论共同犯罪与犯罪构成

犯罪构成作为划分罪与非罪的根本标准,适用于一切犯罪行为。共同犯罪作为犯罪的一种特殊形态,在犯罪构成上具有自己的特性,表现为修正的犯罪构成。共同犯罪理论只有以犯罪构成理论为基础,以共同犯罪的修正的犯罪构成,来认识和理解共同犯罪,才能为共犯的定罪量刑提供科学根据。     

Party convergence and vote switching: Explaining mainstream party decline across Europe

How can one explain the significant vote losses of mainstream parties across Europe in recent years? In this article, it is argued that mainstream party convergence is an important determinant of the recent political and electoral volatility in European party systems. More specifically, it is hypothesised that as mainstream parties converge on the left-right scale, voters will switch from supporting a mainstream party to a non-mainstream party in the next election as they look for an alternative that better represents their ideological views. To test these theoretical expectations, data is combined from the Comparative Study of Electoral Systems and the Manifestos Project for nearly 15,000 vote choices of individual voters in 30 elections in 16 West and East European countries from 2001 until 2013. The findings have important implications for understanding the recent rise of non-mainstream parties, the changing nature of party systems and the increasing complexity of cabinet formation across Europe.     

我国违宪审查机构的模式选择

虽然我国目前建立违宪审查制度的条件还不成熟,但学者仍可探讨“将来”需要时,该机构的设置模式。根据我国国情,这一机构放在最高法院内较为合适,或设一个宪法庭,进行专门审查;或不设宪法庭,由各审判庭做附带性审查,但需辅之以宪法咨询;或就违宪审查案件组成特别陪审庭,陪审员可在学术性的宪法委员会成员以及社团代表或普通民众中产生。     

The 1996 Split of the Islamic Movement in Israel: Between the Holy Text and Israeli-Palestinian Context

This article aims to explain the causes and meaning of the formal split of the Islamic Movement in Israel into two factions—following the decision to participate in the elections to the fourteenth Knesset (Israeli parliament) on May 29, 1996—while locating these in a larger theoretical framework. This split resulted from a delicate combination of doctrinal-ideological controversies relating to secular electoral competition and historical-political-tactical controversies that are rooted in the Israeli-Palestinian context. Specifically, the split of the Islamic Movement in Israel derived from two interpretations of the Islamic belief: a more literal or concrete interpretation and a more abstract one.     

略论方法牵连犯中的方法行为

牵连犯属于刑法理论中的难点之一,在司法实践中影响也较大,在定罪量刑方面起到重要的作用。本文通过对方法牵连犯中的方法行为进行分析,提出方法行为与方法、实行行为、预备行为等概念的区别,以便实践中对方法牵连犯的准确把握。     

Parliamentary Voting Procedures in Comparison

Increasingly, scholars of legislative politics propose comparative analyses of parliamentary voting behaviour across different countries and parliaments. Yet parliamentary voting procedures differ dramatically across parliamentary chambers and ignoring these differences may, in the extreme, lead to meaningless comparisons. This paper presents a first glimpse at a comprehensive data collection effort covering more than 250 parliamentary chambers in 176 countries. Focusing on European legislatures it assesses what explains the differences in the rules among chambers. It is found that incentives linked to MPs’ visibility contribute to explain the transparency of the adopted voting procedures.     

The international diffusion of electoral systems: The spread of mechanisms tempering proportional representation across Europe

There is an assumption in much of the electoral engineering literature that domestic episodes of electoral system choice occur in a vacuum, isolated from international influences. Yet this assumption remains largely untested, despite the comparative focus of much of that literature. This article focuses on part of this gap by considering two electoral mechanisms that seek to limit party system fragmentation under proportional representation – low district magnitudes and high electoral thresholds – and shows that the mechanisms have spread across many European countries during the post‐1945 period. Analyses reveal that national legislators are more likely to adopt one of these electoral mechanisms when a large number of peer countries have made similar choices within the last two or three years. This effect is robust to various model specifications and to the inclusion of multiple controls. The article also offers some qualitative evidence from case studies and parliamentary debates.     

Territorial Polarization in Brazil's 2014 Presidential Elections

The 2014 presidential elections showed a growing political polarization based on regional differences in Brazil. Against this backdrop, President Dilma Rousseff was re-elected by the slimmest margin ever obtained by a Brazilian president. Rousseff's Workers’ Party (PT) has held the presidency for the past 12 years, gaining widespread support for reducing social inequality and maintaining macroeconomic stability in the country. However, as the latest presidential elections show, this support for the PT and its presidential candidate has eroded. This article argues that as a result of fiercer competition for votes, a more politically polarized discourse was used in the presidential campaign to mobilize voters around Brazil's regional divide between the richer south and the poorer north. In the analysis, the article attempts to elucidate possible causes of territorial patterns of voting in Brazil's 2014 presidential elections.     

Political Corruption and the End of two-party system after the May 2015 Spanish Regional Elections

The autonomous elections held on 25 May 2015 took place simultaneously in 13 of the 17 Spanish autonomous communities (CCAA), leading to the most profound change in the autonomous party system seen in Spain in the last 20 years. A significant number of Spanish citizens hold the two main parties—the PP and the PSOE—responsible for being unable to solve their economic problems and for having pursued their austerity policies and containment of social expenditure to the extent of giving rise to the greatest inequality experienced in Spanish society in history. Furthermore, and as important as the economic crisis, support for the new parties, Podemos and Ciudadanos, has been linked to the emergence in Spanish public debate of party regeneration and the corruption scandals that tainted the main parties and most institutions in the years prior to the elections on 25 May 2015.     

Government accountability and voting choice in Italy, 1990–2008

Between 1996 and 2008 Italy has experienced four government alternations in as many consecutive elections. It could be argued that after the dramatic party change that occurred in the early 90s the Italian system is in a state of constant flux and voters appear rather bewildered. This paper presents an opposite argument, showing that voters' choice reflects the greater importance of valence politics – performance, the economy – acting as a cue to voting behaviour, interacting with a long-term political predisposition. In turn, this promotes parties' responsiveness and accountability since the overall performance of a government – even of a coalition government – appears as a goal to be shared by all partners, under the threat of defeat for all. The analysis is carried out employing the Italian National Elections Studies series.