刍议刑法上之单位人格否认

单位人格之否认,是指对于缺乏独立人格的单位所实施的犯罪,否认该单位具有单位犯罪主体的资格,进而直接追究单位背后操纵犯罪的自然人或者其他单位的刑事责任。单位人格否认论,以单位人格的二元构造为基础,其适用范围包括单位缺乏合法身份、缺乏犯罪能力和缺乏刑罚适应能力的场合。     

单位累犯已然立法肯定论之否定

单位累犯是近年来学界探讨的新兴论题。有人认为现行立法已经规定了单位累犯制度。透视单位累犯已然立法肯定论,可见该论不仅在引证宪法条款上反复偷换概念,且在解析刑法条款中严重背离立法本意,有误导司法实践之嫌,故应予以彻底否定。     

The construction of party membership

While the collapse of party membership in the last half‐century has consumed much of the focus of party scholarship, the notion of membership itself is surprisingly under‐theorised. This article presents a tripartite framework for understanding party membership as a constructed concept: from the perspective of the state, the individual and the political party. As organisational mediators and strategic electoral actors, political parties construct varying notions of membership in order to mobilise resources and gain legitimacy, while balancing the participatory demands of citizens with the legal and normative expectations imposed by the state. Using a number of illustrative examples from Europe and beyond, the article analyses the development of supporters' networks and the extension of participatory opportunities to non‐members. Designed in part to address this membership decline and to offer individuals a different way of engaging with political parties, these initiatives are seen as a crucial step in the evolution of modern parties towards looser, more individualised and amorphous networks of affiliation.     

Does Membership on the UN Security Council Influence Voting in the UN General Assembly?

Recent studies report that temporary members of the UN Security Council receive favorable treatment from the IMF, the World Bank, or in US foreign aid in exchange for their political support for permanent members. Nevertheless, few studies have examined whether this favorable treatment and these benefits have actually made any significant changes in the member states’ voting behavior in the United Nations. To explore this question, we investigate whether membership on the UN Security Council influences a state’s voting in the UN General Assembly. In the analysis of panel data for 197 countries over the period from 1946 to 2008, the empirical results show that elected members of the UN Security Council tend to behave similarly with permanent members, especially with the United States, as the number of loan programs signed with the IMF and the World Bank increases. Also, US foreign aid significantly increases temporary members’ vote coincidence with the United States and other permanent members. In this regard, this article contributes to our understanding of state voting behavior and power politics in international organizations.     

Palestine’s Membership in the Commonwealth as a Contribution to a Lasting Peace in the Middle East

With the re-election of Likud leader Benjamin Netanyahu for another four-year term as prime minister of Israel there is a real danger that the peace process has reached an irrevocable impasse. It is argued that bold moves must be considered by the international community to breathe life back into the peace process. To coax Netanyahu into negotiations real pressure must be brought to bear on his government to respect the international consensus on Palestinian statehood and to halt settlement activity in occupied territory. To coax the Palestinian leadership back into a negotiation process with Israel, membership in the Commonwealth should be considered as a stepping stone to membership in the United Nations, to be followed by Israel’s membership in the Commonwealth—but on condition that Israel agrees to abide by international law, and respect the international consensus on the two-state solution, completely freeze settlement activity, including in East Jerusalem, and on condition that Palestine agrees to enter into final status negotiations with Israel to conclude a peace treaty to resolve all remaining disputes.     

必须从战略的高度重视和加强公安基层基础工作

基层基础工作是公安工作的根本和源头.做好这项工作有多方面的重要意义.必须坚持基层基础工作与侦查破案两手抓、两手都要硬;各警种协调联动,形成合力,建立保障制度和措施,切实抓好队伍建设,才能把基层基础工作搞扎实,开创公安工作新局面.     

单位犯罪责任平衡问题

我国采用的是单位犯罪在前,责任人刑事责任在后的立法模式,而我国时于单位的处罚又与我国的立法模式不相适应,由此引起了单位犯罪中单位与个人责任的平衡与协调问题.对此,应该对我国的单位犯罪进行修改,如将单位犯罪的数额标准和自然人犯罪的数额标准规定为一样,将单位犯罪的规定普遍化,可以适用于所有的犯罪,责任人承担刑事责任的数额与单位犯罪的构罪数额相同等.     

单位犯罪对直接责任人员并处罚金刑的检讨——以盗伐、滥伐林木罪为切入点

我国刑法对盗伐林木和滥伐林木两罪都规定了罚金刑,同时,规定单位犯两罪的,实行双罚制,对直接责任人员的处罚和自然人犯两罪的处罚没有任何区别,既要对单位判处罚金,还要对直接责任人员单处或并处罚金.单位犯罪中只有一个犯罪主体,刑法对此设置双重罚金刑是值得商榷的.应当取消单位犯罪对直接责任人员并处罚金规定,同时规定对单位直接责...     

英汉互译"零翻译"研究--兼谈"政法职业学院"校名英译

无论是英译汉还是汉译英,既要考虑译文忠实于原文,又必须避免译文与原文出现语义错位而产生误译,这就要求译者在翻译实践中学会从语言学等级体系里找准原文的“翻译单位”,即找到合适的语言层面作为翻译单位来对原文进行正确的、不引起误解的翻译。如果出现语义错位现象,可作“零翻译”处理。本文试图从“翻译单位”和“零翻译”的视角探讨“政法职业学院”的校名英译问题。     

Is the EU held accountable for economic performances? Assessing vote and popularity functions before and after membership

The EU has become increasingly responsible for the state of national economies over the last decades. Meanwhile, many observers have claimed that this increased responsibility has not translated into more accountability. In this article, we revisit this literature and analyse vote-popularity functions before and after accession because it provides a situation when the EU is an incumbent and when it is not. Using Eurobarometer surveys from 2001 to 2011, which were carried out in the countries that joined the EU in 2004 and 2007, we first show that individuals do not hold the EU accountable for macroeconomic performances before accession, but that they do after accession. Using European Election Studies surveys, we also indicate that the incumbent European Peoples’ Party is held accountable for the state of the economy in countries that are ruled by the EU, but not in countries that have just become EU members.