基于一个案例展开对绑架罪疑难问题的思考

绑架罪中的故意不具有可分性,完整的绑架罪故意涵盖非法拘禁和敲诈勒索两方面内容,但不能人为地将绑架罪的故意进行分割,认为仅仅是非法拘禁故意和敲诈勒索故意的简单叠加.诱骗可以成为绑架罪的实行行为,但需具备控制被害人人身自由的现实性.实力控制被害人与发出勒索的威胁原则上无需具备同时性.但是“诱骗型”绑架由于对于被害人人身的危险是比较微弱,所以“诱骗”成立绑架要求在实力控制被害人的同时向其亲友发出威胁.在向其亲友敲诈勒索之后杀害被绑架人的,对罪数不产生影响,仍然定绑架罪一罪.在杀害被绑架人之后向其亲友敲诈勒索的,前行为构成绑架罪,后行为构成敲诈勒索罪和诈骗罪的想象竞合.     

Continuity and Change in the Constitutional Experience of the German Jews

Despite the progress of Emancipation in the nineteenth century,German Jews were required to to legally recognized Jewish communities.Even after this requirement was lifted, Jewish communal liferemained strong. The community structure that the Prussian stateexpected the Jews to implement was modeled after German civiladministration. This framework, however, resembled both medievalGerman and medieval Jewish models. Thus, German Jews, whilemodernizing their own communal institutions, continued to maintainboth their own and their German neighbors' political traditions.The German Jewish communal constitutions attest to a Jewishpolitical tradition of adaptation to prevailing gentile norms,as well as retention of ancient Jewish elements.     

The Chilean presidential elections of 1999–2000 and democratic consolidation

This article examines the campaign and the outcome of the presidential elections held in 1999–2000 in Chile. It argues that the election marks a crucial phase in the consolidation of democracy in Chile. It can be seen as the first “normal” election since the return to democracy in 1990. It was unusually competitive and the result was in doubt until the second round vote. The election was notable for its emphasis on the future. Issues of the past were largely ignored ‐ as was the position of General Pinochet in London. The campaign of the Right was based upon an above‐party appeal while that of the ruling coalition relied on the traditional weight of parties in Chile. The result can be seen as an endorsement of the policies of the Concertacion government, but it also represented a resurgence of the Right. The victorious candidate, Ricardo Lagos, has stressed his commitment to social justice and to equity ‐ but he faces the problem of a governing coalition with internal differences still to be resolved, and a Right better placed to be a formidable opposition.     

The liberal tradition and the ‘Lib‐Lab Pact’

This article examines the ‘Lib‐Lab Pact’ in the light of Liberal Party history and is written from a viewpoint sympathetic to Liberal Party aims. It sketches the Liberal view that the party's decline was the result more of leadership failure than of failure to respond to social and economic change and poses the question whether the present Liberal leadership is not in danger of continuing a tradition of strategic error. Finally, it suggests that if Liberals are to make headway politically they must adopt a more ruthless attitude to politics.