宪政体制与权力的边界——贡斯当的自由主义思想研究

作为法国近代自由主义的代表性人物 ,贡斯当一直在思考如何能从体制上确立起维护人民权利的政治制度 ,确保人民的自由。在对历史与现实的不断反思中 ,贡斯当坚信 ,任何政治权力都必须受到限制 ,阻止其肆意的扩张 ,只有当我们在体制上确立起宪政制度 ,划定出权力的边界 ,并得到切实的保障之后 ,我们才能享有权利 ,获得自由     

公民政治:宪政的主要实践形式

宪政的主要实现形式是公民政治。迄今人类社会经历并继续存在三种主要的政治形态:臣民政治、人民政治和公民(市民)政治,但发展趋势是公民政治。哪个民族、哪个国家率先实现了向公民政治的转变,它就可能率先实现人的全面发展及其价值。作为以人为本的公民政治,它所蕴涵的民主和法治精神既需要宪政作保障,也是宪政生成、发展和成熟所不可或缺的基础。中国要建设社会主义宪政,就必须吸收和借鉴古今公民政治的文明成果,逐步建设有中国特色的公民政治。     

Strategic Government Spending in South Korea and Taiwan: Lessons for Emergent Democracies*

Objectives. How is government spending used strategically in South Korea and Taiwan? As nations generally considered to have weathered democratization, government allocations in South Korea and Taiwan are instructive on how spending may be used strategically without undermining democratization. Methods. The similar sociocultural, historical, political, and economic experiences of the two nations underlie a most‐similar‐systems approach to study how their differences influence diversity in strategic spending and, correspondingly, political outcomes such as size of the government party in the legislature. This article evaluates defense and civilian expenditures for South Korea and Taiwan from 1975 to 2006. Results. Three results are interesting. First, different elections—legislative elections in South Korea, presidential elections in Taiwan—lead to increases in spending. Second, in both nations, defense spending increases in election years but not social spending; however, defense spending benefits the government‐party in the legislature in South Korea but not in Taiwan. Third, when the strategic uses of spending are accounted for, democratization does not directly affect allocations. Conclusions. These results explicate that government spending is a viable resource for party building in new democracies; however, the results also underscore that governing parties in new democracies benefit from spending only insofar as it is used to build the nation's or party's strengths—not undermine the opposition—under competitive elections.     

宪政视角下的公民基本权利

公民基本权利是社会成员的个体自主和自由在法律上的反映,是对于公民不可缺乏不可取代的母体性权利。对基本权利的保障是宪法精神的终结所在,也是宪政的核心价值。我国现行宪法对公民的基本权利作了列举性的规定,修正案将“尊重和保护人权”“公民合法私有财产不受侵犯”载入宪法则表达了对公民基本权利保障的关注。但由于我国宪法运行机制缺陷,造成了对宪政实现的阻碍。面对我国的现实情况,维护公民的基本权利应成为当代中国宪政的起点,作为一种途径和手段,基本权利诉讼是中国宪政实现的必由之路。     

清末宪政改革与清政府权威资源的流失

政治权威资源包括政治权威的合法性、政治权威的政治整合能力和政治权威的自身素质三个主要方面。清末宪政改革的目的是想通过改革以挽回因内外危机的挑战而不断流失的权威资源,但囿于自身的素质,没有能实现对社会的有效整合,从而使其权威的合法性不断流失。     

Biology,Social Environment,and Health: How Family History and Social Conditions Affect Adult Asthma*

Objective. We examine how multiple measures of both biological (family history of asthma) and social risk factors (home environment quality, socioeconomic status, and demographic characteristics) influence asthma risk among U.S. adults. Method. Using logistic regression models, we analyze data from a sample of 6,337 adults from the 2003–2004 National Asthma Survey. Results. Prevalence rates of current asthma are four times higher among adults with a family history of asthma, and the odds of having asthma are influenced most strongly by having asthmatic parents or grandparents (and, to a lesser extent, asthmatic siblings). We also find that social factors, especially characteristics of the home environment, significantly increase the odds of suffering from asthma as an adult. Conclusion. Our results show that all measures of family history are strongly linked to adult asthma prevalence, even when social factors are controlled. Social factors are also important, but very little of this is as a mediating influence that links family history and adult asthma; rather, family and social conditions have mostly independent effects.     

深化地方政府机构改革的思考与建议

本轮政府机构改革已经调整到位,但是在政府部门职能、内部运作、信息技术支撑以及相关配套改革方面还有待进一步深化。要进一步梳理和优化机构职能,及时提高部门内部运作效能,充分发挥信息技术的支撑作用,协调推进各类配套改革。     

宪法解释学:作为宪法方法论的学问

宪法解释学与规范宪法学两种方法论,在实践面向、适用的场域、目的架构与本质上均存在着根本的差异,其根本原因在于它们属于不同的方法论,宪法解释学属于宪法方法论,规范宪法学属于宪法学方法论.宪法解释学方法论具有独断性,而规范宪法学方法论则必然具有开放性.或许一切问题的焦点皆在于两种方法论的对峙以及对问题实质的理解上.     

How Mood and Task Complexity Affect Children's Recognition of Others' Emotions

Previous studies examined how mood affects children's accuracy in matching emotional expressions and labels (label‐based tasks). This study was the first to assess how induced mood (positive, neutral, or negative) influenced five‐ to eight‐year‐olds' accuracy and reaction time using both context‐based tasks, which required inferring a character's emotion from a vignette, and label‐based tasks. Both tasks required choosing one of four facial expressions to respond. Children responded more accurately to label‐based questions relative to context‐based questions at the age of five to seven, but showed no differences at the age of eight, and when the emotional expression being identified was happiness, sadness, or surprise, but not disgust. For the context‐based questions, children were more accurate at inferring sad and disgusted emotions compared with happy and surprised emotions. Induced positive mood facilitated five‐year‐olds' processing (decreased reaction time) in both tasks compared with induced negative and neutral moods. Results demonstrate how task type and children's mood influence children's emotion processing at different ages.     

Institutions and the gender wage gap: How production and welfare regime moderates the effect of family policy

The aim of this study was to determine whether the effects of work and family reconciliation policy on the gender wage gap are moderated by institutional contexts of production and welfare regime. Using time‐series analysis for 13 countries from 1981 to 2015, the study revealed a strong association between childcare and a lower gender wage gap in the Coordinated Market Economies (CMEs)/social democratic welfare states but not in Liberal Market Economies (LMEs)/liberal welfare states. The study also found that the impact of leave generosity on the gender wage gap in CMEs/social democratic welfare states is less salient than in CMEs/continental welfare states. This study highlights the extent to which family policy affects the gender wage gap hinges on how each country organises its market coordination and welfare institutions and pushes the current literature forward to a question of ‘what kinds of’ family policy matters in ‘which’ production and welfare regimes.     

How Information and Communication Technology Promote the Building of Clean Government: A Case Study of Two Local Clean Government Reforms in China

In recent years, many studies have begun to explore the role of information and communication technology (ICT) in promoting clean government, pointing out that it will make government more honest. However, existing research pays more attention to the correlation between the two factors, and few studies analyze in depth and in detail what the key ICT mechanism is that promotes the construction of clean government. Our case study of two innovative local clean government reforms in China has found that the key mechanism is improving the availability of information. Specifically, the reforms included two interrelated mechanisms: reducing the information asymmetry between vertical levels of government and bridging information barriers between government departments at the horizontal level.     

正义与和谐:宪法的价值基础

美国宪法将正义的理念冠于宪法之首,中国古代法文化以"和谐"为追求境界."正义"与"和谐"构成了现代立宪国家宪法的价值基础.宪法的价值的实现,景根本的是在立宪阶段构建起完整的正义观与大和谐观,然后在行宪和司完过程中实现正义,从而有力地推进政治国家与公民社会的和谐、国际和谐以及人与自然的和谐.宪法的现代性的实质是在对东、西方的法文化进行辩证否定,并在整合正义与和谐这两种价值的基础上,实现宪法的理性化和道德化.     

Moving Beyond Tokenism: Ratification of the Equal Rights Amendment and the Election of Women to State Legislatures*

Objective. State legislative bodies that contain more than a token level (15 percent) of female representatives provide these lawmakers with a greater sense of self‐efficacy and opportunities for wider policy influence than those where women number under 15 percent. The objective of this study is to determine the set of factors that carry states across this critical threshold, with a particular emphasis on the political mobilization effects of the Equal Rights Amendment (ERA) ratification drive. Method. This study used event‐history analysis methods on state‐level data collected from 1972–2000. Results. I find that states that ratified the ERA, but not states that ratified only later to rescind, had a higher likelihood of crossing this token threshold as compared with states that never ratified at all. These results obtain even after controlling for the social eligibility pool of female candidates, the political opportunity structure, the social context of each state, and preexisting levels of female representation. Conclusions. The ERA ratification campaign during the 1970s and early 1980s created long‐lasting, state‐level effects in electing women through its role as a political education tool as well as through its symbolic power.     

宪法财产权与纳税人权利保障的宪政维度

宪法财产权是指公民创造的全部财产不受任何侵犯的自然法权,它由公法上的纳税人权利与民法上的私有财产权两个部分组成。依照与国家之间在先的契约原则,公民须向国家交纳自己创造的一部分财产作为国家赋税,并由此成为纳税人;宪法赋予国家与公民之间对于公民创造的全部财产的分割程序与原则,公民由此享有对国家赋税征收列支等经济政治社会诸事务的广泛参与权,这种由公民财产分割程序与原则延伸出来的政治参与权就是纳税人权利。保障宪法财产权基础上的纳税人权利,是宪政治理逻辑与历史的双重起点。     

Institutions as dispositions: Searle,Smith and the metaphysics of blind chess

This paper addresses the question what the fundamental nature and mode of being of institutional reality is. Besides the recent debate with Tony Lawson, Barry Smith is also one of the relatively few authors to have explicitly challenged John Searle's social ontology on this metaphysical question, with Smith's realism requirement for institutions conflicting with Searle's requirement of a one‐world naturalism. This paper proposes that an account of institutions as powers or dispositions is not only congenial to Searle's general account, but can also satisfy both the realism and the one world requirements. Searle's worry that such a dispositional account is unable to account for the deontic nature of institutions is countered by an appeal to higher‐order powers as well as Searle's notion of the gap and desire‐independent reasons for action.     

The State and its Welfare State: How do Welfare State Changes Affect the Make‐up of the Nation State?

With respect to changes in the welfare states of OECD countries, scholars most of the time are looking for common trends; that is, they look for similar movements in different states, such as welfare state retrenchment, recalibration, etc. As we show in this article, data on welfare state spending and financing do not, however, support such stark tendencies like retrenchment. We therefore suggest looking for corridor effects rather than level effects, i.e. analysing changes in the dispersion of welfare state regimes rather than shifts in the mean values. Our analysis suggests that convergence, i.e. decreasing diversity among states in spending, financing and regulation patterns, may have been the most important pattern of welfare state change in the last three decades – a pattern easily overlooked in past and current research. Convergence of welfare state regimes also affects our views on the modern nation state itself since the varieties of welfare capitalism in the twentieth century are themselves an expression of the sovereignty and autonomy of the nation state. If nation states are forced to surrender national particularities, to mellow their characteristic differences and to move incrementally towards a one‐size‐fits‐all common model via ‘shrinking corridors’, such a blurring of welfare regimes, such a beclouding of difference, should also be regarded as a significant change taking place in the centre of the Western nation state's make‐up.     

高校宣传思想工作如何提升实效性

高校宣传思想工作要通过树立大局意识、统筹意识、育人意识,实现工作方式由传统的宣传灌输为主向疏导渗透式转变、单一宣传方式向综合运用多种媒体和新型手段转变、面面俱到的宣传方法向打造精品工程转变,推进工作思路、工作内容、工作机制的创新,不断提升实效性,使之更好地为高等教育事业的发展和社会主义核心价值的构建做出积极的贡献。