ECJ倡议的内在缺陷及国际投资法体系的变革方向

从发展中国家和发达国家的角度来看,ECJ都是一种有瑕疵的建议.它的缺点对于发展中国家来说尤为严重,因为它从根本的角度忽略了发展的层面.发展中国家运用现有的双边协定比接受ECJ的多边协定更加适当.虽然现有的乌拉圭FDI体制相比于ECJ更加恰当,但是从发展的角度讲,前者有着重大缺陷,国际社会应当对此缺陷给予即时关注并采取补救措施.     

Compartmentalized ideology and nation-building in non-democratic states

What are the mechanisms of legitimation in non-democratic and linguistically divided states? How do regimes in these states use and manipulate the ideology and nation-building for the purposes of regime legitimation? The article focuses on the concept of compartmentalized ideology in non-democratic regimes with substantial divisions in the so-called titular and minority group where socio-linguistic divide allows regimes to construct diverse audiences and even political communities with their own distinct narratives and discourses about the nation, state and the regime. The compartmentalized ideology is only sustainable under the conditions of the regime's power to control and facilitate these discourses through the system of authoritative presidential addresses to the nation and/or other forms of regime's communication with the polity. The shifting of these discourses and themes contribute to the regime stability but also may constitute its re-legitimation.     

建国前夕刘少奇对新中国政权建设的重大贡献

中国共产党在新中国成立前后的政权建设方面,有两大历史创建：建立了人民代表大会制度,成立了中央人民政府的雏形──华北人民政府。当时先后担任中共中央工委书记和华北局书记的刘少奇,直接指导了华北临时人民代表大会的召开工作;并创造性地提出和直接领导了华北人民政府的成立,为新中国国家机构和政府体制的建立打下了坚实基础。     

中国法治政体的始创辛亥政治革命的法治论剖析与省思

法治政体理论在根本上把法治理解为,只有立宪政体才会要求并实现法律统治的一个政体问题。建立民主立宪的法治政体是辛亥政治革命的目标。为达成这一目标,民国初年的《临时约法》等法律初步构建了中华民国法治政体的雏形,但这一政体也陷入多重困厄之中。孙中山等人对这一政体及其困厄进行了富有价值的探索与反思。从法治政体理论及民初缔造法治政体的实践出发,可以对治法型法治的思想观念进行比较性的检视。     

离职竞业限制违约金问题探究

目前,很多离职竞业限制合同没有约定给付劳动者补偿金,却约定了劳动者违反竞业限制义务时应承担的违约金责任,对于这样的违约金条款是否具有法律约束力存在激烈的意见分歧。我国现行立法对此未做明确的规定,一些地方为便于执法则做出了各自不同的规定,导致司法实践中的法律裁决也存在巨大的差异。从合同权利的性质、当事人的法律地位以及法律维护合同实质公平的角度来看,离职竞业限制合同应当无效,违约金责任也不具有法律效力。在现实经济活动中,已约定补偿金的离职竞业限制合同,几乎同时也约定了劳动者违反竞业限制义务时的违约金责任,一些合同在给予劳动者较低的补偿金的同时,却要求劳动者违约时须承担巨额的违约金。如此一来,该违约金应如何处理就成了这类案件争议的焦点。对此,应在立法上弥补相应的缺失,明确规定无补偿金条款时该离职竞业限制合同无效,则违约金条款也无须履行;对于已约定补偿金的,也应提出补偿金数额方面的强制性要求,并明确违约金可调整的样态。     

秘密侦查手段在经济犯罪侦控中的运用

新刑事诉讼法明确了秘密侦查措施的合法身份,这对侦查活动来说,既是机遇也是挑战。经济犯罪案件的隐蔽性、复杂性特征决定了在其预防控制阶段及侦查过程中使用秘密侦查手段,均具有理论依据及合法性基础。在把秘密侦查手段具体应用于经济犯罪的预防与侦查过程中,要结合经济犯罪案件自身的特点,同时应当严格遵照法律的规制。     

Democracy's Effect on Terrorist Organizations: Regime Type and Armed Group Behavior in Chile

How does democracy influence terrorism? The regime-responsive school argues that lack of representation in autocracies motivates violence; the regime-permissive school posits that individual liberty in democracies allows it. The schools thus disagree about the democratic feature to which violence responds—representation or individual liberty. These arguments are problematic in two ways. First, neither accounts for the potentially competing effects of different democratic features. Second, treating terrorism as a set response to operating context ignores the operational processes behind violence, described in organizational theories of terrorism. This article develops a bridge between the regime-responsive and regime-permissive schools by applying organizational theories of terrorism to their key arguments. I argue that representation and individual liberty have independent, and sometimes competing, effects on armed groups' missions, hierarchies, and membership—collectively organizational capacity, the ability to survive and influence the environment. This explains the mixed effects of democracy on terrorism: both high-functioning democracy and repressive autocracy weaken organizational capacity, but decreased representation in a democracy or higher individual liberty in an autocracy removes organizational stresses. New research on Chile between 1965 and 1995—representing five government periods, with four armed groups operating—acts as an initial test of these relationships.     

‘Big Men’ Rule: Presidential Power,Regime Type and Democracy in 30 African Countries

This article provides a systematic overview of the institutional basis of presidential power in 30 sub-Saharan African countries, using a broad comparative scheme to assess presidential power developed by Siaroff (2003). The dual purpose is, first, to compare the power of African presidents to patterns found by Siaroff for countries worldwide, looking particularly at the relation between regime type and presidential power; and second, to make a preliminary analysis of the political consequences of high levels of presidential power in the light of earlier theoretical claims associating it with regime problems such as democratic breakdown.

The article's comparative framework illustrates the high levels of institutional power of presidents in 30 African countries. As argued by Siaroff, regime type tells us little about presidential power; in these African cases, semi-presidential systems score even higher than presidential systems. One ‘parliamentary’ system also shows a high degree of presidential power. Moreover, there is very little difference in presidential power between democracies and non-democracies, and ‘minimal’ electoral democracies score higher on average than non-democracies and liberal democracies.

Examination of the consequences of high levels of presidential power also shows that more than a quarter (28.6 per cent) of such regimes experienced a democratic breakdown, although this is not a statistically significant level. A weak correlation is found between presidential power and freedom and democracy ratings, again not at a statistically significant level, while correlations with governance ratings are strong and statistically significant. A repeated measures test, however, does show a statistically significant relation with freedom and democracy. Although more research is needed, including a larger N and more variation in the independent variable, the evidence supports intuitive knowledge: a high degree of presidential power bodes ill for democracy and good governance in Africa.     

Party systems in Latin America: institutionalization,decay, and collapse,edited by Scott Mainwaring

Although coming of age under a totalitarian regime drastically reduces the chances of acquiring democratic values or supporting democracy, factors other than the formal nature of the political regime shape political values as well. The informal structure of the political regime, which consists of rules developed in political practice and economic and human development, may shape individual values and attitudes and produce different attitudes towards democracy in different totalitarian regimes. This article focuses on the effect of early socialization on the support for democracy among citizens who have been ruled under two different non-democratic regimes. We compare the dynamics in Spain and Romania during the post-totalitarian period with the aim of identifying how coming of age operated in these two different totalitarian regimes and how each type of non-democratic regime affected the legitimacy of the new democratic rule. Using survey data from various sources (Standard Eurobarometer, Central and Eastern Eurobarometer and Candidate Countries Eurobarometer) that allow both longitudinal and cross-sectional comparisons, we decompose the social change in support for democracy over the post-totalitarian period in both countries using cross-classified fixed effects models. The analyses demonstrate the different effects of socialization on support for democracy in these two different totalitarian contexts.     

Internationalized regimes: a second dimension of regime hybridity

Traditional approaches have conceptualized political regimes almost exclusively with reference to domestic-level political factors. However, many current and historical political regimes have entailed a major role for international actors, and in some cases the external influence has been so great that regimes have become internationalized. This article explores the concept of ‘internationalized regimes’ and argues that they should be seen as a distinct form of hybrid regime type that demonstrates a distinct dimension of hybridity. Until now, regime hybridity has been conceived along a single dimension of domestic politics: the level of competitiveness. Yet, some regimes are characterized by a different type of hybridity, in which domestic and international authority are found together within a single political system. The article explores the dynamics of internationalized regimes within three settings, those of international occupation, international administration and informal empire.