分界·分层·分流·分类——我国民事诉讼制度转型的基本思路

我国民事诉讼制度改革的基本目标和总体方向仍然应当是司法现代化和司法专业化,完成从“前现代”向“现代化”的转型。然而,这种转型不是采取任何单一的价值取向或矫枉过正措施,而是要以社会分工的专业化程度为标志实现社会进化,通过精密的分流装置,体现权限分界、职能分层、案件分流、程序分类的基本思路,从而在价值冲突中系统地重构我国现代化的民事诉讼程序。     

香港立法会选举中的选区划分与席位分配的内在矛盾

有关香港立法会选举的各种讨论,都需要首先解决选区划分和席位分配问题,但是前期的讨论鲜有理论支持。结合数学研究的结论及美国和欧盟的经历可以发现,在解决选区划分和席位分配的矛盾方面已经形成了一套基本原理。香港立法会选举在选区划分和席位分配方面的独特经历在于,本来有利于大选区的席位分配方式,结果反而不利于大选区。其背后的主要矛盾是没有处理好席位分配公式、人口变动趋势、席位上下限和偏差大小之间的关系。     

华人政治地位与马来西亚的政治分层

本文通过分析马来西亚华马两族执政党的不同地位、政府公共职位的族群分配比例以及选区划分的族群利益倾向,探讨马来西亚族群政治分层以及族群在政治领域存在的结构性差异.结果表明,华人明显处于政治弱势,在族群权益博弈中的地位由此大为削弱.     

The relative electoral impact of central party co-ordination and size of party membership at constituency level

Over the past decade, clear evidence has been produced showing that effective constituency campaigning in British general elections can lead to better electoral performance. This evidence has challenged the received wisdom that only national campaigning is significant and that efforts at local level are meaningless rituals. Denver et al. have focused on the role of the national parties in strengthening local campaigns in target seats; Seyd and Whiteley, by contrast, have stressed the importance of local party membership. This article attempts to assess the relative electoral impact of national party co-ordination and constituency party membership and suggests that the impact of these two factors varies by party.     

新加坡集选区制度初探

集选区制度是新加坡国会大选的独创。1988年新加坡国会大选实行集选区制度与单选区制度并行,这对新加坡整个政治生态产生了重大影响。国内新加坡研究涉及集选区制度的著述甚少,基本未对集选区制度予以系统阐述与分析。本文比较全面地介绍新加坡集选区制度的产生与实践的过程,并围绕新加坡集选区制度的核心争议,即代表性问题和程序公正性问题进行分析。本文认为反对党虽有突破,但选举程序设计对反对党仍然是极大的障碍,由于目前反对党积极性迅速提高,使人民行动党面临极大挑战,因此自主革新的可能性是存在的。     

What They Do Does Matter: Incumbent Resource Allocations and the Individual House Vote

It is reasonable to presume that House incumbents through their behaviors and resource allocations (e.g., trips home, staff, etc.) are responsible for their electoral success. The empirical case for the resource allocation hypothesis, however, rests primarily upon the support of a few experimental design studies. The remainder of the evidence from 25 years of tests of this hypothesis, at the district and individual-levels, is littered with null findings. Scholars suggest two methodological obstructions hinder alternative hypothesis findings: simultaneity bias (in district and individual-level studies), and restricted variance on the allocation measures (in individual-level studies). In this investigation I apply methodological remedies for these hindrances-nonrecursive analyses on a pooled (1960–1976) NES elections data set. I uncover the strongest evidence yet that incumbents benefit electorally from their resource allocations (here: bills sponsored and cosponsored, staff, and district offices). In addition to this main result, I also discuss the influence generational replacement has on resource allocations and the vote.

District magnitude and the personal vote

In spite of widespread interest in the effects of electoral institutions, research has largely missed, or misspecified, the ‘theoretical link’ tying legislators' behaviour to the rules' formal properties. District magnitude, in particular, can operate through the number of candidates running under the same party label and the number of votes required to win (re)election. Using data from the PARTIREP cross-national legislator survey in 15 European democracies, the article demonstrates that district magnitude is a proxy of different processes in closed-list and open-list systems. The findings contribute to a better understanding of how the mechanical effects of electoral institutions translate into incentives on the part of legislators to cultivate a personal reputation.     

边界移位与价值重构：关于西方公共部门改革的思考

越来越多的治理模式被引入西方国家公共部门改革之中,这使得政治与行政、公共与私人、国际与国内之间的边界发生移位,从而增加了公共部门的不确定性。寻找合适的关于新公共部门原则与价值的公共话语,已成为当务之急。     

Edgy Amity along the Mekong: Thai-Lao Relations in a Transforming Regional Equilibrium

Abstract

In 1994, the opening of the Friendship Bridge commenced an apparent thawing of ties between Thailand and Lao People's Democratic Republic (PDR). Out of deep socio-historical antagonisms and Cold War acrimony, the two countries seemed suited now for amity. But amity has continued to be edgy. Meanwhile, other countries in the region—China and Vietnam—vie for influence with Thailand over Lao. Amidst a rapidly integrating Mekong market and changing regional equilibrium, this study seeks answers to the following questions: What are the most significant Thai-Lao state security interests and how do they mesh with human security—especially in relation to economic interests? Why do Thailand and Lao currently appear to be highlighting economic ties to the detriment of military preparedness and human security? How is the shifting equilibrium in the Mekong Region shaping the future of Thai-Lao relations? The study hypothesizes that despite tensions, in an age of enhanced state-market linkages, Thailand and Lao prioritize economic collaboration over military and human security considerations.     

Singapore Beyond Ethnicity: Rethinking the Group Representative Constituency Scheme

Abstract

The resounding victory of the People’s Action Party (PAP) in the 2015 Singapore general elections surprised many observers. Several observers had considered the previous election, held in 2011, to be the new normal in Singapore politics, with the Workers’ Party being the first opposition party to win a Group Representative Constituency (GRC). Instead of its popular vote sliding from 60% in 2011, the PAP secured almost a 10% increase in its fortunes. Analysts have spoken about PAP’s hard work and the opposition’s failures when commenting on the ruling party’s success; this article, however, points out how Singapore’s electoral system, especially the GRC, continues to favour the ruling party and why it should be rethought. Introduced in 1988, the scheme ensures minority candidates (non-Chinese) are voted into parliament. Candidates contesting in a GRC form a team of Members of Parliament (MPs) with at least one minority candidate in each team. This article argues that the 2015 election results proves that Singaporeans no longer vote along ethnic lines, and non-Chinese MPs have comfortably led the GRCs and won in Single Member Constituencies. To be sure, the GRC scheme does new PAP candidates a disfavour: it weakens their legitimacy with voters, since they remain under the shadows of senior PAP candidates and cannot win elections on their own accord.