The Question of the Ethnic Russians in the Context of Ethnic Relations in the Russian Federation

The author examines the current and likely future position of the Russian ethnic group within Russia's systems of interethnic and ethnofederal relations. He also examines the meaning of the term nationalism as used in Russian politics and warns about the danger of growing imbalances in state regulation of federal and ethnic relations. He proposes a new federalism that would eliminate asymmetries in relations between ethnic Russians and other ethnic groups inhabiting the Russian Federation.     

9O年代我国俄罗斯诗歌史研究

本文通过对90年代我国俄罗斯诗歌史研究中四部专著的介绍,概括和总结了我国长期以来在俄罗斯诗歌研究方面的主要成就,并进一步揭示了这一研究计领域内的新的趋势和观点.     

中国语境下的“宪法实施”:一项概念史的考察

宪法实施是一个具有中国特色的宪法学基本范畴。从概念的源流与演变来看,民国时期的宪法学说和苏联国家法学说是两个重要的理论渊源。回顾近代以来的宪法学说史,宪法实施概念整体上体现了一种变法思维,即通过实施宪法来建立新的法律和政治秩序。受此观念影响,宪法实施也是一个具有高度政治性的概念,宪法实施更多的是依靠政治化的方式。即,通过政治动员提高民众的宪法观念,进而实施宪法。这种宪法实施概念不仅可以追溯到民国时期的宪法理论,同时与社会主义新宪法秩序的建构也有暗合之处。     

史为我用:论《隋史遗文》创作主旨及与时代之关系

隋唐改朝换代的历史,由民间说话到章回小说,历代演绎不绝。袁于令《隋史遗文》在隋唐讲史系列小说中具有独特的面貌,作者自称成书在崇祯朝。如果依据一个时代有一个时代的思想之法则,该作品以秦叔宝四易其主最终归附李世民的故事所宣扬的乱世变通哲学,便成书不可能在明末,只能在清初。袁于令实际上是借古说今,为清初的贰臣辩解。     

The Russian Diaspora in the Baltic Countries

The Constitution of the USSR is the basis for the further improvement and development of all branches of law. One of the most important lines of development of the political system of Soviet society is the strengthening of the legal foundation for the affairs of government and society (Article 9, Constitution of the USSR). This provision expresses the need for further elevating the role of law and strengthening legality in the developed socialist society. (1)     

The illegal trade of raptors in the Russian Federation

Wildlife trafficking, along with other green crimes, receives little attention from the criminological community. This study provides further knowledge of this black market, and exposes the structural harms that are associated with it, by examining the illegal trade in falcons in Russian Far East. The structural harms proposed here are that wildlife trafficking, and the illegal raptor trade in particular endangers the environment, is cruel to animals, and threatens national and human security because of its connection to other dangerous illicit activities. Through semi‐structured interviews, trade statistics, and online news sources, a framework is developed as to who is involved, how it is occurring, and where it is taking place as well as possible ways in which to curb this activity.     

被消费的"文革"历史与当代现实——消费文化语境下《兄弟》的生产与传播

余华的<兄弟>在2005、2006年的分期出版是当代文学的一次重要事件,它的生产与传播过程典型地显示了消费市场和商品文化主导与影响下的文学生产机制对文学的宰制作用.从文学叙事的角度看,消费文化及其文学生产机制影响了<兄弟>的审美品格和叙事特征,"文革"历史与改革时代的现实在小说中呈现出夸饰化、漫画化、荒诞化的倾向.这种文学症候标识出余华由先锋作家到畅销写手的某种隐形蜕变,同时,对于当代文学的发展来说,文学与市场、消费文化保持适度联姻时,要规避其对文学自主性和文学审美品质的潜在伤害,要对消费文化保持适当的警觉.     

The search for the Russian Mafia

After the fall of communism in the Soviet Union, newspapers, films, academic researchers and intelligence agencies warned against a new phenomenon in organized crime: the “Russian mafiya.” In fact, since the fall of the Berlin Wall, Western European countries have noted an increase in the number of criminals from Central and Eastern Europe. In the mid-1990s, the Dutch judicial authorities made the issue a priority and established a special team to investigate crime with links to Eastern Europe. From 1999 to 2005, the KT NON crime team published several studies and reports on serious crime of this nature. In this paper, the authors, who were assigned to the KT NON crime team, discuss the findings of the two most recent publications on the “causes, nature, scale and threat of Central and Eastern European crime” and “mobile banditry,” respectively. They come to the conclusion that among other forms of crime, the phenomenon of mobile banditry seems to be the most serious manifestation of crime from post-communist countries. The Russian mafia was not found.

当代中国语境下的法治思维

法治思维作为一个时兴概念在当下中国被不断提及,并成为社会治理领域的正当性话语,因此需立足于法治的基本要求,结合法治实践的个案场景,在发现当代中国法治建设薄弱环节的同时探讨法治思维的运用问题。而法治思维内涵的既有界定往往抽象而不具可操作性。因此,法治思维是以规则为中心,合法性判断为优先,限制权力保障权利,坚持正当程序的思维方式。要注意反思当代中国社会治理中与法治思维相左的四类主要问题:领导意志对法律执行的扭曲,法外利益与纠纷解决的乱象,公权力过于强势的现状,重结果轻程序的思维传统。     

程序法视野中的诱惑侦查

诱惑侦查作为一种特殊的侦查手段,已为许多国家的立法认可.由于犯意诱发型的诱惑性侦查手段会导致本无犯意的公民犯罪,机会提供型的诱惑性侦查手段会影响被告人的量刑情节.因此,从立法上对前者应该禁止,对后者则应从程序上进行严格控制.诱惑侦查一旦被滥用,即构成警察圈套,赋予被告人无罪辩护权和非法证据排除规则是警察圈套成立后的救济措施.     

全球化背景下的国家与公民

随着“人和公民的权利—国家权力”范式在启蒙时代的建立 ,民族国家与公民开始发生一种“直接面对面”的联系 ,民族国家循着“权利”和“形式法律”之名日渐深入到公民生活的方方面面。在全球化背景下 ,这一格局受到了挑战。国家与公民的直接联系为社会权力中介所隔断、全球精英游离于国家权力之外、公民依凭世界性力量反对国家等情况在一定程度上打破了民族国家与公民“直接面对面”的模式 ,同时 ,这些新变化和新趋势也为现代社会走出“日常生活的国家殖民化”提供了机遇和可能     

The Zong in the Context of the Eighteenth-Century Slave Trade

This contribution places the Zong tragedy in the wider context of the eighteenth-century Atlantic slave trade, a global business venture which from 1750 to 1807 was dominated by British ships. Evidence for ‘jettison’ within the British slave trade is examined, and the uniqueness of this aspect of the Zong case is emphasised. Attention is given to the role of the Zong hearings of 1783 in bringing together individuals who would go on to play a leading role in the British anti-slavery movement, established in 1787. Finally, this article examines the impact of the Zong incident upon eighteenth-century maritime insurance law relating to ‘human cargoes’, and on the passage of the ‘Dolben Act’ (the first Act to regulate British slave shipping) in 1788.     

俄罗斯联邦反恐怖主义法

本联邦法律规定反恐怖主义的基本原则、恐怖主义的预防及反恐怖主义的法律和组织基础、减少和(或)消除恐怖主义表现的后果及在反恐怖斗争中运用俄罗斯联邦武装力量的法律和组织原则。     

The Lessons of a Russian

It appears that immediately after the Central Electoral Commission totalled up the preliminary results, postelection fever and hysteria broke out, embracing not only politicians and journalists but a portion of the public as well, and that very widespread myths took hold, serving as the base on which public consciousness has attempted to adapt to a new political reality. A calm professional analysis now shows, however, that much of what happened to us simply could not have occurred otherwise, that clear roots and obvious causes existed. There is much we simply did not want to notice or to acknowledge, while attempting to pass off the desirable for the real and reality for a myth. But timidity of the mind has taken its toll, and the time has now come to draw some lessons.     

The Ukrainian Revolution and the Russian Counterrevolution

The shift to a monopolistic political regime in Russia in 2004 was largely a defensive reaction to the Orange Revolution in Ukraine, but it is likely to prove counterproductive.     

Effect of History and Context on Forensic Pathologist Interpretation of Photographs of Patterned Injury of the Skin

In a previous study, a survey‐based analysis of pathologist diagnoses of patterned injury was performed. Subjects were provided with photographs of “classic” injuries and asked to diagnose the lesion in the absence of history or context. There was a relatively low diagnostic consensus among respondents. A second survey suggested that the disparate answers were not due to a strong belief in different diagnoses, but instead reflected how the respondents dealt with ambiguity. A third survey was created that asked participants to evaluate patterned injuries of the skin, but provided history and contextual information. The addition of history and contextual information increased consensus from a median of 80% to 98% on a per‐question basis. Confidence increased from a median of 56%–92%. These results demonstrate the importance of history and context in medical diagnosis of patterned injuries of the skin.