Machinery of Government in Small States: Issues,Challenges and Innovatory Capacity

Small states present particular challenges to designers of political and administrative systems, and far too often their governing patterns have been imposed by former colonial powers. There are nonetheless excellent examples of efforts to design systems which are appropriate to the needs of the small states themselves. This is explored in relation to the pattern of ministries and departments, the use of executive committees, the structure and size of legislatures, head of state/head of government arrangements, and a range of other machinery-of-government issues. Consideration also is given to factors which can be exploited to develop innovative capacity in small states, and some areas for further research are suggested.     

论高校党委领导权力质量评价的几个维度

高校办学质量的高低,并不取决于某个领导、某个老师和某个学生,而是取决于学校最高决策层,取决于高校党委领导权力运用质量。本文从六个维度探讨高校党委领导权力质量的评价,为提高高校党的执政能力和加强自身建设提供参考。     

Control charts for attributes with maxima nominated samples

We develop quality control charts for attributes using the maxima nomination sampling (MNS) method and compare them with the usual control charts based on simple random sampling (SRS) method, using average run length (ARL) performance, the required sample size in detecting quality improvement, and non-existence region for control limits. We study the effect of the sample size, the set size, and nonconformity proportion on the performance of MNS control charts using ARL curve. We show that MNS control chart can be used as a better benchmark for indicating quality improvement or quality deterioration relative to its SRS counterpart. We consider MNS charts from a cost perspective. We also develop MNS attribute control charts using randomized tests. A computer program is designed to determine the optimal control limits for an MNS p-chart such that, assuming known parameter values, the absolute deviation between the ARL and a specific nominal value is minimized. We provide good approximations for the optimal MNS control limits using regression analysis. Theoretical results are augmented with numerical evaluations. These show that MNS based control charts can yield substantial improvement over the usual control charts based on SRS.     

论对刑罚变更执行权的同步制约和监督——在法律上设置人民检察院审查与抗诉机制的必要性

刑罚变更执行权属于重要的司法公权利范畴。为减少刑罚变更执行权出现滥用的概率,就必须在法律层面上科学的分配、设定其中的权利主体和权限,建立各权利主体之间的制约机制,实现对刑罚变更执行权的科学制约和监督。     

中国科举制:变迁、反思与超越

科举制的变迁大致经历了6个阶段,分别表现出如下特点：禅让制——使用考察;世袭制——子孙相继;客卿制——招贤养士;察举制——郡县荐举;九品中正制——中正负责、选人定品;科举制——统一考试、公平竞争。中国科举制虽已消亡,但其精神内核在今天的选人制度中仍根深蒂固,使社会遭遇另类的公平危机,使考生的身心依旧忍受巨大折磨;考生的思想被禁锢,考试本身也缺失了应有的评价功能。放眼未来,应制定《考试法》,消解工具理性的考试内涵,建立以人为本的考试评价观将成为超越科举制的应然趋势。     

Student Projects in Medicine: A Lesson in Science and Ethics

Regulation of biomedical research is the subject of considerable debate in the bioethics and health policy worlds. The ethics and governance of medical student projects is becoming an increasingly important topic in its own right, especially in the U.K., where there are periodic calls to change it. My main claim is that there seems to be no good reason for treating student projects differently from projects led by qualified and more experienced scientists and hence no good grounds for changing the current system of ethics review. I first suggest that the educational objectives cannot be met without laying down standards of good science, whatever they may be. Weak science is unnecessary for educational purposes, and it is, in any case, unlikely to produce good researchers in the future. Furthermore, it is curious to want to change the system of ethics review specifically for students when it is the science that is at stake, and when the science now falls largely outside the ethics remit. I further show that ethics review is nevertheless important since students carry a new potential conflict of interests that warrants independent oversight which supervisory support does not offer. This potential conflict may become more morally troublesome the greater the risks to the subjects of the research, and students may impose greater risks on their subjects (relative to professional researchers) by virtue of being inexperienced, whatever the nature of the project. Pragmatic concerns may finally be allayed by organizing the current system more efficiently at critical times of the university calendar.     

论民主视野下违宪审查制度的和谐建构

中国宪政梦想的实现离不开违宪审查制度的建构。违宪审查制度司法性根本归属下实行少数人说了算,立法权尊奉民主则坚持多数决定原则,两者呈现出多数决定规则与反多数规则的悖论关系。推进宪政建设必须消解违宪审查和民主的悖论关系,实现民主视野下违宪审查制度的和谐建构,具体地讲可以从违宪审查的机构选定运行、法官产生的民主模式、法院责任的民主性表达以及违宪审查制度介入的必要规制等方面积极寻求违宪审查和民主的微妙平衡与制度和谐。     

论独立董事选任机制的完善

通过对我国上市公司独立董事选任机制现状的剖析,可以发现独立董事的选任机制存在明显的缺陷。文章主要就独立董事的任职资格、提名、选举三个方面对完善独立董事制度提出可行的措施和建议,以有助于人们思考独立董事制度的完善。     

The Determinants and Effects of Board Nomination Committees*

This article assesses the corporate governance-related antecedents of nomination committee adoption, and the impact of nomination committees’ existence and their composition on board independence and board demographic diversity. We conducted a longitudinal study of board composition amongst 210 Swiss public companies from January 2001 through December 2003, a period during which the Swiss (Stock) Exchange (SWX) introduced new corporate governance-related disclosure guidelines. We find firms with nomination committees are more likely to have a higher number of independent and foreign directors, but not more likely to have a higher number of female board members. Further, the existence of nomination committees is associated with a higher degree of nationality diversity but is not related to board educational diversity. We also find that nomination committee composition matters in the nomination of independent and foreign, but not of female directors. Our results suggest that understanding different board roles and composition require a multi-theoretical approach, and that agency theory, resource-dependence theory and group effectiveness theory help to explain different aspects of board composition and effectiveness. Finally, the article discusses the concept of diversity and appropriate ways to study diversity in a boardroom context. * The Editor acknowledges that Hans van Ees, Morten Huse, and Jonas Gabrielsson – convenors of the EURAM (European Academy of Management) Corporate Governance track in 2004 – acted as Co-Editors on this paper.     

村级两委冲突对大学生村官成长的影响

村级两委关系是大学生村官成长的重要外部环境。本文着重研究村级两委冲突对大学生村官成长的影响,同时对大学生村官个体差异变量的控制,把大学生村官当成一个整体作为研究对象。研究发现,两委冲突的前中期阶段对大学生村官在思想品质、工作能力和身心健康等三方面的破坏性影响大于其建设性影响,但在两委冲突的后期阶段,效果却相反。