新入狱罪犯的特点及改造对策探析

受社会政治、经济发展变化的影响,我省近三年内新收押罪犯的构成出现了新的变化,其心理和行为均出现了新的特征,对刑罚执行工作提出了新的挑战。笔者采取情况普查与个案调查相结合、摸底分析与座谈讨论相结合的方法,对我省2001年1月1日至2003年8月31日期间监狱新收押的罪犯情况进行了调查研究,从新入狱罪犯的构成特点和其心理行为特征分析入手,提出相应的改造对策,为我省的监管安全和教育改造工作提供了有用的参考和必要的理论支撑。     

论制作、贩卖、传播淫秽物品罪的立法完善

制作、贩卖、传播淫秽物品罪就是传播淫秽物品的行为犯罪。现行刑法关于淫秽物品犯罪的规定存在不足,应从罪名确定、法定刑配置、过失罪取消、走私罪调整等方面予以完善。     

Who would vote NOTA? Explaining a ‘none of the above’ choice in eight countries

In this study, we investigate who would vote ‘none of the above’ (NOTA) if this were available on the ballot paper using original data from eight European countries. In particular, we examine whether NOTA would be used by abstainers and voters to protest within the electoral process. We also test whether socioeconomic factors and specific and diffuse support for democracy and its institutions correlate with a NOTA vote. We find that having NOTA on the ballot would reduce invalid balloting more than abstention and much more than protest party voting. Our results also suggest that NOTA is related to socioeconomic status, political interest, political knowledge and distrust in political institutions and authorities, but not to broadly undemocratic attitudes. These findings have important implications for our understanding of the increasingly large amounts of abstention and invalid voting, as well as the growing distrust of political institutions, in democratic countries. They also hold lessons for electoral reformers.     

German gays go green? Voting behaviour of lesbians,gays, and bisexuals in the 2021 German federal election

Previous analyses have shown the existence of a sexuality gap in voting behaviour between those who identify as lesbian, gay, or bisexual (LGB), and those who identify as heterosexual (Hertzog 1996). On the basis of these findings, it is generally assumed that LGBs vote primarily for liberal and left-wing parties because they are most likely to represent the group's interests in the political space. Using the 2021 German federal election as a case study, this article provides substantial findings, showing that, when controlled for the ideological proximity between voters and parties, sexuality affects in several ways how LGBs identify with and vote for parties in Germany. Positive effects can be demonstrated for the Greens, the Left, and – in contrast to previous assumptions – the far-right AfD. This is the first study to examine systematically the voting behaviour of LGBs and heterosexuals in Germany.     

Geographic Representation in Party‐Dominated Legislatures: A Quantitative Text Analysis of Parliamentary Questions in the German Bundestag

Political representation in European democracies is widely considered partisan and collectivist. This article, however, stresses that there is more to the representative process in European democracies than just its textbook version. It emphasizes the role of geographic representation as a complementary strategy in party‐dominated legislatures that is characterized by two distinct features. First, legislators employ distinct opportunities to participate in legislative contexts to signal attention to geographic constituents without disrupting party unity. Second, these activities are motivated by individual‐ and district‐level characteristics that supplement electoral‐system‐level sources of geographic representation. We empirically test and corroborate this argument for the German case on the basis of a content analysis of parliamentary questions in the 17th German Bundestag (2009–13). In this analysis, we show that higher levels of localness among legislators and higher levels of electoral volatility in districts result in increased geographic representation.     

Insurance Law Reform by Degrees: Late Payment and Insurable Interest

Over the last 11 years, the Law Commission and the Scottish Law Commission have worked on a joint project to modernise the law of insurance contracts. Due to the size of the project, the Law Commissions proceeded in phases and separated out specific issues for legislative reform. Their proposals have already resulted in the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015 which brought about significant changes for consumer and non‐consumer insureds and insurers alike. This paper examines two further areas of reform: the introduction of an implied term about payment of insurance claims by insurers within a reasonable time and a statutory restatement of the doctrine of insurable interest. It considers the old and new substantive law and provides an insight into the reform process.     

Los Congresos Estatales y la Política Federal en México: state legislatures and federal policymaking in Mexico

The Mexican Constitution, in the Poder Legislativo, grants state legislatures the authority to introduce legislation (iniciativas de ley) in the federal congress. In this paper the authors examine this powerful mechanism through which the Mexican state legislatures can directly influence policymaking at the federal level. Using a new data set of state-led initiatives, this work: describes the frequency with which iniciativas are introduced; describes the substance, timing, and final disposition of these state-led initiatives; and explains which factors affect the probability of presenting a state-led initiative. The authors find that party competition and partisan divisions at the state and federal levels play a significant role in the use of iniciativas de los congresos estatales. The authors’ study of this peculiar authority granted to the Mexican states contributes to the rich discussion of the changing role of the states in the era of Mexico’s nuevo federalismo.     

论技术规则对行政法规范的渗入

技术规则在行政法规范中占有的比重越来越大,如何处理行政法规范与现代技术规范的关系成为行政立法中必须高度关注的问题。基于此考虑,从技术规则的概念界定、技术规则渗入到行政法规范的必要性、技术规则与行政法规范的立法技术等方面作了探讨。认为技术规则的统计、技术规则的渗入方式、技术规则渗入后行政法关系的性状、技术规则渗入后的法律效力问题是立法时必须把握的。     

也论诱惑侦查的规制--刑事诉讼法再修改的视角

“诱惑”这一刑事法律并未规定的侦查手段在刑事案件的侦查中被广泛应用 ,其对刑事诉讼最终价值目标的实现 ,有着一定的理论和现实价值 ;面临刑事诉讼法的再次修改 ,如果不从立法上对诱惑的条件、范围、对象等予以明确规定、对诱惑的方式进行有效的规制 ,侦查机关的这一侦查行为 ,必将演变为“引诱者”与“被引诱者”的共同犯罪行为。本文从诱惑的表现形式入手 ,结合司法实践及国外有关情况 ,对诱惑侦查的有效规制提出了自己的见解 ,并提出了立法建议。