“能动司法”及法治论者的焦虑

依法治国建设社会主义法治国家是我国社会发展的战略目标。而现阶段最高人民法院所倡导的能动司法却在某种程度上远离了法治的目标。因为能动司法在总的方面松动了规则与程序的严格性,其理论导向是消解法治。我们必须看到,能动司法应该是附条件的、具有方法论属性,如果存在确实需要"能动司法"的场景,也必须要服从宪法法治至上和实现社会公平正义的社会主义法治精神或理念。     

Russia and the illicit arms trade

Since the disintegration of the Soviet militaryindustrial complex, the prospect of conventional armsand nuclear, chemical and biological weapons of massdestruction and their ingredients finding their wayfrom Russia into other hands has become a matter ofconcern for both the Russian Federation and theinternational community. This article explores thescale, forms and consequences of illicit transfers ofconventional arms and weapons of mass destruction andtheir ingredients from the Russian Federation into theinternational community. Russian military and securityforces seem to have been the main sources of a widerange of illicit conventional arms, whether as aconsequence of the participation of Russian armedforces in regional conflicts or as a consequence ofthe sale of equipment by corrupt officers, the covertcommercial export by Russian arms manufacturers beinglargely confined to small arms and light weapons. Theillegal diversion of nuclear, chemical and biologicalmaterials from the Russian Federation seems to havebeen less than was at one time feared but Westernco-operation with the Russian Federation to reinforceexisting nonproliferation regimes remains a highpriority.     

俄罗斯死刑状况论析

反对"国家杀人"的废止死刑运动已成为国际趋势。历史上,俄罗斯死刑经历了从私刑向国家刑罚转化之后,死刑强弱同封建政治统治变化之间密切关联,其间不乏废止死刑的努力。苏联虽大力推动死刑废止,反而出现了特定时期的死刑滥用,死刑长期处于"明废而实有"的状态。加快国际化进程,尤其是加入欧盟的努力,为俄罗斯死刑废止注入了强大的推动力。但与此同时,国内社会矛盾多发,有组织犯罪严重,特别是面对极端纳粹组织———光头党的血腥行为,俄罗斯完全实现死刑废止,面临着国内民意以及各种政治势力间的极大挑战。     

Tarnishing Opponents,Polarizing Congress: The House Minority Party and the Construction of the Roll‐Call Record

Existing research on congressional parties tends to focus almost exclusively on the majority party. I argue that the inattention to the House minority party hampers our understanding of the construction of the roll‐call record and, consequently, our understanding of the sources of polarization in congressional voting. Employing an original data set of House members' requests for recorded votes between 1995 and 2010, I demonstrate that votes demanded by the minority party are disproportionately divisive and partisan and make Congress appear considerably more polarized based on commonly used measures. Moreover, minority‐requested votes make vulnerable members of the majority appear more partisan and ideologically extreme.     

Perceptions of Economic Inequality and Support for Redistribution: The role of Existential and Utopian Standards

Perceived greater economic inequality is supposedly associated with higher demand for redistribution. However, the findings in the literature are mixed in this regard, with some researchers providing evidence in favour of this association and some findings evidence against it. Given that perceived economic inequality and endorsement of system-justifying beliefs are related to increased inequality acceptance, we explore the interplay between them in relation to support for redistribution. This study is intended to shed light on the role of utopian standards (ideal estimates about what ought to be) as one mechanism that affects the relationship between perceived greater economic inequality and support for redistribution. Based on correlational data (N?=?794), we conducted a conditional process analysis and found that perceived greater inequality displayed a negative indirect effect on support for redistribution, through acceptance of ideal level of economic inequality: Perception of higher inequality was related to increased ideal levels of inequality and thus with lower support for redistribution. In addition, we found that economic system-justifying beliefs conditioned the effect of perceived economic inequality in two ways: First, perceived economic inequality was positively associated with higher acceptance of inequality, and this association was stronger for those that justified the economic system more, and perceived greater inequality was associated with higher support for redistribution—but only for those who endorsed lower levels of economic system justification beliefs. These findings provide evidence that perceived greater economic inequality does not in itself lead to a push for more redistribution; rather, utopian standards such as ideal estimates of economic inequality, which are conditioned by system-justifying ideologies.     

Political corruption in Russia and the Soviet Legacy

Signs of corruption in post-SovietRussia are abundant and its immediate cause, the rapidmove towards the market in advance of theestablishment of a legal infrastructure, readilyapparent. But the unqualified use of the term``corruption' risks substituting liberal judgements ofRussian capitalism for an historically grounded andsociologically informed understanding of Russia'sdeviance from Western standards. Here it is arguedthat ``corruption' in post-Communist Russia can mostusefully be understood as the extension of Sovietcoping strategies, developed in the command economy,to the opportunities opened up by marketisation. Thisoccurred in circumstances where the bureaucratic andideological constraints of the Soviet state were notreplaced by compensatory institutional and legaldisciplines. Rather than corrupting an establishedsystem of rights and obligations Russian ``corruption'represents the extension of the informal culture andpractices of the Soviet system to the opportunitiespresented by emerging Russian capitalism.     

俄罗斯司法制度简介

我国曾经在不少方面模仿苏联构建起自己的司法制度。虽然解体后出现的俄罗斯是资本主义国家,但随着“上海合作组织”的建立和亚太经合组织的密切合作,中俄双方的理解与信任进一步加强,双方经济合作进一步拓展,双方的战略协作伙伴关系的内涵得到了丰富。了解俄罗斯司法制度对促进两国外交关系的发展具有现实的意义,也为我国司法制度的改革提供了可贵的经验。一、巨变后重构俄罗斯联邦司法系统是在原来苏联的司法系统的基础上建立起来的。苏联解体后,俄罗斯社会经济、政治思想领域混乱动荡,民族矛盾激化,武装动乱难以平息。因此营造新的法律环…     

Cooperation Between Russia and the EU in the Sphere of Migration

The author attempts to analyze all aspects of cooperation between Russia and the European Union (EU) within the framework of the migration dialogue. She compares the migration policies of Russia and the EU-28 countries, discussing both common problems—the relationship between migration and development, labor immigration, the fight against illegal immigration—and the specific ways in which each side tackles them. She points out that the migration dialogue has great potential for developing further cooperation, exchanging experience, and strengthening trust between Russia and the EU.     

Information-based trade in Russia and the effects of listing abroad

This paper offers empirical evidence about transaction cost in Russia. After relating empirical measures of information and liquidity to corporate characteristics, competitive theories about cross-listings are tested. Since cross-listings generate competitive effects on transaction costs, potential to affect price discovery exists. The results reveal a lower share of private information for cross-listed firms since more transparent accounting standards reduce the incentives to collect superior information. Robustness for the evidence presented in favor of the legal bonding hypothesis is provided by those firms which list with the highest Russian standards. Measures of information-based trade are lower and the likelihood of listing abroad is significantly higher.     

Russia,Europe, and the New World Order

The very name of our topic, so popular a subject for discussion at the threshold of the twenty-first century and evoked in the title of our article, conceals a dual problem.     

郑振铎与俄藏敦煌文献

1957年秋冬(9月3日至12月2日),郑振铎应邀去东欧访问和讲学,先后到了保加利亚、捷克斯洛伐克和苏联各地,还参加了庆祝十月革命40周年等一系列政治活动.在列宁格勒东方学研究所的4天中,他查阅和抄录了敦煌文献并参观了博物馆等.郑振铎在出访时期,经常给家人和朋友、同事写信,并写有日记.但由于众所周知的原因,郑振铎当时并没有将其公布.目前整理出版的郑振铎日记和书信中保存了他在列宁格勒的见闻和观感,这是对苏藏敦煌文献在公布之前所能见到的最详尽记录,具有重要的史料价值.     

The Devolution of the Electoral System in Russia

The author describes how the democratic content of electoral legislation was eroded in the 2000s, and considers the prospects for a new democratic reform.     

俄罗斯行政救济制度述评

俄罗斯行政救济制度在其国内表述为“行政司法制度”,其形成和发展经历了由权力救济模式向权利救济模式的转换过程。而促成这一转换则依赖于当代俄罗斯奉行的人权保障原则以及经济转轨、政治转型等社会条件。俄罗斯行政救济制度的内容主要包括公民请愿制度、行政重新审查制度、行政诉讼制度、人权全权代表制度以及公民权利的国际司法救济制度等。俄罗斯行政救济制度未来发展的应然选择是改革和完善行政系统内的行政重新审查制度和行政系统外的行政诉讼制度。     

The Future of the West

From the editors of Kommunist: The editors publish Academician T. Zaslavskaia's article with the request that the readers participate in the discussion of little-investigated, debatable problems examined by the author and that they send in their articles, letters, and ideas, which we will publish in a new section of the journal: "Debates and Discussions."     

美国西部"世界花园"神话与美国文学中的西部意识

美国开发西部,最初是为了开辟亚洲市场和南美洲市场。随着人们的不断开拓,西部渐渐成了"世界花园"和远离东部现代文明的宁静的田园乐土,这一观念深入到了美国人的意识深处。尽管开发西部的结果是把西部变成了与东部一样的现代化地区,"世界花园"神话被现实击破,但人们的西部意识并未消失。一旦他们对现代文明有所不适,便想到要回归"西部",在下意识中寻找自由的"乐土"。     

Gangs and governance in Russia: the paradox of law and lawlessness

ABSTRACT

The paper addresses the nature of gang governance. It questions the notion that gangs regulate social and economic transactions and create stable orders in certain territories. It shows that, while presenting themselves as upholders of the ‘law’ in their territory, the gangs also create a climate of uncertainty and fear. The gangs manipulate their own unwritten rules and set up traps for residents and businessmen. These traps are designed to deprive non-gang civilians of presumed rights and identities and extort their money. The paper uses Schmitt’s notion of ‘state of exception’ and Agamben’s idea of ‘bare life’ to explain how gangs function.     

解释学方法论与现代西方心理学

纵观西方心理学百年发展史,解释学对现代西方心理学尤其对理解心理学和精神分析学有着巨大的影响,特别是对现代西方心理学具有方法论的指导意义,主要体现在：以“文本”为对象,以理解和解释为方法,重视整体性和历史制约性原则等四个方面。解释学方法论作为西方心理学方法论的“第三势力”,支持了人文科学倾向的心理学的发展,但同时它自身又具有浓厚的主观主义和非理性主义的色彩     

Russia,NATO, and the "Color Revolutions"

On 12 July, while addressing people he trusted who had helped him in the elections, President Yeltsin finally said something that many people had long wanted to hear from him: Russia needed a new national idea. It may "already be needed in the next presidential elections in the year 2000," the head of state predicted, and hence its development should begin promptly, with the first results visible within a year.