论不追究刑事责任

我国《刑法》和《刑事诉讼法》用三个不同的概念对不追究刑事责任作了规定。《刑事诉讼法》第16条所规定的不追究刑事责任可分为三种情形,但《刑法》第201条第4款中规定的不予追究刑事责任并未归属其中。现行刑事立法在不追究刑事责任的规定中概念不统一,《刑法》在规定不追究刑事责任方面不当缺位,已有的规定也较为粗糙,《刑事诉讼法》缺乏特赦令执行的程序规定,我们有必要完善不追究刑事责任的刑事立法规定。     

Liberal Democracy Series I, 1972–1988: Definition, measurement, and trajectories

The purpose of this paper is to provide the definitional and empirical background to the Liberal Democracy Series I Index of democracy that is available in Bollen (1998) but whose rationale has not been published. More specifically, the paper (1) gives a definition of liberal democracy that has guided the formation of this index, (2) describes measures that correspond to this definition, (3) provides a measurement model that links the indicators of democracy to the latent variables that represent the concept, (4) explains the construction of the Liberal Democracy Series I Index, and (5) compares the Series I democracy measure to two other widely used democracy measures in a latent curve model. The Liberal Democracy Series I Index provides a simple unweighted measure of liberal democracy that minimizes the bias in expert ratings, is highly reliable and highly correlated with the latent liberal democracy variable. The evidenced reviewed here suggests that its measurement properties are superior to the Polity and Vanhanen democracy indices with the exception that it is available for a more limited period of years than these latter two.     

Anthony King: His Intellectual Legacy. Introduction

The Department of Government at Essex University provided a favourable environment for the development of Anthony King's work. While his primary interest was the UK, his intellectual interests were far broader in scope and informed by comparative insights. His key work was on political leadership, but he also made crucial contributions on other issues such as ungovernability. He had a particular concern with the quality of government, reflected in the Blunders book he wrote with Ivor Crewe.     

#Democracy: social media use and democratic legitimacy in Central and Eastern Europe

Since 1989, many of the former communist countries in Central and Eastern Europe (CEE) have made the dramatic change from communist regimes to democratic nations that are integrated in the European sphere. While these sweeping changes have given rise to a successful transition to democracy unlike any the world has ever seen, there remain issues with governance as well as citizen support for the regime. While other studies have shown that mass media can influence a person's attitudes and opinions in the region, none has explored what effect social media can have on orientations toward democracy in the region. In the following paper, I build several hypotheses based on previous studies of media effects and democratic survival. I then employ survey data to empirically test whether social media increases support for democracy. The study finds that not only does using social media increase support for democracy, but also simple usage rather than information seeking provides more consistent effects on a person's support for democracy in CEE.     

The Case of Nord-Ost: Dubrovka and the Search for Answers

The paper reviews the experience of the group Nord-Ost (The Regional Social Organisation for Assistance and Defence of the Victims of Terrorist Acts) as an example of an NGO that has taken a rights advocacy position which has led it into confrontation with the state. Nord-Ost demands the state's accountability for the consequences of its response to the 2002 Dubrovka terrorist attack. Thus, it confronts challenges common to other rights advocacy groups in Russia today.     

医患关系是一种特殊的侵权责任法律关系

医患法律关系性质的界定是正确理解法律、适用法律的基础。我国相关学说虽然多,但仅仅是站在某一个立场,或以某一现象为基础,难免会有失偏颇。理论界的研究尚欠深入,司法实践中也有不少问题。文章从法学的角度论证,医患法律关系的基本性质是民事法律关系,它不属于民事合同关系,而与侵权责任关系有相似,但由于医学科学和医疗行为的特殊性,它应是一种特殊的侵权责任法律关系。     

Negotiating the EU–U.S. Open Aviation Area Agreement 2007 in the Context of Transatlantic Airline Regimes Since 1944

Between 1944 and 2002, the United States sought to create a competitive and commercially driven international civil aviation regime. It tried to peel away politically inspired regulations, which fragmented the marketplace, and deliver efficiencies and consumer benefits. In contrast with the American liberal tradition—albeit with limitations—the industry in Europe was over-regulated and largely based on subsidised state-owned carriers with international market quotas. Thus for many years Europe and the U.S. followed different paths; but political and economic dynamics conspired together in the 1980s and early 1990s to produce remarkable change in the European Community and, by 1997, there were the makings of a competitive and lightly regulated single market, which brought it close to U.S. practice. Since 2002, the United States has been less liberal in its airline policies; the EU has been more liberal. It would be an irony indeed if the great regime liberaliser since 1944 were now to become a force of regulatory conservatism that denied consummation to the vision of a transatlantic open aviation area that could be a magnet to draw in the rest of the world into a truly global commercial airline market.