俄罗斯总统制剖析

本文介绍了俄罗斯现行总统制的主要内容和特点,分析了以总统制为核心的俄罗斯国家权力机制的诸多方面,并联系近年来俄罗斯政坛权力斗争的实例,适当将俄罗斯与其他国家的总统制度作比较,得出俄罗斯是一个集权于总统的总统制国家的结论。     

Commentary: Innovation Policy for a New Era

This commentary offers a response to the Sonderholm, Bird, and Flynn et al. articles, and argues that the current innovation crisis requires more ambitious approaches, as well as a serious consideration of alternative mechanisms for R&D such as prizes.     

Presidential Address: the Declining Significance of the Literature Review in Criminal Justice Scholarship: Towards a New Paradigm

Literature reviews in criminological and criminal justice journal articles have long served as an integral component in our empirical backyard. In this address I explore the value of the literature review in peer-reviewed research articles. I begin by evaluating the merits of the literature review section in empirically refereed research articles. I propose abandoning the literature review, due to its overall insignificance and best practices from other disciplines. Based on reasons outlined in this speech, I elaborate on the strengths and weaknesses of this somewhat controversial notion in the criminological/criminal justice discipline.     

Bridging the Gap: A Pragmatic Approach to Understanding Critical Criminologies and Policy Influence

The longstanding connection between criminological theory, research and the design and delivery of criminal justice policy has been challenged in the last 3 decades by a variety of constraints such as the rise of neoconservative attitudes, symbolic public discourses about crime, and the proliferation of capture, monitor, and detect strategies brought about by technological innovation. Building on Kevin Haggerty’s (2004. Displaced expertise: three constraints on the policy-relevance of criminological thought. Theoretical Criminology, 8(2), 211–231.) exploration of the external factors that challenge the transition from criminological theory to criminal justice policy and practice, this paper considers internal challenges that may also be relevant. By examining two recent critical criminological orientating strategies, namely left realism and constitutive criminology, the paper concludes by suggesting that an integrated perspective which draws strengths from each of these approaches could assist critical criminologists to better influence policy in the future.

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专利制度的产权经济学解释及其政策取向

从产权经济学的视角出发,解释专利的产权性质和专利制度的基本功能,进而从建立和巩固专利权的根本要义出发,提出完善我国专利制度的若干政策建议具有重要的现实意义.     

Legislating Crime Policy from the White House: Presidential Success with Congress in the Passage of Federal Crime Control Policy

Previous research has found that presidents, in general, have the power to influence congress in the passage of federal crime control policy. What has not been fully explored is whether presidential supported bills are more likely to influence congress to pass federal crime control bills. Therefore, this study draws upon the theory that presidents influence congress to test the hypothesis that president supported legislation on crime will achieve greater success in congress than non-supported bills. Analysis of legislative, presidential and congressional data from 1946 through 1996 suggests support for the theory that presidential supported bills are 2.8 times more likely (or 185% more likely) to become law.     

Congressional Elections in Presidential Years: Presidential Coattails and Strategic Voting

This article analyzes voting for Congress in presidential election years. The national Democratic vote for the House increases with the Democratic vote for president but decreases with the Democrats' perceived chances of winning the presidency (anticipatory balancing). The evidence for coattails and for balancing become visible only when statistically controlling for the other. The aggregate evidence for coattails and balancing in presidential years is reinforced by the analysis of National Election Studies (NES) survey respondents. That analysis shows that politically informed voters are more likely to vote for Congress against the party that they believe will win the presidency.     

重构欺诈制度:一个实用主义的分析

纵观欺诈的制度史,经过基督教的道德化改造,对欺诈的规范更强调其主观意图,最终呈现为总则中的欺诈规范,针对法律行为(合同)的效力。这一进路未能看到欺诈制度背后作为加速机制的国家权力。国家和市场在打击欺诈时,可以是同路人,但也可能存在紧张关系。尽管传统民法将欺诈行为与胁迫行为并列加以规范,但就行为模式来看,二者差异明显,欺诈制度与胁迫制度的现代决裂势在必行。欺诈应摆脱合同与侵权的人为区隔,进而充当一种法律救济的触发装置:一方面,应当借鉴刑法上受害人教条学的观念,骗局过于明显且有悖俗内容,而受害人自己却积极参与,不应获得补偿(但不排除引发对加害人的公法制裁);另一方面,在当事人信赖受到影响时,应具体化、个案化和客观化地考察当事人的具体状况从而提出解决方案。欺诈应当重返罗马法的模式:对欺诈的规范优先由特别法进行。     

The Two Faces of Law and Inequality: From Critique to the Promise of Situated,Pragmatic Policy

Over the course of my career, I have navigated a research agenda that moves between scholarly and policy‐oriented research. Building on this experience, I argue that it is time for law and society scholars to take seriously a commitment to engaged scholarship that speaks to a wider audience of stakeholders and policymakers. Three themes frame my proposal to get back in the game of advocacy and policy. First, I consider why we need to rekindle this commitment at this historical moment: inequalities in wealth, income, and social mobility and the rise of mass incarceration and its collateral consequences diminish the foundation required for effective democratic governance to thrive. Second, what our scholarship has to say is key to the framing of pragmatic policy: law and society's focus on law in action and the culture of law are key to understanding the ways in which most policies tend to deliver unintended consequences. Finally, we need to consider how to go about the next step to make our work visible to a wider audience of stakeholders?     

Revitalizing the Antique War Crime of Pillage: The Potential and Pitfalls of Using International Criminal Law to Address Illegal Resource Exploitation during Armed Conflict

This article explores the potential of international criminal law in addressing the problem of illegal exploitation of natural resources in conflict areas, with a specific focus on the war crime of pillage and the prospective role of the International Criminal Court (ICC). It discusses whether the war crime of pillage can adequately capture the phenomenon of illegal exploitation of natural resources during armed conflict, or whether alternative tools or crime definitions might be more useful to address this negative phenomenon. The article examines the practice of international courts in relation to pillage charges and explores their role in prosecuting the illegal exploitation of natural resources. It concludes with some thoughts on whether the revival of the crime of pillage should be perceived as the panacea to the problem of “resource conflicts” or whether it is rather an empty shell.     

Promises or Pitfalls: A Prospectus on Comparative Victimology

Most of the systematic theory and research conducted in the field of victimology has been generated within the past decade. Compendia of the victimological literature are, however, almost entirely devoted to studies within the United States, while little atttention is given to the subject of comparative victimology. This article discusses the victim in a cross-cultural perspective and its importance to the advancement of victimological knowledge. Emphasis is placed on various aspects of victim-criminal justice system interactions and the practical implications of cross-cultural inquiries.