未来我国民法典不宜采用“一般人格权”概念

"一般人格权"是民法"生出"的宪法权利,它不像人格权那样可以以具体化的形式作为民法中的权利样态。无论是以演绎法还是以归纳法来构建我国人格权体系,都会得出"一般人格权"与现有的人格权体系相龃龉。未来我国民法典应以"一般条款"替代"一般人格权",使人格权体系变成以具体人格权为主体,辅之以一般条款的立法模式。     

The opposition Pakatan Rakyat in the twelfth Malaysian parliament, 2008–12, and parliamentary behaviour on the budget process

In the post-2008 Malaysian general election, the opposition political parties the Parti KeADILan Rakyat, the Pan-Malaysian Islamic Party and the Democratic Action Party started to gain currency, especially when the ruling Barisan Nasional (BN) government was denied its two-thirds of the majority in parliament. The 2008 result indicated that there was a substantial shift in support from the incumbent BN to the opposition parties. The opposition later on was formed into a coalition known as Pakatan Rakyat (PR). The minor victory of the PR in the 2008 election suggested that it had secured a considerable number of seats in the twelfth Malaysian parliament. This article argues that the 2008 electoral outcome exhibited substantial competitive parliamentary behaviour despite the authoritarian nature of Malaysia. The article examines PR behaviour in the twelfth parliament with reference to the budget process. Besides elections, the Malaysian parliament is a very crucial indicator of the development of democratic governance in Malaysia. This article argues that the opposition PR is still relevant in the way in which it has fully exercised its legal parliamentary capability, especially its de facto leader Anwar Ibrahim, in questioning and posing constraints on the ruling BN policies concerning the budget process.     

Criminal thinking as a moderator of the perceived certainty–offending relationship: age variations

ABSTRACT

The purpose of this study was to determine whether the perceived certainty of punishment and general criminal thinking interact and whether the effect varies as a function of age. Data from all 1354 members (1170 males, 184 females) of the Pathways to Desistance study were used to test whether perceived certainty, general criminal thinking, and their interaction predicted subsequent offending during late adolescence (16–18 years of age) and emerging adulthood (20–22 years of age). The results showed that while perceived certainty and general criminal thinking failed to interact at age 17, general criminal thinking moderated the effect of perceived certainty at age 21. During emerging adulthood, offending was more common and varied in young adults with low certainty perceptions and high criminal thinking than it was in emerging adults with high criminal thinking and high certainty perceptions or low criminal thinking and either high or low certainty perceptions.     

From polls to votes to seats: Forecasting the 2015 British general election

This paper develops a three-stage method to forecast parliamentary election results from vote preferences in British opinion polls: (1) adjusting and aggregating vote-intentions from different polling organizations; (2) forecasting how public support for parties will change in the period before election day; and (3) translating, through simulations, the forecast of election day vote shares into seat totals while incorporating constituency-level information, including local vote-intention polls. Overall, this approach seeks to combine relevant national, regional and local information, and uncertainty about that information, to better reflect the fragmentation and diversity of political contexts found in the new era of five/six-party British politics.     

Economic globalisation,the perceived room to manoeuvre of national governments,and electoral participation: Evidence from the 2001 British General Election

Recent macro-level research argues that economic globalisation negatively affects electoral turnout by constraining the leeway of national governments and thereby rendering elections less meaningful to voters. This article analyses the link between perceptions of the national government's room to manoeuvre and turnout on the individual level. Drawing on the 2001 British General Election, it is shown that citizens who believe that economic globalisation leaves the national government with less influence on the economy are less likely to report to have voted. Further findings also support the proposed theoretical model according to which room to manoeuvre perceptions affect turnout via views on the importance of elections and matter specifically for citizens that tend towards the left side of the left-right scale.     

Gender Equality as a General Interest of a Pluralistic Society: An Analysis of Constitutional Precedent in Colombia

The article explores the relationship between the legal principles of general interest and gender equality, both consecrated in Colombia's 1991 Constitution. Through an analysis of the precedents set by the Constitutional Court, the article provides a hermeneutical approximation of the behaviour of jurisprudence concerning the general interest. It demonstrates how this principle could be used to foster a more encompassing definition of gender equality. The precedents set by the Constitutional Court have opened up the spectrum of women's rights so as to grasp their relation to the principle of general interest as well as their basis as fundamental rights.     

有限遏制:一般预防的局限

重刑威吓论与古典功利论对刑罚一般预防作用的夸大与迷信导致了一般预防论曾一度遭到挑战与否定。当代一般预防论者在肯定刑罚具有一般预防功能的同时也承认其局限性。他们普遍认为,一般预防的局限性表现在多方面。本文介述了被当代一般预防论者所公认的一般预防的局限性的5个主要方面,即对不同的人的效果不同、对不同的犯罪效果不同、在不同地域效果不同、对不同的社会群体效果不同与因执法的严肃程度不同而不同。     

和平发展与普世价值

中国走和平发展道路,必须顺应时代潮流,将本国利益同世界各国共同利益紧密结合起来。在全球化时代,中国要与世界各国构建"价值共同体",就需要接纳、塑造普世价值,妥善应对西方推广"普世价值"战略,需要将普世价值本身与西方的说词区别开来,同时积极构建中国自己的普世价值体系。     

论现代审前羁押制度遵循的普遍原则

原则作为规则的基础或本源是一种综合性、稳定性原理和准则,其特点是不预先设定任何确定的、具体的事实状 态,没有规定具体的权利和义务,更没有确定的法律后果,可称为规则的规则,是法律推理的权威出发点。审前羁 押制度遵循的普遍原则是指设置羁押制度时指导并使羁押制度具体化的原理和准则,是审前羁押制度以现代法 治理念为基础所形成的准则,归纳起来就是:程序法定原则、必要性原则、例外原则、比例原则、司法裁判原则和法 律救济原则。