论沉默权制度在我国的实现

随着依法治国及建设社会主义法治国家理念的不断深入,根据客观形势要求,刑事诉讼法应当进一步实现民主化和公正地确保被追诉者的诉讼权利。刑事诉讼民主化、科学化已是世界性潮流,保障被追诉者的诉讼权利是其中的内容之一。在我国刑事诉讼法中是否应当确立沉默权的问题已引起法学界的广泛关注。本文就沉默权的概念、起源、发展、理论基础以及我国确立该制度的必要性和可行性等作了阐述,提出了设立沉默权原则的立法模式以及修改刑事诉讼法的构想。     

A ‘whole system’ approach to the choice of electoral rules in democratizing countries:: Senegal in comparative perspective

Authoritarian incumbents in democratizing countries choose electoral rules to retain power while accommodating opposition demands for increased participation and representation. We clarify the political logic of this institutional choice and its consequences in Senegal by employing a ‘whole system’ approach that emphasizes the intricate but often hidden relationships between elections and the rules governing them at multiple levels — presidential, legislative and local. Success at one level depends on performance at all levels. In the short run, multiple-level electoral reforms preserve the ruling party in power while expanding opportunities for, but also fragmenting, the opposition. In the long run, they encourage splits within the ruling party and help the opposition develop increased ability to coalesce around a single opposition candidate, resulting in the defeat of the authoritarian incumbent and a democratic transfer of power through competitive elections.     

Candidate-centric systems and the politicization of ethnicity: evidence from Indonesia

When and why do electoral candidates politicize ethnicity? From the literature, we might expect this behaviour to occur during democratic transitions or under proportional rules. However, empirical support for these arguments is mixed. This article presents a new approach, arguing that candidate-centric rules offer candidates incentives to politicize ethnicity. The argument is tested in Indonesia with empirical evidence drawn from coding newspaper reports on campaign events, endorsements and group appeals. Indonesia used party-centric rules from 1997 to 2004, and even though the country democratized during this period, the politicization of ethnicity actually declined. I show how party-centric rules, coupled with a national economic crisis, encouraged candidates to campaign on broad national platforms of reform and development, thereby appealing to the poor rather than to ethnic groups. Between 2004 and 2009, the system became more candidate-centric and the politicization of ethnicity increased. I argue that changes in the system freed candidates from national party platforms and motivated them to campaign on their local connections with ethnic groups. This study is particularly pertinent amidst the push for direct candidate-centric elections in the developing world and the lack of literature on how such rules could affect ethnic politics.     

War,democratization, and generational cohort effects on participation in Japan

Studies show that both democratization and war mobilization boost levels of participation enduringly among members of the generational cohort that come of age around the time. But little is known about the relative effects of war mobilization and democratization on long-term participation rates among impressionable generations that experience both. We address this question by examining generational cohort effects by gender, drawing on newly available data on the case of Japan. Age-period-cohort analyses of the Survey on Japanese Value Orientations (1973–2013) show that the increase in lifelong participation rates of the “war generation” over prewar generations was much greater for men than for women, thus suggesting that the high rates of participation among members of this cohort are driven more by mobilization than by democratization. This finding yields significant implications for the analysis of democratic consolidation in different parts of the world.     

Constrained, pragmatic pro-democratic appraising constitutional review courts in post-Soviet politics

This paper conceptualizes the behavior of higher courts in the politics of former Soviet republics and attempts to set up a framework for the study of democratic contributions by post-Soviet constitutional courts. Although political expediency is noted to be the central driving force behind the judges’ decisions in politically sensitive cases, as courts are subject to different constraints from quasi-autocratic executives, it is argued that constitutional review tribunals are generally pro-democratic in their political orientation and that they can become the allies of pro-democratic parties in transitional periods of elite change. To support this proposition, this paper proceeds from a series of theoretical arguments to empirical observation of judicial behavior in times of political uncertainty, the latter being a perfect test for probing the political orientation of the courts.     

US democracy assistance programs in Ukraine after the Orange Revolution

The 2004 Orange Revolution failed to skyrocket Ukraine into the ranks of consolidated democracies. Some previous research claimed that, in the similar case of post-Rose Revolution Georgia, its vague democratic perspectives can be explained by, among others, a negative impact of politically biased US democracy assistance programs. This article examines five groups of US programs (electoral aid, political party development, legislative strengthening, NGO development and media strengthening) implemented in Ukraine in 2005–2010, and concludes that US diplomatic support for the pro-Western “Orange” leadership did not translate into political bias of US-funded democracy assistance programs.     

Second Elections and Democratic Consolidation: the Experience of Bhutan

This article examines the phenomenon of the second election after democratization in developing countries. Unlike the euphoria that often accompanies the immediate post-democratization election, the second election gives clear evidence of the progress of democratic consolidation or whether the new regime has incorporated authoritarian elements and become a hybrid. To measure the democratic gains or losses that are seen in the second election, an analytical framework has been adopted comprised of three dimensions: regularity, openness and acceptability. This framework is applied to Bhutan where the second election took place in 2013. The findings are that progress was made on all three dimensions of democratization in the election although some democratic shortfalls were still evident. For Bhutan, the overarching concern for political stability is seen to have greatly affected the design and implementation of its electoral system.     

Glamorous politics or political glamour? Content analysis of political coverage in Russian glossy magazines

This article analyzes political and social themes of Russia's glossy magazines which represent the few remaining public spaces for surviving freedom of speech and expression in that post-communist country. As authoritarian nature of Russian political system deepens, the democratic openings often appear in unexpected places. Content analysis of two glamour monthlies, one (GQ-Russian Edition) intended for male audience, another (Cosmopolitan-Russia) – for female readership, shows consistently oppositional (anti-Putin) thrust of both publications, but also persistent political gender stereotypes. Analysis of these publications, intended for Russia's nascent urban class – traditionally a social strata most associated with democratic impulses – provides an important explanation behind recent democratic protest activities in Moscow and St. Petersburg.     

Taiwan's Quest for Independence: Progress on the Margins for Recognition of Statehood

This article describes many substantive transformations in politics, national self-identification, and economy Taiwan has undergone over the last decade and offers an alternative approach to expediting de jure state status. The transformations speak to significant progress ‘on the margins’ for attaining international recognition. The disjuncture between liberal democracies clinging to an antiquated ‘One-China’ foreign policy approach and the realties of the situation is widening. An alternative avenue to state recognition acknowledges advancements on the margins that justify Taiwan's recognition by others. At the same time, however, Taiwan must hold self-proclamation in abeyance until the breadth of recognition it receives becomes an irresistible force with which the PRC must reckon. The recent transformations coupled with mainland China's growing force projection capability indicate the time is ripe and appropriate to recognize Taiwan's statehood. The United States would be remiss in its avowed commitment and leadership responsibilities for democratic enlargement by not recognizing Taiwan.     

Why might constructed nationalist and ethnic ideologies come into confrontation with each other?

The paper develops a model for examining ethnic conflict in Southeast Asia, using Indonesia as an illustrative case. Ethnic conflict is explained as arising not out of the facts of ethno-cultural pluralism, but rather out of the disentwining of the three visions of the nation: as civic community, as ethno-cultural community and as multicultural community.This disentwining occurs particularly in the context of pressures for democratization. Three aspects of politics are identified as promoting the disentwining so as to engender the weakening of the civic nationalist vision, and thence the confrontation between a majoritarian ethno-cultural nationalism and a minority-focused multicultural nationalism. First, the spread of ideas related to democracy generates the spread of liberal forms of the three nationalist visions, alongside the authoritarian forms, and puts the spotlight on the divergences between these visions. Ideas of democracy are then highjacked by ethnic majorities claiming majority rights, and by ethnic minorities claiming minority rights. Second, the patrimonial basis for politics in much of Southeast Asia means that ethnic majorities and minorities alike perceive democratization as the search for responsive patrons, rather than as the search for civic equality. Third, civic nationalism is further weakened by the erosion of faith in the social justice promises of state elites. While these features of politics promote ethnic tensions, they also generate countervailing factors that ensure the political disunity of ethnic minorities, and thereby inhibit the extent of ethnic conflict.