对大学生理性爱国的思考

青年大学生具有满腔的爱国主义热情,真正的爱国主义热情需要有理性的表达方式,我们应积极引导大学生在社会实践和人生道路上树立科学理性的爱国主义精神。     

宪法与弱势群体的权利保障

宪法与人权密不可分,保障人权是宪法的根本价值追求。当代宪法在关注自由的同时,越来越关注平等,关注平等就是关注社会的弱势群体。当前,我国弱势群体的权利保障出现了前所未有的新问题。按照我国宪法"国家尊重和保障人权"的基本原则和精神,构建和发展我国保障弱势群体权利的法律制度,对于建设和谐社会具有极其重要的现实意义。     

行政类事业单位改革路径初探

新一轮事业单位改革中,行政类事业单位面临"不得突破政府机构限额和编制总额",即在"两个不突破"的约束性条件下,实现"行政职能回归"的艰巨挑战。但是,在"两个不突破"的约束性条件下,行政类事业单位不能完全实现"行政职能回归";即使放宽"两个不突破"的约束性条件,某些法律、法规授权或者法律、法规委托的行政类事业单位,也不能以行政机构的方式回归。行政类事业单位既然长期存在,又符合"分散化公共治理"的趋势,不如重新界定事业单位,在事业单位法人类型下涵盖行政类事业单位,通过法定机构或执行机构的方式改革行政类事业单位,实现政府决策职能和执行职能的相对分离与相互制约,是行政类事业单位改革一个值得考虑的路径。     

THE LOGICAL LIMITS OF BEST PRACTICE ADMINISTRATIVE SOLUTIONS IN DEVELOPING COUNTRIES

Developing countries are pressured to adopt administrative solutions that the international community considers best practice. Some claim that these practices do not fit such contexts. How could one assess the fit or relevance of a best practice? This article suggests a basic answer: Look at the degree of difference between the proposed adoption context and the context in which such practice emerged as ‘best’. This answer emerges from a discussion on the basis of the new institutional ideas about change and diffusion. An empirical analysis of public financial management reform in African countries suggests support for this answer: Good practices are most evident in countries least different to the developed nations where practices originated and least evident in countries most different to these developed nations. The article contributes to a literature on best practice and yields fundamental messages for development, including the point that best practices are limited as administrative solutions in many developing countries. Copyright © 2011 John Wiley & Sons, Ltd.     

Institutional Foundations of Legislative Turnover: A Comparative Analysis of the Swiss Cantons

Abstract: The rate of turnover within parliaments remains an understudied area of research. The present paper contributes to filling this gap by presenting the first comparable macro‐level data on legislative turnover in the 26 Swiss cantonal legislatures. In examining the strikingly different levels of turnover in sub‐national Swiss parliaments between 1993 and 2011, the focus is on politico‐institutional features. Multilevel models reveal that two hitherto neglected institutional variables are correlated with legislative turnover. In addition to the reduction of parliamentary size, we find the strength of a cantonal parliament to affect turnover rates on the Swiss sub‐national level. Moreover, we show that proportional representation significantly promotes parliamentary elite circulation. Among the non‐institutional covariates, we find that electoral volatility is also relevant in explaining legislative turnover rates.     

检察机关内设机构设置改革问题研究

检察机关内设机构,近十多年来一直是检察改革的研究热点。研究内设机构改革,应从归纳设置现状,分析其存在的问题入手,评析当下各种改革方案之优劣,通过探讨检察职权在检察机关内部的二次分解,研究设置应当遵循的六个原则。借鉴域外法治经验,按照内设机构设置三分模式改革,对于领导决策机构,重点是完善检察委员会的决策机制;对于综合管理机构,建议参考国家行政机关大部制改革模式,大幅压缩机构数量;对于业务办理机构,根据检察权分解,科学界定部门权限,按照诉讼规律适度整合职能,精简机构。     

Criminalizing human trafficking in Latvia: the evolution and implications of human trafficking policies

This article explores the development and evolution of human trafficking policies in Latvia and the measurable outcomes of these policies. An analysis of policy development revealed that Latvia has three different types of human trafficking policy: criminalization statutes, national action programs, and victim service provisions. These policies have produced outcomes such as criminal cases against traffickers, rehabilitation services for victims, and the formation of anti-trafficking institutions. The results revealed direct causal links between human trafficking policies and anti-trafficking institutions are evident with the National Coordinator and social services for victims. Indirect causation is also present with specialized police and prosecutor units and anti-trafficking institutional policy development by the anti-trafficking working group.     

Does the economy really matter for satisfaction with democracy? Longitudinal and cross-country evidence from the European Union

Research focusing on the relationship between the economy and satisfaction with democracy often presents mixed results. This article argues that this uncertainty is mainly due to model specification, number of surveys and measurement. After discussing why the role of the economy should not be overlooked, by using an empirical strategy that applies Bayesian cross-classified mixed models to 572 national surveys in 28 European countries from 1973 to 2013 drawn from the Eurobarometer, it is shown that objective macro-economic indicators and a subjective indicator seem to substantially affect citizens’ satisfaction with democracy in Europe. The findings are robust when controlling for various institutional and political variables and using alternative model specifications.     

Reforming sacred institutions: the Communist Party of the Soviet Union and the Roman Catholic Church compared

The Communist Party of the Soviet Union and the Roman Catholic Church (RCC) are both conceptualized as sacred institutions, with many features of ideology/theology, hierocratic structure, and policy process in common. After periods of exclusion, they both also faced strong pressures to adapt to changes in the modern world, both internal and external, and to reduce status differentiation within the hierarchy and between the clergy/apparatchiki hierarchy and the laity/population. The present article compares and contrasts de-Stalinization under Khrushchev (1956–1964) with the results of Vatican II (1959–1965), and Gorbachev’s reforms (1985–1991) with the efforts of Pope Francis to reform the RCC (2013–present). The comparisons validate the explanatory power of the noted similarities between these sacred institutions, while also highlighting significant differences in structure, mission, and process, which explain why Pope Francis has adopted an incremental strategy for reform of the RCC, in contrast to Gorbachev’s revolutionary strategy for reforming the CPSU.