消防行政执法中自由裁量权的控制

自由裁量权是消防监督管理机构行政执法权力的重要组成部分,有其存在的必然性和合理性,但由于其本身所固有的"自由"属性使其在消防行政执法中存在被滥用的现象。采取有效措施对适用自由裁量权的行为进行监督和控制,可避免产生执法腐败现象,保护公民、法人及其他组织的合法权益,促进依法治国。     

刑事政策视野下的反贪污腐败构想

贪污罪是指国家工作人员,侵吞、窃取、骗取或以其它手段非法占有公共财物,或受国家机关,国有公司、企事业单位、人民团体委托管理、经营国家财产的人员以上述手段非法占有国有财物的行为。深入开展反贪污腐败斗争,建立综合治理体系,是减少该类犯罪的有效手段。从贪污罪的犯罪构成、刑事政策等角度阐述新形势下贪污行为的本质与特点,并基于此提出自己的理性思考。     

Corruption and economic crime in Nigeria

The focus of this paper is on the social and economic aspects of corruption in Nigeria. Given the increasingly borderless nature of corruption and economic crime, this paper argues that a successful control campaign requires a coordinated response that will fuse domestic and international strategies. While the paper is wholly committed to the strategy of depriving criminals of their ill-gotten wealth, it acknowledges that the success that law enforcement agencies have had around the world in ‘taking the profit out of crime’ has been hitherto unimpressive. Drawing on the United Nations Convention against Corruption (UNCAC), particularly Article 20, the paper argues that governments in developing economies should adopt the radical strategy of taxing unaccountable wealth and criminalising illicit enrichment.     

反腐败中“保护主义”现象的原因及其治理

在我国的反腐败斗争中,有一种保护主义现象。它来自社会各个方面,存在于人们的思想感情、政治倾向及权力运作等各个领域,是影响反腐败斗争深入开展的严重障碍。文章从我国当前反腐败斗争的社会现实出发,着重列举了“保护主义”在党员、干部思想行为上的主要表现及其原因,提出了治理办法：要教育广大党员、干部进一步加强建设有中国特色的社会主义理论和社会主义市场经济理论的学习,确立社会主义的改革开放观;要把清除“保护主义”影响的工作纳入源头治理的范畴,实行综合治理;要切实落实党风廉政建设责任制,增强各级领导干部反腐败的责任意识,加大党内和群众监督的力度;要建章立制,加强对党风廉政建设工作的检查和考核。     

State and society in Asia

India and China are the 2 most populous countries of the world; in the 1950s, both countries initiated a centrally planned program for rapid development within vastly differing political systems. China embarked India's policy encouraged only voluntary acceptance of family planning. In both cases, however, government involvement in population forms a part of comprehensive national planning. Both countries rely on a limited resource base and technological sophistication in order to alleviate mass poverty and misery. The political implications of population growth cannot be neatly isolated from those that are generated by social and economic forces of change in a society that is in a transitional stage of modernization and development. Development has not been an unmixed bleesing; population growth is one of its counterproductive outcomes. The development process has begun to draw increasing attention to hitherto neglected correlates of fertility decline, such as a reduction in infant mortality, universal education, improvement in women's status, and women's participation in economic activity outside the home, all of which eventually result in greater demand for family planning services. Both the Indian and Chinese models highlight the importance of taking the people into one's confidence; the response of the common people to official initiatives is critical in securing a reduction in fertility levels. China has adopted a 1 child family policy, yet it is unreasonable to expect that the Indian people would agree to a nationally prescribed family size norm below 2 children. The principal determinant of future population trends in both these countries is the course of their politics. The success of developing countries will be assured if the developed nations support their progress without being worried about their population growth, which is the result of their unavoidable failure to modernize their social and economic structures.     

Bangladesh: The Changing Dynamics of Violent Extremism and the Response of the State

Bangladesh is currently facing an incremental growth of radicalization. This radicalization can be traced back to the country’s early post-Independence years. Over time, political violence, ideological clashes between secular and right-wing ideologies, and weak governance have created conditions for the growth of radical Islam. The public rhetoric on corruption, weakening of democratic institutions, inadequate law enforcement agencies, fragile justice delivery system, fledgling educational and social institutions and growing unemployment provides further space for alternative narratives by extremist ideologues. Home-grown extremist outfits have received ideological and tactical supports from transnational terrorist network such as Islamic State (IS) and Al-Qaeda in Indian Subcontinent (AQIS), but only in a limited manner. The supply and demand side of radicalization in Bangladesh has not yet been addressed by actors such as the government, private sector, civil society and media. The failures in multiple sectors in the state governance have led to a situation where IS and AQIS now see Bangladesh as a potential ground for exerting their supremacy as flag bearers of radical forms of Islam.     

THE PRISONERS OF HOPE: CIVIL SOCIETY AND THE OPPOSITION IN ZIMBABWE

There are many debates as to what constitutes the essence of our African humanity and, indeed, Zimbabwean-ness. The country has had a difficult but illustrious history characterised by turmoil and tenacity, chaos and courage, corruption and compassion. Zambia's Kenneth Kaunda once described forgiveness as “a constant willingness to live in a new day”. In this article I intend to demonstrate why there has not been any revolt in Zimbabwe, despite unparalleled repression. Perhaps it is the ingrained capacity of Zimbabweans to constantly hope for a new day that has made us prisoners of hope. I wish to focus my comments on the effect the ZANU-PF's authoritarian regime has had on political opposition in Zimbabwe, on the architecture of civil society, and in particular on the role of civil society organisations. A particular area of concern is the threat to their functioning posed by the new NGO Bill.     

论刑法一般原则在军事刑法中的实现

军事刑法是普通刑法的特别法,因而,刑法的一般原则对军事刑法具有当然的指导意义,但是这些原则在军事刑法中会有特殊的体现。军事刑法保护的是国防利益、国家军事利益。但是,为了保护国防利益、国家军事利益而不当的牺牲个人权利是罪刑法定原则不允许的。法律面前人人平等原则要求,对任何人犯罪,在适用法律上一律平等。但是,由于军人具有特殊的身分,刑法对军人和非军人加以区别对待。罪刑相适应原则要求,刑罚的轻重,应当与犯罪分子所犯罪行和承担的刑事责任相适应。战时缓刑是刑罚个别化原则在军事刑法中的体现。     

试论加强思想教育工作者的审美素养

在现代思想政治教育过程中，要创新思想政治教育方法，提高思想政治教育的时效性，思想教育工作者须加强自身审美修养，按照美的规律教育人、塑造人，重视教育的审美艺术。努力学习美学理论、参加审美实践是加强审美素养的基本路径，教育者应在审美实践活动中塑造自身完美的人格。     

The Taliban's ‘military courts’

The Taliban's ‘code of conduct’, which lists rules of discipline for the fighters, has been widely discussed, but do the Taliban try to implement it? This article discusses the structures that the Taliban have put in place for this purpose and their evolution over the years. It assesses that while the Taliban's ‘military justice’ system is still work in progress, the fact that it has attracted a significant investment in human resources bears witness to a serious intent of the leadership. However, the Taliban's concern with the behaviour of their fighting force is driven by their own political calculus, not by any sympathy for the international law of conflict.     

NEPAD AND CIVIL SOCIETY IN SOUTH AFRICA

The latest general elections in Mozambique, in December 2004, saw the Front for the Liberation of Mozambique (FRELIMO) emerging as a clear victor—its third national election victory since the start of the multiparty system. FRELIMO has now governed Mozambique continuously since independence in 1975. Its candidate, Armando Guebuza, has become Mozambique's third president, following Samora Machel (who died in 1986 while in office) and the current president, Joaquim Chissano, who stood down in February 2005.

For Mozambique's political elite, whose image was greatly damaged by corruption scandals and the related murder of well-known journalist Carlos Cardoso in 2000, challenging tasks lie ahead. Part of the challenge entails bringing people back into formal politics, as the December 2004 elections showed a poor turnout. Even more worrying, when one considers the historical distrust between the Mozambican National Resistance (RENAMO) and FRELIMO, was the almost complete lack of political voices other than these two main contenders. RENAMO emerged with 27 fewer parliamentary seats than it had held before the election, and no other party made it into parliament. FRELIMO will therefore meet little opposition in the next five years. But will the change of presidency in Mozambique offer opportunities for a fresh approach to the country's problems?     

Maritime security and capacity building in the Gulf of Guinea: On comprehensiveness,gaps, and security priorities

It is widely acknowledged that maritime security in the Gulf of Guinea is a highly complex phenomenon involving a variety of issues (legal deficiencies, inadequate military equipment, and challenges like corruption, political unrest and youth unemployment) as well as a multiplicity of external responders. To make sense of the impact that external actors have when they address this complex problem through various maritime capacity building endeavours, this article argues that there is a need to understand the attractiveness of capacity building vis-à-vis the widely acknowledged need for a comprehensive approach, as well as the difficulties of translating the potential for comprehensiveness into practice (as important aspects of the problem remain largely unaddressed). Further, it is argued that it is important to appreciate that even if these gaps – i.e. the aspects that maritime capacity building currently leaves unaddressed – represent a ‘failure’ to deliver a comprehensive response, they are at the same time illustrative of how the maritime capacity building activities of various external actors also ‘succeed’ in having an impact on this regional security landscape – for instance, by influencing how certain aspects of this multifaceted problem are prioritised, whilst others are only marginally addressed, if at all.     

United States Internal Security Assistance to Pakistan1

Pakistan confronts numerous domestic security challenges including jihadist extremism, Sunni-Shi'a sectarian violence, drug trafficking, illegal commodity smuggling, endemic corruption, and systemic problems with the provision of justice and law enforcement. While much has been written about US military assistance to the Government of Pakistan (GOP) and the ever-evolving political relations between the two countries, basic questions of highest policy significance related to Pakistan's internal security have never been fully studied or considered. This essay begins to address these empirical lacunae. It first provides a comprehensive examination of Pakistan's internal security environment and the effectiveness of the GOP's criminal justice structures in dealing with these challenges. The paper then goes on to assess the impact and utility of the current suite of US law enforcement assistance in helping to fortify Pakistan's domestic security environment. The study raises a number of difficult questions pertinent to the long-term impact of this support, particularly in terms of its effect on fostering a viable, accountable and transparent system of civilian governance and policing.     

The Kurdistan Workers' Party (PKK) and popular support: counterterrorism towards an insurgency nature

The PKK has been a prolonged problem in Turkey, and various measures have been adopted to diminish and end the violence. In addition to the impacts on violence, these policies have also had an impact on public opinion and ethnic awareness of Kurds in Turkey. This article analyzes these policies and their effects on electoral support for the PKK by examining the vote shares of the pro-PKK political parties in national and local elections. It concludes that Turkey has conceptualized the issue solely as a problem of terrorism, but the goal, strategy, organization, and format of violence used by the PKK reflect the nature of an insurgency. Therefore, it is argued that Turkey, by ignoring the insurgency features, has disregarded the legitimate parts of the cause and related popular support, and thus has responded mostly with deterrent measures apart from the reforms of recent years. Results have shown that policies of deterrence culminated in a steady level of support for the PKK indicating that low level of legitimacy – as they were perceived by the people – of the policies resulted in viable popular and political support for the PKK. Despite the recent accommodative reforms, the existence of pro-PKK parties rallying electoral support in the political arena provided sustained level activities in the conventional politics in Turkey's municipal and national political system, in which they pursue pro-PKK agendas, such as ‘Autonomy’ and ‘Confederation’ as well as activities to increase the distinction in identity around the ethnic consciousness for more popular support. Yet, no clear pattern is identified between violence level and popular support in the macro-scale.     

Violence and the state: Lessons from Colombia

Whether or not Colombia has improved is a controversial topic. If improvement has occurred, what, if any, lessons from the Colombian model can be learned? The first lesson is that Colombia's problems were caused more by a weak state than by drugs. The second lesson is that improving state capacity requires more than just increased security. The state must also provide the basic social services that citizens require to gain and maintain their support. Additionally, government institutions need to improve their professionalism, protect human rights, and root out impunity and corruption. The alternative is to suffer from new cycles of violence as old foes are vanquished, but new ones emerge.     

加强部队资金安全管理之我见

为提高资金安全管理与防范能力,必须从加强人员管理、实行合理分工、加强银行账户管理、严格库存现金限额、管好财务印鉴及严格票据管理等方面采取相应措施,以确保部队资金安全、规范有序运行。     

Defense policy in Brazil: bridging the gap between ends and means?

This article aims to analyze the Brazilian Defense Policy in terms of its ability to reduce the gap between ends and means. Since 2003, the Brazilian defense policy has evolved along with Brazil’s increased role in the international system. Sustaining this process depends on institutional, economic, and operational conditions that are yet to be fully guaranteed. They require negotiations, reforms, and strategic perspective. By identifying specific challenges emerging from the national security institutional framework, the combat capability building process, the budgetary cycle, as well as from the defense industrial base, we sought to explain their rationale and to offer concrete policy pointers to overcome obstacles. As a general conclusion, the Brazilian defense policy was strengthened by the 2008 National Defense Strategy (END) due to its clearer strategic goals. Bridging the gap between those ends and the proper means is a continuous effort for any given country, but in the case of Brazil it has been addressed with firmer steps since the END, even in the face of harder economic and political conditions.     

加大反洗钱力度是推进廉政建设的突破口

揭示了洗钱与腐败之间的内在联系 ,剖析了腐败分子通过洗钱来逃避法律制裁的社会现象 ,提出了应将控制洗钱作为我国反腐败的新措施和手段的观点 ,并就如何建立和完善控制洗钱的法律体系提出了若干建议。     

Fettered Self-determination: South Sudan’s Narrowed Path to Secession

The interpretation of self-determination as a vote for secession shaped the state that South Sudan has become since the 2011 referendum. Self-determination, this paper argues, is a democratic political process in which citizens determine their preferred form of statehood and nature of governance for their country. In South Sudan, however, political actors—with international support—established conditions that reduced such complex democratic processes to narrow technical matters. Equating self-determination with secession consolidated political and military domination in a process designed to end such domination. This was done at the expense of a more inclusive, process-oriented and political interpretation of self-determination.     

When are strategic narratives effective? The shaping of political discourse through the interaction between political myths and strategic narratives

Most research on strategic narratives has explored their creation, and their interaction with other elements of national power in the conduct of foreign policy. Yet, the issue of how the targeted political communities receive those strategic narratives, and thus how those narratives are likely to have a political impact, is understudied. This article argues that in order to understand the ways strategic narrative are received within a political community, political myths must be taken into account. It introduces a typology of political myths based on their degree of universality and their degree of coherence with other myths, and shows how those factors influence the reception of strategic narratives. These mechanisms are illustrated through a study of the reception of the Russian strategic narrative in France. This approach offers opportunities to assess the differentiated impact strategic narratives have on political communities.