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1.
苏联宪法学说对中国宪法学说的影响集中体现在20世纪50年代,但其影响过程前可追溯至20世纪20年代以降,后可延续至20世纪80、90年代。其影响的方式体现为翻译出版苏联宪法的教材、著作和论文,苏联法学专家直接开设"苏维埃国家法"课程介绍苏联宪法理论;影响的内容主要表现在宪法概念、宪法作用、宪法本质、宪法与法制和法治的关系、人民权利与公民权利、宪法学体系等方面;影响的结果可归结为宪法学研究"阶级斗争范式"的形成、以国家学说为核心的宪法学体系建构以及轻视宪法基础理论的研究。  相似文献   

2.
高平 《政法论丛》2011,(4):30-36
物的基本区分对物权法律制度有着结构性影响。受前苏联法影响,把物区分为生产资料和生活资料曾经决定了中国民事立法的基本构造。在《物权法》中,物的划分不再以政治经济学为根据,转而以潘德克顿法学为学理根据,把物区分为不动产与动产并设置不同的法律规则。  相似文献   

3.
Editor's Note     
《Russian Politics and Law》2013,51(2-4):lviii-lx
All of the Soviet codifications referred to by the authors of Forensic Psychiatry have been translated into English, as follows:

Criminal Law

Fundamentals of Criminal Legislation of the USSR and Union Republics, and Fundamentals of Criminal Procedure of the USSR and Union Republics: F. J. Feldbrugge, in Law in Eastern Europe, No. 3, under "The Federal Criminal Law of the Soviet Urion" (Z. Szirmai, ed.), A. W. Sythoff, Leyden, 1959; George H. Hanna, in Fundamentals of Soviet Criminal Legislation, the Judicial System, and Criminal Court Procedure, Foreign Languages Publishing House, Moscow, 1960; in Current Digest of the Soviet Press, March 4, 1959.  相似文献   

4.
张力 《河北法学》2007,25(3):65-71
前苏联,继而是俄罗斯民法中所采用的"公民"概念,并不是其民法学对政治概念的误用,出于其民族传统中对自然人的民法身份与政治身份的关联性考虑,俄罗斯民法中的"公民"包含了私法上的人以及作为隐含条件的公共领域中的人,这两重含义,期望通过唤起个人在维护自身利益方面的公共责任感,来维护社会总的安全,这体现了其民法的民族性取向与社会化价值,对确立现代民法的发展方向具有重要的参考意义.  相似文献   

5.
Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.  相似文献   

6.
This paper reviews the criminal justice system in Russia from historical and contemporary perspectives. The realities of greater liberalization and the dissolution of the Central Soviet Government will have a significant impact of the future criminal justice program. Based on a criminal justice delegation including meetings with Soviet criminal justice participants, it is argued that the Soviet will likely lean toward incorporating a more continental crime reduction ideology instead of a Western-style Common Law that emphasizes legal process rather than crime reduction.  相似文献   

7.
Abstract: This paper addresses the five major structural issues on the agenda of the 1996 Intergovernmental Conference of the Member States of the European Union: the option of replacing the treaty framework by a European constitution; the issue of fundamental rights in the Union; the future of the three-pillar structure; the puzzling question of how to allow for variations in European integration without endangering unity; and, finally, the political 'evergreen' of the division of competences between the Union and its Member States. The analysis is based on contributions by EC institutions and prominent groups of experts and scholars published before the political bargaining started.  相似文献   

8.
Publisher's Note     
The publisher is pleased to remind subscribers that Russian Politics and Law: A Journal of Translations has been in transition to a bimonthly publication schedule over the course of 1993. Volume 31 has been published in six issues (Summer 1992-Fall 1993). Volume 32 will appear on a bimonthly basis in 1994. The increased frequency of publication will permit us to give fuller coverage to the rapidly changing field of political science and legal studies in the former Soviet Union.  相似文献   

9.
The Soviet political system is made up of three major institutions: the Communist Party, the parliament, and the government. Whereas the first two have changed dramatically under perestroika, the government has continued to function in more traditional ways. Most worrying to reformists, the government–the Soviet Union's "executive branch"–has used its broad rulemaking authority to impede the transformation of Soviet politics and society. This essay examines the role of governmental rules in the Soviet political and lead system It concludes, following the lead of Soviet reformists, that without a fundamental restructuring of government making authority, legal, political, and economic reform in the Soviet Union cannot be institutionalized.  相似文献   

10.
杨昌宇 《北方法学》2010,4(3):117-124
公民权利作为现代宪政的核心主题,是透视俄罗斯宪政问题的一个最为重要的视角。自20世纪以来,俄罗斯社会转型过程中先后出现了三种类型的宪法,公民权利在宪法中从形式到内容发生了历史性的演变,从宪法规范的语言表述、到公民权利规范在宪法文本中的位次、再到具体的权利内容,都发生了根本性的变化。在立宪理念上,专制主义、集体主义和自由主义(个人主义)分别主导着1906年根本法、1918年苏俄宪法和1993年联邦宪法。厘清这种变化对当下俄罗斯公民权利的保障与实现有重要的意义,对透视转型国家的宪政发展有积极的启示。  相似文献   

11.
Publisheres Note     
The publisher is pleased to remind subscribers that Russian Politics and Law: A Journal of Translations has been in transition to a bimonthly publication schedule over the course of 1993. Volume 31 is being published in six issues (Summer 1992-Fall 1993). Volume 32 will appear bimonthly in 1994 so that we may give fuller coverage to the rapidly changing field of political science and legal studies in the former Soviet Union.  相似文献   

12.
The migration policies of the former Soviet Union (or USSR) included a virtual abolition of emigration and immigration, an effective ban on private travel abroad, and pervasive bureaucratic controls on internal migration. This article outlines this Soviet package of migration controls and assesses its historical and international distinctiveness through comparison with a liberal state, the United States, and an authoritarian capitalist state, Apartheid South Africa. Soviet limitations on external migration were more restrictive than those of contemporary capitalist states, and Soviet regulation of internal migration was unusual in its direct bureaucratic supervision of the individual. However, Soviet policy did not aim at the suppression of internal migration, but at its complete regularization. The ultimate goal was “regime adherence”: the full integration of the citizen into the Soviet political order. In contrast to the USSR, migration in the contemporary world is marked by “irregularization”: policies that lead to the proliferation of insecure and unauthorized migration.  相似文献   

13.
The forced administration of drugs, usually by injection, may accompany physical torture. In the extrajudicial environment in which torture occurs, documentation of the types of drugs used is difficult. In violation of all codes of professional ethics, physician participation appears to be ubiquitous. In the Soviet Union, human rights abuses have become institutionalized within the mental health care system. Therapeutic drugs are used, often at toxic levels, to punish political and/or religious dissidents.  相似文献   

14.
Increased levels of street and organized crime activity have accompanied the transition from totalitarian rule to a freer political climate both in the Soviet Union and in its former east European satellites. A conference in the Czech Republic involving officials from the host country and visiting practitioners and academics largely from the United States considered methods for dealing with burgeoning crime issues. The article summarizes the tone and content of the discussions as well as the substantive issues addressed. This revised version was published online in July 2006 with corrections to the Cover Date.  相似文献   

15.
REVIEWS     
《The Modern law review》1967,30(1):102-120
The Worker and the Law. First edition. By Professor K. W. Wedderburn, M.A., LL.B. The Restrictive Practices Court. By R. B. Stevens and B. S. Yamey. Sale of Goods. By G. H. L. Fridman, B.C.L., M.A. (Oxon), LL.M. (Adelaide). Casebook on Sale of Goods. By E. R. Hardy Ivamy, LL.B., PH.D. Charlesworth's Company Law. Eighth edition. By T. E. Cain, M.A., Barrister-at Law. Essentials of Mercantile Law. By Kenneth Smith and Denis J. Keenan. International Law. By D. P. O'Connell. The Sources and Evidences of International Law. By Clive Parry. Rights in Air Space. By David Johnson. The Law and Practice of the International Court. By Shabtai Rosenne. The Constitutions of the Australian States. Second edition. By R. D. Lumb, LL.B.(Melb.), D.PHIL.(Oxon), Senior Lecturer in Law, University of Queensland. Law and Orders. By Sir Carleton Kemp Allen. Third edition. The Language of the Law. Selected and edited by Louis Blom-Cooper, assisted by Edward Jackson, with a Foreword by Lord Radcliffe. The Rent Act 1965. By Ashley Bramall, M.A., Barrister-at-Law. Matrimonial Offences with particular reference to the Magistrates' Courts. By Lionel Rosen, LL.M., PH.D.(lond.), Solicitor Second Edition. Politics and Law. By Gerhard Leibholz, Justice Associate of the Federal Constitutional Court in Karlsruhe, Professor at the University of Göttingen, Titular Professor at the College of Europe at Bruges.  相似文献   

16.
The transfer of United States high technology to the Soviet Union shows that, contrary to many assumptions, international transfer of technology can heighten national rivalries and increase military tensions. Many advanced technologies have important military applications. The Soviet Union has acquired much such technology from the west and then has used it to strengthen Soviet military capabilities vis-a-vis the west. This approach to international technology transfer supports general Soviet priorities in science and technology, which emphasize military power rather than international commercial competitiveness or domestic social welfare. The United States and its allies have responded by sharing militarily applicable technology among themselves while denying its export to the Soviet bloc. As of September 1988, neither the Soviet policy of glasnost nor progress in the US-USSR arms control negotiations seems to have changed the primarily military bent of Soviet policy on technology transfer. Sumnner Benson, Ph. D. deputy director for Technology Cooperation and Security in the Office of the Secretary of Defense and is senior assistant to the director of the Defense Technology Security Administration  相似文献   

17.
The articles in this issue of Russian Politics and Law review the role of religion in state-society relations in the former Soviet Union. They examine the role of the Church in several former Soviet republics and show that the Orthodox Churches in former Soviet states share many commonalities.  相似文献   

18.
Conclusion Throughout this article, the primary emphasis has been on how the courts in Canada and the United States have decided to apply international human rights standards, many of which have been incorporated into national constitutions, in extradition cases. The emphasis on national courts reflects the particular North American experience, where only limited jurisdiction in these matters exists in the relevant international forum, the UN Human Rights Committee. Accordingly, resort must be made to domestic constitutional rights.In order to give practical effect to international human rights obligations in Canada and the United States, courts can play a useful role, in addition to the role exercised by the executive branch of government. The ambit of this role depends upon the point at which judicial interference is viewed as necessary to protect fundamental rights and override considerations of international cooperation. In Canada the point has been located where there is a risk of treatment that is simply unacceptable178 or that would shock the conscience. In the United States, courts have in the past demonstrated a degree of willingness to probe into potential violations that would be expected if extradition were to be granted and that would offend a federal court's sense of decency.180 However, there is dispute about the propriety of this encroachment on the rule of noninquiry. Recently, the pendulum has begun to swing toward applying the rule of noninquiry more stringently and, at present, U.S. courts play a very limited role in examining the motives behind an extradition request and the procedures or punishment that likely await an individual upon return to the requesting state.While there are many differences between the constitutional regimes of protection in Canada and the United States as compared with the multilateral treaty protection of the European Convention, there appear to be a number of parallels in interpretation and application. Continued scrutiny of the jurisprudence from both sides of the Atlantic could benefit each jurisdiction.This article was originally prepared for an international workshop on Principles and Procedures for a New Transnational Criminal Law, organized jointly by the Society for the Reform of Criminal Law and the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991. The views expressed herein are those of the authors themselves and do not necessarily reflect the position of the Canadian Department of Justice.B.A., University of Winnipeg 1975; LL.B., University of Manitoba 1978; LL.M., University of Toronto 1980.LL.B., University of Manitoba 1980; B.A., University of Manitoba 1986; Dip. Soc. Sci., University of Stockholm 1988; M.A., University of Toronto 1989.  相似文献   

19.
REVIEWS     
《The Modern law review》1967,30(5):591-606
Ethics in Medical Progress: A Ciba Foundation Symposium. The Constitutional History and Law of Southern Rhodesia 1888–1965. By Claire Palley. Uganda: The Development of its Laws and Constitution. By H. F. Morris and James S. Read. Deutsches Staatsangehörigkeitsrecht. By Alexander N. Makarov. Civilians and the NATO Status of Forces Agreement. By G. I. A. D. Draper. The Doctrine of the Legal Equality of States. An Inquiry into the Foundations of International Law. By P. H. Kooijmans. Les Conditions de Recevabilité des Requêtes Individuelles Devant la Commission Européene des Droits de L'Homme. By Anne-Marie Nay-Cadoux. European Institutions. Co-operation, Integration, Unification. Second edition. By A. H. Robertson, B.C.L. (Oxon.), S.J.O. (Harvard). Resale Price Maintenance. Studies edited by B. S. Yamey. Principles of Local Government Law. Third edition. By C. A. Cross, M.A., LL.B. An Outline of English Law. By H. K. Black and D. J. Latham Brown. The Law of Real Property. By R. E. Megarry, Q.C., M.A., LL.D., and H. W. R. Wade, LL.D., D.C.L. Third edition. Archbold: Criminal Pleading, Evidence and Practice. Thirty-sixth edition. By T. R. Fitzwalter Butler and Marston Garsia, Barristers-at-Law. The English Bar: A Priesthood. By Barnett Hollander.  相似文献   

20.
Editor in Chief,Criminal Law Forum: An International Journal; Distinguished Professor, Rutgers University School of Law, Camden, New Jersey, United States; B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972.  相似文献   

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