健讼之人与地方公共事务--以清代漕讼为中心

如果说清代社会存在所谓公共领域的话 ,那么健讼之人就是这个领域的积极参与者之一。他们挺身抗帮 ,包揽词讼 ,以独特的方式承担了地方公共事务。这一点 ,在层出不穷的漕案中有相当明显的表现。     

Curbing Optimism Bias and Strategic Misrepresentation in Planning: Reference Class Forecasting in Practice

The American Planning Association recently endorsed a new forecasting method called reference class forecasting, which is based on theories of planning and decision-making that won the 2002 Nobel prize in economics. This paper details the method and describes the first instance of reference class forecasting in planning practice. First, the paper documents that inaccurate projections of costs, demand, and other impacts of plans are a major problem in planning. Second, the paper explains inaccuracy in terms of optimism bias and strategic misrepresentation. Third, the theoretical basis is presented for reference class forecasting, which achieves accuracy in projections by basing them on actual performance in a reference class of comparable actions and thereby bypassing both optimism bias and strategic misrepresentation. Fourth, the paper presents the first case of practical reference class forecasting, which concerns cost projections for planning of large transportation infrastructure investments in the UK, including the Edinburgh Tram and London's £15 billion Crossrail project. Finally, potentials for and barriers to reference class forecasting are assessed.     

平政院与北洋时期的行政诉讼制度

民国成立后,在借鉴清末行政裁判院的基础上,北洋政府成立了中国第一个行政诉讼审判机关平政院。长期以来,世人对平政院的评价极低,甚至讥讽为"贫症院"。本文拟通过梳理平政院的职掌与工作,探讨该院在中国法制近代化进程中的作用与影响。     

Rebranding the State: Uganda's Strategic Use of the International Criminal Court

When governments invite the International Criminal Court (ICC) to conduct investigations within their own borders, they seem to indicate acceptance of global norms of accountability for wartime atrocities. The first of these self‐referrals came from Uganda, whose government requested investigation into its conflict with the Lord's Resistance Army (LRA), a conflict within which it, too, committed large‐scale human rights violations. This article argues that Uganda used the ICC to help solve a problem faced by many of the world's least powerful states, whose domestic politics are often structured through patron–client networks. Their rulers need to distribute basic state resources, including physical protection, to loyal clients without alienating donors who demand provision of these same resources by right to all citizens. By inviting external scrutiny and manipulating the investigative process, the Ugandan government received an international seal of approval for practices that the ICC would normally punish. This strategy has system‐wide consequences in that repeated mislabelling of rights violations as compliant with international norms causes the meaning of compliance to become incoherent, and norms are less able to constrain the behaviour of all states in the long run.     

讼师对法秩序的冲击与清朝严治讼师立法

讼师势力的发展在地方行政资源严重不足以及行政兼理司法的体制下,直接影响其司法功能的实现,致使原有的法律秩序受到巨大冲击。乾嘉时期严治讼师定例,不但背离了“教唆词讼”本律的立法精神,走向重刑主义,而且使讼师的所有活动都在严禁之列,对民事诉讼制度的负面影响甚大。     

论抗战时期国民政府的盐税政策

抗日战争期间国民政府的盐务变革经历了盐统制、盐专卖与恢复征税三个阶段。不同阶段盐税政策的价值取向不同,效果也有明显区别。抗战期间的盐税政策经历一个演变的过程,对此必须进行具体分析。在1941年以前的大部分时间内,国民政府的盐税政策还是比较注重民食的,实行的盐税税率有升有降,但起伏幅度不大;而在1942年以后,其盐税政策的财政功能越来越强化,由于意外损失准备金、专卖管理费、战时食盐附税、国军副食费的陆续开征,盐项税率有大幅度抬升的趋势,国统区通货膨胀更加强了这一趋势。国民政府对抗战准备的缺失以及其内部的腐败影响了战时盐税政策的制订与实施。     

近代中原外向型经济的发展及其影响

长期以国内区域市场为主要贸易范围的中原地区,在进入近代以后,借助于传统水路和现代铁路,与沿海、沿江各通商口岸实施对接,从而逐步发展起了以沿海和国际市场的进出口贸易为导向的近代外向型经济。它不仅改变了中原经济发展的面貌,而且在中、西部地区近代经济的外向化过程中,也起到了不可或缺的桥梁作用。     

From the Everyday to IR: In Defence of the Strategic Use of the R-word

Rather than scrutinising who is a racist or not in John Hobson's seminal work on the scientific racism and Eurocentric institutionalism of a selection of canonical thinkers on world politics since 1760, this essay seeks to engage with its strategic reluctance to use racism as a lens to understand the post-1945 world. The aim is to draw attention to the fact that analytical categories, apart from imperfect attempts to render reality intelligible, are a deeply normative enterprise that implicitly or explicitly seek to render (parts of) reality for a certain purpose. Building on a vignette of the yearly racism-related debate around the figure of Zwarte Piet or Black Pete in contemporary Flanders, the text reflects on the extent to which R-word strategic reluctance, in public debates and IR alike, (dis)serves an anti-racist decolonial ethos and if and to what extent John Hobson's analytical choices unwillingly are a part of this.     

The Wrong Terms of Reference

Abstract

Agriculture in Alaska is beginning to expand. The approach used to facilitate this expansion may serve as an example for other regions where the pressure for development stems from public interest groups. Alaskan agricultural development is tied to the disposal of government-owned land. If agriculture is to develop according to the United States farm production model, then large quantities of agricultural land must be sold to private citizens. Past federal policy in Alaska has not led to this outcome and thus the present-day development efforts spring from state government leadership. This has led to the recent undertaking of three state agricultural projects which have in common low cost land, low cost financing, and planning by people trained in agricultural disciplines. The pivotal aspect of agricultural development efforts in the state of Alaska is the successful transfer of research and technology to private sector farmers. If this can be accomplished, then Alaskan agriculture is likely to flourish.     

The Tax Threshold: Policy, Principles, and Poverty

In the absence of an independent poverty standard, postwar Britishgovernments have tended to use current, politically determinedsocial security scales (from Unemployment Assistance in the1930s to Income Support today) as their definition of minimallyadequate income levels, commonly known as an ‘officialpoverty line’. A basic principle of taxation since thedays of Adam Smith, however, has been that incomes below theminimum income required for socially defined necessities shouldbe free of tax. The personal tax allowance which determinesthe income tax-paying threshold thus also provides a practicaldefinition of such an official poverty line. Royal Commissionsand official committees since the nineteenth century have endorsedSmith's principle, but it only acquired major political significanceafter the Second World War when income tax began to affect lowearners, particularly after the 1960s when poverty was ‘rediscovered’in the UK. In spite of this potential coincidence of purpose,a review of evidence and interviews with officials shows thatthere has been no co-ordination of policy between the Treasuryand Inland Revenue responsible for determining the level ofthe tax allowances, and the Social Security ministries responsiblefor the minimum benefit scales. The tax threshold has consequentlycontinued to be determined by considerations of political economyand administration and not by the alleviation of poverty. ^* This paper is part of a larger project on concepts of povertyand need in British income maintenance systems, chiefly the‘Assistance’ schemes which ran from 1934 to 1966.I am grateful to the many people who have helped with the project,regrettably too numerous to name here. I am particularly indebtedto Sir Norman Price and Sir Kenneth Stowe, James Meade, DellaNevitt, and). Leonard Nicholson for information on the tax issues,and want to record my thanks to them and to Fran Bennett, JohnHills, Chris Pond, and Adrian Sinfield, and especially RodneyLowe, as well as participants in seminars at the Universitiesof Edinburgh and Essex, and in Budapest, for their advice onthis paper.     

Local Democracy and Local Government Efficiency: The Case of Elected Executives in Australian Local Government

In the international context it has been argued that institutional reform to leadership in local government can improve the sector in terms of both its democratic legitimacy and its operational efficiency. In Australia, despite two decades of far-reaching reform processes across state government jurisdictions, focused heavily on structural change, local government still faces daunting problems, yet the potential of reform to political leadership as a method of alleviating these problems has not been fully explored. This paper thus examines the applicability of alternative leadership models to Australian local government, in particular the elected executive model which characterises some American and European local government systems. We argue that the introduction of elected executives could prove problematic in terms of accountability and representation in Australian local government.     

日伪“中华民国维新政府”始末

日本侵华期间,在华中地区扶持建立了傀儡政权———伪“中华民国维新政府”,旨在加紧对中国进行政治、军事、经济侵略。