Howard Government pursued an international climate change policy focussed on voluntary international agreements outside the UN climate negotiations. This strategy included the formation of several climate agreements directed at technology development, including the 2005 Asia Pacific Partnership on Clean Development and Climate (APP). The APP provides a model for international climate change policy directed at voluntary national greenhouse gas intensity targets, technology development through sectoral public–private partnerships and technology diffusion through trade. This article situates the APP within these US and Australian inspired climate agreements formed outside the UN negotiations. Bäckstrand and Lövbrand’s (in M. Pettenger (ed.) The social construction of climate change: power knowledge norms discourses, 2007) discourse analysis in relation to the international climate negotiations is used to explore differences between the APP and UN climate treaties. We find the APP embodies a discourse of what we call ‘deregulatory ecological modernisation’ that promotes limited public funding to ease informational failures in markets for cleaner technologies and management practices. The deregulatory ecological modernisation discourse is a deeply intensive market liberal approach to international climate change policy, which contests binding emission reduction targets and the development of a global carbon market. The USA, Australia, Japan and Canada represented a core group of countries that used the APP to promote the deregulatory ecological modernisation discourse and thereby contest any deepening of developed nations' emission reduction targets for the post-2012 period. However, with changes of leadership and new parties in power in the USA and Australia, it appears that the deregulatory ecological modernisation discourse has lost ground compared to a reengagement with discourses supportive of developed country emission reduction targets and equity-based adaptation and technology transfer assistance for developing nations.     

Political repression in a sub-national hybrid regime: the PRC’s governing strategies in Hong Kong

Existing literature has long recognised that the Beijing government has utilised different strategies to suppress the opposition in Hong Kong. However, with the rise of localism against the Chinese government, the implications of such political repression require new exploration and insight. This article adopts Hale’s analytical framework on political repression and argues that the Beijing government can comparatively tolerate an opposition fighting for democratisation, but the localists who advocate self-determination or separatism are harshly condemned and suppressed. In Beijing’s approach, this ‘red line’ was adopted to place national security, territory integration and sovereignty as the top considerations. Theoretically, this paper contributes to distinguishing between two types of opposition groups within sub-national hybrid regimes and analyzes different responses from the sovereign state. Empirically, the case of Hong Kong will help enrich the existing literature by comparing Beijing’s strategies of repression in regard to the democratic opposition and localists.     

Learning to live with irregular migration: towards a more ambitious debate on the politics of ‘the problem’

What might be gained by learning to live with ‘the problem’ of irregular migration, rather than attempting to solve it? This article engages two senses of ‘the problem’ at stake: first, the ongoing nature of displacement and migration and second, the contested justice claims that sit behind different policy perspectives. The second sense of the problem (its political dimension) is rarely addressed explicitly in public debate. Yet direct engagement with the political dimension offers the potential to unlock debate from a polarised impasse. To make this argument, I first diagnose debate on irregular migration in terms of three archetypal positions and examine their implicit justice claims. I then argue for a more ambitious debate that pushes contending justice claims to their logical extensions. Debate of this kind requires a more coherent defence of justice claims, whether they are based in communitarian, cosmopolitan, anti-capitalist or hybrid values with respect to citizenship and political community. The article concludes with an illustration of how this approach can generate momentum for less circular, more sustainable and politically achievable policy responses. The argument is made with reference to illustrative examples from Australia and Europe but holds for a variety of contexts where ‘the problem’ is framed in similar ways.     

Climate Adaptation in Canada: Governing a Complex Policy Regime

Climate adaptation is a complex policy area, in which knowledge, authority, and resources are fragmented among numerous public agencies, multiple levels of government, and a wide range of nongovernmental actors. Mobilizing and coordinating disparate public and private efforts is a key challenge in this policy domain, and this has focused research attention on the governance of adaptation, including the dynamics of interaction among interests and the institutions that facilitate collective action. This paper contributes to the study of adaptation governance by adopting the policy regimes perspective, an analytical framework designed to make sense of the loose governing arrangements surrounding complex, fragmented problems. The perspective's constructs are applied to a longitudinal case study of adaptation governance in Canada, which identifies, analyzes, and evaluates the policy ideas, institutions, and interests that comprise Canada's adaptation policy regime.     

Repression and Terrorism: A Cross-National Empirical Analysis of Types of Repression and Domestic Terrorism

While some scholars have theorized that repression reduces terrorism because it raises the costs of participating in terrorist activity by dissidents, others argue that repression stimulates terrorism by either closing off nonviolent avenues for expressing dissent or by provoking or sharpening grievances within a population. This study investigates these contradictory sets of expectations by considering whether or not different specific types of repression yield different effects on patterns of terrorism in 149 countries for the period 1981 to 2006. By assessing the impact of nine specific types of repression on domestic terrorism, the study produces some interesting findings: while, as expected, forms of repression that close off nonviolent avenues of dissent and boost group grievances increase the amount of domestic terrorism a country faces, types of repression that raise the costs of terrorist activity have no discernible suppressing effect on terrorism.     

In-between liberal authoritarianism and electoral authoritarianism: Hong Kong’s democratization under Chinese sovereignty, 1997–2016

On the eve of the twentieth anniversary of the handover, Hong Kong’s transition towards a full democracy remains unsettled. Drawing upon the contemporary theories of hybrid regimes, this article argues that manipulations adopted by electoral authoritarian governments have become increasingly common in Hong Kong today. As Hong Kong’s elections, opposition activities, and media have been increasingly put under electoral authoritarian-style manipulations, the city-state is now situated in the “political grey zone” in-between liberal authoritarianism and electoral authoritarianism and its transition into a full democracy remains nowhere in sight. The case study of Hong Kong will help enrich the existing comparative literature on hybrid regimes by developing a new “in-between category” and offering an interesting case of democratization of sub-national polity.     

Contemporary Russian nationalisms: the state,nationalist movements,and the shared space in between

For several years, various nationalist groups and the Russian state have been competing over nationalism as a political concept and for popular support to nationalist claims. This paper analyzes the relationship between the state and anti-government, ethnocentric nationalistic groups that gather annually in an event called “the Russian March.” Emphasis is on the change in that relationship that happened in 2014, when the state added efforts to channel and mobilize the nationalists to its previous repressive and controlling measures. The article conceptualizes the competition over the nationalist argument in contemporary Russia as a case of dissentful and consentful contention in hybrid regimes, and shows how the dissentful nationalists have been forced to make way for the more consentful ones. Until recently, the room for maneuver for the radical nationalists was relatively wide. The events in Ukraine, however, divided the nationalists, and since 2014 radical nationalists have faced increased state repression. At the same time, pro-government nationalist actors have strengthened, and new players have appeared in the field. These developments tell us not only about the Kremlin’s diminished tolerance for dissentful contention, but also about the importance of the nationalist argument in Russian politics today.