Los poderes fácticos mediáticos y el surgimiento del Estado híbrido en México

The process of institutional overlapping that developed in Mexico between formal traditional constitutional powers and mass electronic technologies, which gradually attained factual positions in the second half of the 20th century and the beginning of the 21st, changed the nature and basic governing functions of the national State. Thus, mass media power gave rise to a novel mixing phenomenon that generated a new type of “hybrid State”. The corresponding new historical Republic with a highly political and media oriented nature modified the structure and scenario of the conventional contemporary nation state. The evolution of this historical reality has not yet come to an end, but instead continues to develop with an enormous amount of dynamism and force towards new stages of transformation of the State, public space, and society as a whole, without knowing its final outcome due to the strengthening of factual media power while the major branches of government are gradually weakening. Consequently, society needs to critically engage in an objective analysis of this strategic phenomenon, its phases of transformation and the viable alternatives for recovering the national development path.     

The Islamic State and the New Tribalism

This article focuses on the apocalyptic zeitgeist of the Islamic State through the lens of what we call the New Tribalism. It finds that IS emerged from the Al Qaeda (AQ) milieu, but soon split with AQ as the messianic excitement surrounding Al-Baghdadi and his teachings grew. In common with previous millennial/messianic movements in all three “Peoples of the Book”—Judaism, Christianity, and Islam—IS soon evolved beyond the laws of the normative faith (antinomianism). We hold that for this reason, despite its claims of faith and fealty, IS has left the Islamic Umah behind, becoming a malign sectarian group of its own whose dynamism and successes are attracting a global audience and support from Muslims in almost every country. This helps to explain such abhorrent practices as forced conversion, sexual servitude, the destruction of historic artifacts, and mass executions. We find that the American invasion of Iraq was the vital first step in a series of events, which gave birth to IS. A thorough review of IS history and political culture traces these historic moments in time.     

Globalization,State Autonomy and the Fight against Cross-Border Crime: Greater China's Cooperation with the World

Although globalization has stimulated the rise in cross-border crime, it does not really undermine the autonomy of the mainland Chinese state, the Taiwan state, and the city-states of Hong Kong and Macao. Instead, through cooperation with law-enforcement agencies in other countries, the law-enforcement agencies of these four places, notably the police and customs, have ensured the persistence of state autonomy vis-à-vis cross-border criminal groups and individuals. In the case of Greater China (mainland China, Taiwan, Hong Kong and Macao), interstate cooperation involving the police and customs can maintain state autonomy vis-à-vis criminal groups and individuals. The mechanisms of such interstate and intergovernmental cooperation embrace the sharing of criminal intelligence, the occurrence of anti-crime joint operations, the holding of seminars and conferences, and the administrative arrangements of extraditions. In a nutshell, intergovernmental cooperation in the combat against cross-border crime can maintain state autonomy in the midst of globalization, as the case of Greater China shows.     

The Relationship Between State Government Performance and State Quality of Life

Abstract

This article examines the relationship between government performance and quality of life in the American states. We contend that the management capacity of state governments should have direct, tangible impacts on the overall social and economic well‐being of state citizenry. In order to test this idea, we examine the influence of state management capacity (using the 1999 Government Performance Project grades), alongside other economic and political variables, on two prominent measures of state quality of life—The Morgan Quitno “Most Livable State” Index and State Policy Reports' (SPP) “Camelot Index.” We find that both state economic conditions and governmental policy priorities have significant impacts on state performance levels. But, our results clearly indicate that the management capacity of state governments also contributes directly to improving the overall quality of life for state citizens.     

我国刑事赔偿制度的完善

刑事赔偿是对公民权利进行救济的最后屏障,在归责原则上经历了过错原则到无过错原则的演进,体现了对国家责任的认可.我国已经颁布了统一的《国家赔偿法》,侵犯人身权之刑事赔偿得以广泛关注,但侵犯财产权之刑事赔偿尚存在诸多问题,在财产权被宪法确认为公民的一项基本权利后,完善我国刑事赔偿势在必行.刑事赔偿制度既包括对实体性要件的界定,如刑事赔偿参与主体、赔偿范围、赔偿标准和方式;也包括程序性规范的具体设计,即狭义的刑事赔偿程序和追偿程序.     

论规制堕胎行为的考量

堕胎的问题,无论是医学伦理学还是生命伦理学抑或在法学领域内已早有讨论,但对胎儿是否为"人"或"位格之属性"尚未有定论。再者,就胎儿和孕妇关系而言,从"位格"特性之实体性、关系性、目的性分析了作为合二为一的"独立性实体"与"关系性实体"之间的关系,作为"关系实体"的胎儿应受到应有的尊重。德国联邦宪法法院坚持国家利益的立场,限制堕胎行为,对自由堕胎行为进行了规制,但也存在例外情形;美国堕胎案中,最高法院在韦德案秉持的是一种自由主义,堕胎是孕妇的一项宪法所保护的隐私权,而在凯瑟案中最高法院采取了限制堕胎自由,国家为了保护潜在的生命,可以限制堕胎。自此,堕胎自由式微,国家对胎儿有保护义务。     

"五族共和"思想的内涵与实质探析

"五族共和"思想包括共和政体下"国家之统一"、"民族之统一"和民族(种族)平等三重含义.孙中山代表南京临时政府对"五族共和"思想及其政策主张的表述来自此前"共和统一会"对"统一"的解释.由于辛亥革命胜利后,资产阶级认为国内的种族不平等和政治不平等问题均已解决,因此,"五族共和"思想表现在民族问题上的实质属于资产阶级性质的民族同化,通过民族同化从而实现民族的统一.     

The inconsequence of negative statehouse evaluations on ballot measures: Evidence from survey experiments

Existing scholarship about ballot measure voting and elite cuegivers suggests that the express endorsement of an unpopular legislature on a statewide ballot measure will depress voter support. Despite seven tests across two decades on both high- and low-profile measures, it did not. This null finding is in keeping with macro-level patterns of strong public support for the more than 4000 legislative referrals approved by voters in the past century. Consequently, we propose that the influence of an elite endorsement on voter behavior is more complicated than past research suggests. Specifically, in keeping with the seminal observation made by Hibbing and Theiss-Morse (1995) that American political cynicism is more a matter of distaste for certain political practices than for actual political institutions, we suspect that when voters are overwhelmed by policy proposals that are both unfamiliar and complex, they may find assurance in the imprimatur of their General Assembly.     

论国家机关、国有事业单位不能成立单位犯罪——以经济分析法学为视角

将国家机关、国有事业单位作为单位犯罪的主体会导致大大降低相关犯罪的刑罚成本,并不利于对此类犯罪的预防。根据以经济分析法学方法进行的分析,国家机关、国有事业单位均不宜成为单位犯罪的主体。     

美、英司法审查受案标准的演化及其启示——以私人承担公共职能为考察对象

起始于上世纪70年代末的公共行政改革,通过合同外包、行政分权等多种手段,使私人成为某些情况下公共职能的承担者。私人对公共行政的实质性参与,引发了诸多行政法问题,其中最紧迫的挑战在于如何将司法审查拓展至承担公共职能的私人主体,而这取决于司法审查受案标准的确定。美、英两国的司法审查已分别对私人承担公共职能作出了回应,即将"行为标准"纳入司法审查受案标准的判断体系,我国可考虑在现有的"主体标准"之下,扩展引入"公共职能"标准,以回应公共行政主体多元化的改革现实。