证据学的大革命——再论实质证据观

实质证据观引发的证据学的大革命，这场大革命的内容包括：以“两论”为基础的学科新体系应运而生；明确了证据学的A、B、C；新建了证据资料的理论；新建了证据效力的理论；提出了证明的构成理论；研究了证明的基本形式；新建了证明的方法体系；新建了全面的证责体系；新建了一系列原则和规则；建立了证明原则的基本理解，提出了实事求是七项原则；确立了实质真实观，新建了实质真实标准；提出了创立新证据制度的初步构想。这一切使我国证据学的面貌焕然一新。这场大革命的终极目标，是要将证据学打造成社会科学中最伟大的学科之一。     

Meiji Japan's China solution to Tokugawa Japan's China problem

The underlying concern of this article is with the function and purpose of the normative imaginary of ‘China’, Chūgoku (Zhongguo) or Chūka (Zhonghua) in the Japanese discourse up to and around the mid-nineteenth century; namely, how it was deployed to make sense of the historical situation facing the contemporaries amid the combined internal and external crises and how it structured the range of options available to them. To exemplify this, we first turn to the debate of the shape of the polity that straddled the critical decades of 1850s–1860s. The self-conscious restoration of a past political ideal was the ostensible justification of the revolutionary overhaul, but in terms of the models of polity, there existed very different versions and understandings of what past could or should be restored. In the classical conceptual language of politics, the choice was between the hōken and gunken model. While the year 1871 saw a closure that cast Meiji as a gunken revolution, the debate continued beyond and the shift of preferences from hōken to gunken needs to be explained. In arguing for Meiji as a ‘Chinese revolution’, we can further point to the surprising degree of overlap between the concerns of earlier Edo-period commentators and the actual factors of the revolution when it finally arrived. Lastly, the normative imaginary of China is shown to have served as the key mediating filter for processing and appropriating the West both before and after the Meiji revolution.     

新民主主义革命时期的中国地方性刑事诉讼规则及其启示

民国各省颁行的地方性刑事诉讼规则对中国现代刑事诉讼制度的初建起到了重要的作用,革命根据地颁行的刑事诉讼规则所确立的一些原则和制度在今天仍有重要的影响。地方性刑事诉讼规则的制定有利于增强刑事诉讼程序的规范性,有利于加强公民权利的保障,对于解决具体问题具有重要的实用价值,对于现代刑事诉讼制度的构建起着重要的探索作用。我们应当正确对待仍将长期存在的中国地方性刑事诉讼规则。     

苏区、抗日根据地和解放区的新道德探析

中国共产党在民主革命时期先后建立了苏区、抗日根据地和解放区。由于社会进步及共产主义思想传播,革命根据地群众的思想观念、风俗习惯发生了巨大变化,形成了新的道德观。新道德集中体现了对人的尊重、贯穿了对迷信的涤荡,且具有一些政治色彩,这些都是当时历史的产物。     

God’s Campesinos? Mexico’s Revolutionary Church in the Countryside

While revolutionary attempts to eradicate religion have been well studied, this article explores a little-known attempt to construct state hegemony within the religious sphere by founding a revolutionary Church (the Iglesia Católica Apostólica Mexicana, or Mexican Catholic and Apostolic Church) in 1925. The article first explores the agrarian ideology of the schism, conceived as a revolutionary form of spiritual modernisation. It then charts the popular reception of the schism in Mexico State and argues that some agrarianised communities appropriated the new religion because it was seen as the spiritual adjunct of land reform, a means of blending popular revolutionary and religious beliefs, and a sectarian political weapon.     

毛泽东对促进我党关于农民问题认识的独特贡献

新民主主义革命时期的各个阶段,毛泽东同志对中国农民问题的认识无论是在深度上还是在广度上都是当之无愧地处在我党的最前列。他的思想和实践,对中国革命的路线、方针、政策的战略性确立和调整都作出了独特贡献。     

The Illusion of Equality: Machismo and Cuban Cinema of the Revolution

This article attempts to show how certain Cuban films both reflect and construct behaviour concerning male–female relations. In so doing, they illustrate how Cuban cinema provided a mainstream cultural forum for controversial and contradictory debates on gender relations. At times, films that attempt to produce images of gender equality, or at least the possibility of this, merely provide the illusion of equality while maintaining the status quo of patriarchy. That is, the images they present of male–female relations appear on the surface to represent an increasing desire to achieve absolute equality between men and women. However, close analysis of these films, using various tools of feminist and feminist film theory, reveals a continuation of certain patriarchal tendencies that the films themselves are attempting to criticise. The films to be discussed are: De cierta manera (Sara Gómez, 1974–1978), Retrato de Teresa (Pastor Vega, 1979) and Hasta cierto punto (Tomás Gutiérrez Alea, 1983).     

Building the Education Revolution: Another Case of Australian Government Failure?

Since the 2007 federal election, the Australian government has implemented a plethora of new programs, many with dual economic and social objectives. A significant number of these initiatives have not only proved unsuccessful, but have also been criticized for their implementation and subsequent administration. This paper examines the Building Education Revolution Program, which commenced in 2009 with the objective of stimulating employment growth and improving school infrastructure, through the analytical prism of the government failure paradigm as well as the literature on “hollowing out” and decentralization. It is argued that the BER Program represents a “case study” of how governments should not pursue large-scale public expenditure programs.     

Egyptian Cinema as a Tool in the Struggle Against Islamic Terrorism

The cinema has been used by Egyptian regimes, from the monarchy until Mubarak, to resist the political agenda of Islamic radicals and terrorists. Edward Said and others describe Islamic terrorists’ images in the Western media as “Western fantasies.” Nevertheless, for Egyptian intellectuals, terrorists were and remain a stark reality. In Egypt, the entire state apparatus was set in motion to fight Islamic terrorism. The state was unprepared for the massive popular uprising of 2011. While the direction that Egyptian culture will follow after Mubarak remains unclear, an important objective is to study pre-revolutionary Egyptian cinema and to understand its ideological tendencies.     

Contentious politics and student dissent in the twilight of the Portuguese dictatorship: analysis of a protest cycle

This article focuses on student opposition to the Portuguese Estado Novo regime, examining the links between the dynamics of mobilization and radicalization and the emergence of new political actors before the fall of the Salazar dictatorship on the one hand, and the revolutionary process which characterized the Portuguese transition on the other. The 25 April 1974 military coup d'état that overthrew the Estado Novo triggered what later came to be known as the ‘third wave’ of democratization; but the Portuguese transition was characterized by elements of rupture that were much more significant than those observed in the subsequent democratization processes of Spain and Greece. This rupture was a result of the form of regime change – a military coup d'état – and was sustained with the mass social mobilization that followed. While key studies have stressed that the political crisis after the fall of regime was the fundamental cause of this exceptional mobilization, the argument advanced in this article is that the pre-revolutionary cycle of protest also explains the particular characteristics of the Portuguese transition.