独联体国家法院系统比较研究

在独联体国家中,政治体制不同的国家宪法文本中规定的内容则有很大的区别。对独联体国家中的政治体制不同的几个国家的法院系统在宪法文本规定层面上作一比较研究,通过对各国法院系统的结构、职权,法官的职责、权利、地位以及司法权和其他与司法相关的权利方面等方面进行的比较可发现这些比较研究对我国当今的司法制度有多方面的启示。     

基于生命周期理论的道路交通参与主体安全化研究

生命周期理论是研究生物主体行为的重要理论。道路交通参与主体如行人、机动和非机动车驾驶员和其他道路交通参与者,同样具有生命周期现象,其生命周期阶段表现出的交通安全特性各不相同,其对安全化对策选择也不同。因此,培养不同的道路参与主体安全意识和道路交通行为习惯是创造良好道路交通环境的主要途径。     

Confidence in an election authority and satisfaction with democracy: Evidence from a quasi-natural experiment of a failed election in Sweden

Contemporary research on electoral integrity has focused on the functioning, evaluation, and legitimacy of electoral processes in emerging democracies. By contrast, this study investigates whether a failed election in a well-established democracy can affect individuals' evaluations of the electoral management body, the Election Authority, and whether those evaluations affect satisfaction with democracy. Using the case of a Swedish regional election in 2010 that had to be rerun due to procedural mistakes in the vote handling, we found that, in the short term, individuals’ confidence in the Election Authority was reduced after it was announced that the election had to be rerun because of the mistakes. Subsequently, this decreased confidence was strongly associated with less satisfaction with democracy at the regional and national level. As good news for the authority, after a successful rerun election, confidence rebounded to the levels prior to the failed election.     

Robots,standards and the law: Rivalries between private standards and public policymaking for robot governance

This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.     

The Quango Conundrum

Quangos (or more accurately, arm's length bodies) are the subject of repeated culls by incoming governments, yet individually are seen as useful devices to reassure the public and give confidence in the performance of public functions. We argue that the confused landscape and poor governance has contributed to the view that, as a class, ALBs are inefficient and unaccountable. The government needs to take the opportunity of its review to rationalise the complex landscape of ALBs, and put governance on a more robust long‐term footing based on the degree of freedom an ALB needs to command public confidence.     

The Quango Conundrum Revisited—Why the Government Still Needs a More Coherent Approach to Arm's‐Length Bodies

There has been substantial reform of public bodies since the Coalition government was formed in 2010. But although numbers have been reduced, there has been no attempt to address the confused landscape—indeed, departments have interpreted criteria for what should be put at arm's length in different ways, introducing further complexity. A clearer link between function and form is needed. This would help address some of the blurred lines over accountability that we have seen in the recent rows over Ofsted and the Environment Agency.     

驰名商标司法认定的主体资格亟待完善

目前,我国驰名商标的认定实行行政认定与司法认定并行的双轨制。由于驰名商标司法认定制度才初步建立,在司法实践中存在不少问题。这些问题的存在导致很多企业对通过司法程序认定驰名商标趋之若鹜,并产生不良的社会效应。要解决这一问题,最主要的办法是完善驰名商标司法认定的主体资格。具体措施包括取消基层法院认定驰名商标的资格,实行驰名商标司法认定异地管辖制度,实行驰名商标司法认定“核准”制度。     

Local governments and their arm’s length bodies

ABSTRACT

In this paper, we discuss the state of the art on the creation of arm’s length bodies (ALBs) by local governments. We make three main contributions. First, there are many different types of ALBs and each country has its own categories; an expert survey was held identifying three common types of body, to enable future comparative research. Second, we point out that the creation of ALBs has led to a number of new challenges for local governments, particularly regarding governing bodies at arm’s length to ensure ALBs’ good performance. A lack of capacity and information have to be countered, for example, by increased monitoring – also for democratic accountability purposes. Special attention is needed for the multiple principal problem that arises when local governments jointly create ALBs. Third, research into local ALBs is still in its early stages. We present a research agenda to develop knowledge on the topic.     

Paradise Lost...: The Meaning of Modernity and the Antinomy of the Law

This essay argues for the centrality of the study of paradoxes of particularity and universality in the interface between law and politics in modernity. Particularly, in order to understand the process of constitution of a political collective and the role of supernumerary elements that re-enter a constituted legal-political system. After introducing the question of paradoxes or antinomies in the relation between law and politics in modernity, the essay engages with current understandings of exceptionalism and the possibility of a leftist or ‘real’ suspension of the law. In order to do so, this essay makes full use of certain theoretical tools developed in anthropological accounts of political and legal processes, and current French-oriented and Latin American political philosophy.