Improving the Functioning of the Soviets of Working People's Deputies

V. I. Lenin saw a fundamental and necessary condition for transforming the life of society on socialist principles to lie in the constant strengthening of the Soviets and the socialist state, a strengthening which he also regarded as a dependable defense of the interests of the working class and of working people as a whole.     

On Improving the Legislation on Territorial and Regional Soviets of Working People's Deputies

The Report of the Central Committee of the CPSU to the Twenty-fifth Party Congress advanced the proposal of adopting laws to define the jurisdiction of territorial [krai], regional [oblast'], and area [okrug] soviets of working people's deputies. This proposal was adopted unanimously by the delegates to the congress. In the course of the work begun to draft these laws, which will define the content and form of activity at the present stage of the building of communism of such an important link in the system of soviets as the regional and territorial soviets, many questions have arisen demanding profound and comprehensive scientific study. In this connection the editors invite legal scholars and practical workers to share in the pages of the journal the results of their research and generalizations from the experience of the work of the soviets and from application of the prevailing legislation, and to express judgments, proposals, and recommendations on the paths to be followed in improving the legislation on territorial, regional, and area soviets.     

The Local Soviets of Working People's Deputies at the Present Stage in the Building of Communism

The local Soviets have been and remain the most numerous link of the soviet system of representation. Being engaged, day in and day out, with various problems in the development of the economy and culture, they concern themselves with improving the wellbeing of the people under the conditions existing in each populated place. The population often judges the success and shortcomings of the machinery of government in general in terms of the triumphs and failings of the local Soviets. Therefore, in dealing with the problem of reinforcing and developing the Soviets as the organization embracing the entire people and embodying its unity, the 22nd Party Congress and the Program adopted by it directed attention to the need to improve the organization and functioning of all levels of the soviet system of representation.     

论失踪损害赔偿之诉的法律适用——以马航客机失踪事件切入

自然人的失踪通常都会给其近亲属造成严重的精神损害和一定的财产损害,依据我国法律现有规定及其解释,在失踪是因可归责于他人的事由所致时,失踪者近亲属应独立享有对相关责任人的损害赔偿请求权。肯定此类损害赔偿请求权,不仅符合分配正义原则,而且能更好地实现权益保护与行为自由的平衡。在单纯的失踪损害赔偿之诉中,失踪者近亲属可以请求赔偿精神损害、寻亲费用和扶养费损失等,在失踪者已被宣告死亡时,还可请求死亡赔偿金。     

The CPSU and the Soviets

"Popular sovereignty in our country," we read in the Theses of the Central Committee of the CPSU, Fifty Years of the Great October Socialist Revolution, "is expressed above all in the soviets — representative bodies combining the features of state and civic organizations." The guidance given the soviets by the Communist Party is a vital factor in the Soviet system. This factor reflects the fundamental qualities of the political organization of socialist society. The entire course of the country's historical development has proved irrefutably that complete disclosure of the fundamental advantages of the Soviet organization of power and their utilization in the interests of socialism would be impossible in the absence of the leading role of the Party in the soviets. The relationship between the Party and the soviets in the system of socialist democracy provides the key to understanding the mechanism of popular sovereignty and reflects a fundamentally new interaction between the political leader, the state organization, and the masses of the people that is impossible under a system of exploitation. It is no accident that the apostles of anticommunism are particularly rabid in their attacks on the position of the Party in the republic of soviets, making it their primary target in their slanderous inventions and verbal attempts to subvert the principles of socialist society.     

德国行政程序法对我国立法的启示

德国以实体、程序并重的立法模式创建了与美国不同的另一种模式,对其他大陆法系国家产生了深远影响。解决我国行政程序立法存在缺陷的根本出路在于制定统一的行政程序法典,立法架构应兼顾实体与程序,定位为规范行政权力的基本法。     

From Sheriff's Deputies to Immigration Officers: Screening Immigrant Status in a Tennessee Jail

This article contributes to emerging literature documenting the devolution of immigration enforcement authority by focusing on the implementation of the 287(g) program in Davidson County, Tennessee. It outlines how deputized immigration officers do their work as well as the ways they come to think about their roles in the larger immigration bureaucracy. Immigration officers see themselves as objective administrators whose primary responsibilities are to identify and process immigrants for removal, but who are not responsible for their subsequent deportation. While immigration officers never waiver about their obligation to uphold the rule of law, alternate narratives emerge depending on how they feel about the immigrants they encounter. These frames range from pride at identifying “criminal aliens” to guilt for processing immigrants who had been arrested for very minor violations. Ultimately, this work shows deputized immigration officers act as extensions of the federal government rather than as independent agents.     

The institutionalisation of the Brazilian Chamber of Deputies

ABSTRACT

This article analyses the institutional development of the Brazilian Chamber of Deputies (BCD) from 1826 to the present. Legislature careers, the internal organisation of the BCD, the current system for filling positions within the committees and electoral rules are the objects of this study. The process of development of the BCD should be understood in light of the dynamics of the Brazilian political system, which has undergone significant ruptures of regime, and also in light of the nearly permanent fragility of the democracy, especially of its representative components. It is an institution with legislature career patterns that vary through time, but always point towards opportunities out of the BCD, a stable, hierarchical and complex mode of organisation that currently values parties as distributors of opportunities. It is, above all, an institution that is subject to external influences from other parts of the political system, which diminish its autonomy and self-determination, as shown by the example of the rule for the adjudication of terms. With its 190 years, the BCD has evolved along with Brazilian democracy and today, although boasting a great structure and large resources, it still needs to establish itself as a decisive and permanent actor in driving public policies and communication (parties and government projects) with voters.     

论社会保障制度中的可诉性公法权利

现代社会保障制度区别与传统的济贫制度和慈善制度的重要特征是其赋予了公民可根据法律向国家主张的、可诉性的公法权利。由于国家的给付行为与政治决策程序紧密相关,从宪法社会保障条款不能直接推导出向国家社会保障机构请求社会保障给付的请求权。但从宪法基本权中衍生出的最低生存保障请求权和平等社会保障请求权具有理论和实践的正当性,它们和社会保障基本法中规定的程序性权利、具体的社会保障法律中规定的各种具体的社会保障请求权一起,共同构成社会保障制度中的可诉性的公法权利体系。     

论无权处分行为——兼析《合同法》第51条

作为“法学上的精灵” ,无权处分的理论魅力在于其与法律行为、合同效力、不当得利、善意取得等制度的关联。本文从开放的视角 ,检讨了《合同法》第 5 1条对无权处分的规定 ,并积极探索对其制度完善之路。     

身份法之立法原则

身份法是规范身份关系的法律规范的总和,主要是指婚姻法、收养法或亲属法,而不应包括继承法。自愿、平等和人格独立、保护弱者和儿童最大利益优先,是身份法立法的主要原则。自由原则包括选择共同生活方式或者家庭模式的自由、身份行为的自由。身份法以平等和人格独立为基础,应以维护当事人的平等地位和人格独立为目标。身份法制度设计上应有利于对老年人的扶养,有利于保护妇女权益,在涉及儿童利益的事项上应充分尊重儿童的意愿,在各种不同利益冲突时应优先保护儿童最大利益。     

中国破产法理论研究的现实状况与未来路向

尽管缺乏历史传统和深厚的理论积淀,但在与破产法立法的良性互动中,通过汲取发达国家的破产法理论的有机养分,中国破产法理论研究仍得以快速发展。目前,中国破产法理论研究已形成了相当的规模,并取得了突出的成效,但也存在"浮萍化"、"集合式"的不足。未来中国破产法理论研究应当以建立成熟的开放式的破产法学科体系为终极目标,在最近的几年内则应着力解决破产法实施中的突出问题。     

The Changing Status of International Law in English Domestic Law

Netherlands International Law Review -     

Open parliament policy applied to the Brazilian Chamber of Deputies

ABSTRACT

This article will analyse the implementation of an open parliament policy that is taking place at the Chamber of Deputies, in accordance with the guidelines of the Open Government Partnership international programme (OGP), regarding the action plan of the Opening Parliament Work Group in particular, one of the subgroups of OGP. The authors will evaluate two blocks of initiatives for open parliaments executed by the Chamber in the last few years, that is, digital participation in the legislative process and Transparency 2.0, in order to observe their impasses and results obtained until now. In the first part the authors will study the e-Democracy portal and in the second part the authors will focus on open data, collaborative activities to use those data (hackathons) and the creation of the Hacker Lab, a permanent space dedicated to open parliament practices. The analysis considers the initiatives that the authors evaluated as part of the transformative and arena profiles of the Brazilian Parliament, according to Polsby's classification, with exclusive characteristics.     

侵权责任法在我国民法中的地位及其与民法其他部分的关系——兼与传统民法相关问题比较

侵权责任法是借鉴外国侵权行为法和总结我国经验的新成果,是民法通则创立的"民事权利-民事义务-民事责任"立法模式的延续和发展。将来侵权责任法会成为民法典的独立的一编,现在需要协调侵权责任法与民法其他部分特别是民法通则及物权法的关系。侵权责任法从债法分离出来以后,与债法还有一定联系。侵权责任法将传统民法的侵权损害赔偿之债变革为多种承担侵权责任的方式,其归责原则随之相应地发生变化。物权法第三章规定的物权的保护方式有些与侵权责任法规定的责任方式重合,应当将物权法第三章的有关规定理解为引致规范,适用侵权责任法的有关规定。     

关于经济法地位的几点思考

改革开放以来,我国经济法的发展是迅速的,但是,经济法基本理论的研究还相当薄弱。就涉及经济法地位的几个问题进行深入研究,对于经济法学理论界的一些流行观点提出磋商,并提出作者的思考意见。     

The Status of Oceanauts in International Law

If in time such aspects of human activity on the seas and oceans as the creation of floating cities (on and beneath the surface) and an underwater merchant marine (for transport, fishing, and industrial purposes), the removal of abandoned ships from the hydrosphere, the salvage of sunken treasures, and many others require legal regulation, it will become all the more necessary to worry about the legal protection of human beings themselves in the oceans of the world.     

The Safeguarding of Socialist Legality By Local Soviets

V. I. Lenin regarded socialist legality as one of the basic principles of the activity of the state, its organs, officials, and citizens, based upon the requirement that the laws be adhered to unswervingly. He persistently emphasized the need "to hold sacred the laws and directives of Soviet power and to make sure that they are carried out by each and all." (1)     

对不作为犯罪的思考

本文认为 ,从罪刑法定与民主法制建设的要求分析 ,都有必要以立法形式解决不作为犯的处理问题 ,并提出了相应的立法建议。