论法律监督的特征

法律监督与监督、通过法律进行监督是具有不同内涵的概念。法律监督的主体只能是检察机关,其地位与行政机关、审判机关平等,其权能由法律明确规定,这就决定了法律监督具有专门性、制衡性和程序性的典型特征。     

诉权入宪:构建和谐社会的宪政之道

诉权是公民的基本权利,是公民人权的重要内容,是公民获得司法救济、实现权利的前提和基础。基于诉权启动的司法审判程序是保障人权实现的最有效的机制。从宪政的角度把握诉权的宪法权利属性,站在构建和谐社会的高度认识诉权入宪作为宪政实现策略的实践意义,必须首先在宪法中明确规定诉权,提升诉权的保障水平,并通过诉讼法和实体法对诉权加以具体化和规范化,完善诉权的宪政保障体系。     

When Terrorism Hits Home: Domestic Newspaper Coverage of the 1998 and 2002 Terror Attacks in Kenya

Analyzing newspaper coverage of the 1998 Nairobi and 2002 Mombasa terrorist attacks by the Nairobi Daily Nation and East African Standard finds that generalizations from Western sources, such as newsworthiness criteria and coverage of government officials and terrorists, appear similar in Kenyan media, although interpretation of the attacks were colored by a “developing world” perspective in some respects. Terrorists also ironically are more prominent in subsequent attacks, although perhaps only when they fail to inflict heavy damage and casualties. The second attack also brought far more criticism on the Kenyan government, which may have implications for similar events in other countries.

Adhabu ya kaburi aijau maiti (The corpse knows the torment of the grave).

—Swahili proverb     

Engaging Modernity: the political making of indigenous movements in Bolivia and Ecuador, 1900–2008

Most analyses of the recent indigenous mobilisations in Bolivia and Ecuador (as well as other Latin American countries) have sharply divided the new indigenous politics from earlier class-based political projects of the left. The emergence and mass-appeal of indigenous movements, in these analyses, are rooted in ethnic and cultural cleavages between indigenous peoples and the rest of Bolivian and Ecuadorean society. This article argues that a political interpretation of indigenous movements in these countries gives a more coherent explanation for their historical trajectories as well as their present situation, in particular their high degree of articulation with other popular political actors. Its historical section describes the emergence of indigenous movements in Bolivia and Ecuador as part of an engagement with modernity that began in the first half of the twentieth century as part of the cross-ethnic projects of unions and radical parties of the traditional left and put indigenous communities into positive relationships to the modernizing Bolivian and Ecuadorean states.     

Ensuring that Regional Trade Agreements Complement the WTO System: US Unilateralism a Supplement to WTO Initiatives?

In the mid-1990s, the policy debate within the WTO focused onwhether regional trade agreements (RTAs) were building blocksor stumbling blocks for the WTO system, essentially questioningwhether regionalism was appropriate at all from an economicpolicy perspective. Given the proliferation of RTAs since thattime and the inability to roll back the clock, that policy debatehas been replaced by a search for strengthened constraints onRTA activity that might ensure it complements the WTO system.Three major controversies within many existing RTAs are theexclusion of agriculture from coverage, complex and restrictiverules of origin, and varied treatment of the application oftrade remedies. Despite some competing policy considerations,it is likely, on balance, that the WTO system would benefitif agriculture was required to be included in RTA coverage,if RTA rules of origin were simplified and liberalized, andif the controversy surrounding RTA treatment of trade remedieswas cleared up. However, the search for constraints within theWTO system to achieve these results, either through the Dohanegotiations or the dispute settlement system seems unlikelyto succeed in the near future. Accordingly, enhanced and extendedefforts by the US, either unilaterally or in conjunction withits RTA partners utilizing its negotiating leverage, may bea necessary supplement to efforts within the WTO in ensuringa more harmonious relationship between RTAs and the WTO system.     

从法学角度看新型农村合作医疗制度建设

新型农村合作医疗制度是解决当前农民看病难、看病贵、因病返贫等问题的重要保障。目前我国新型农村合作医疗在制度设计层面存在诸多缺陷,严重阻碍了新型农村合作医疗制度发展。这其中的主要原因是缺乏完善的法律制度。因此要想提高新型农村合作医疗的效果,就必须从法制建设人手,尽快制定全国统一的《农村合作医疗法》,来保持新型农村合作医疗制度规范、有序、有效。     

我国鉴定人出庭质证制度的完善

鉴定人出庭率低是我国司法实践中的普遍现象。造成该现象的原因是多方面的,其中最主要的原因在于我国法律规定的不完善。借鉴国外立法的相关规定,对于完善我国鉴定人出庭质证制度不无裨益。