公民养老权涵义论析

养老权是一项基本人权.在我国,养老权的权利主体是60周岁以上的公民,养老权的义务主体是国家、社会、家庭和个人.养老权的内容包括生活保障权、医疗保障权和受赡养扶助权.养老权具有普遍性、资格性、基础性、社会性、综合性的特点.     

应然与实然——刑事被追诉人知情权的现状评析及其扩展

刑事被追诉人(即犯罪嫌疑人、被告人)知情权(或称知悉权)是伴随程序主体地位的确立而提出来的.现代刑事诉讼理念要求在诉讼构造的设计方面,努力追求控辩双方的平等对抗.结合我国的刑事司法实践,就需要强化被追诉人的防御权体系,以追求攻防的相对均衡,而知情权则是这一防御权体系的前提和基础.我国现行的刑事诉讼法关于被追诉人知情权的规定尚存不足,需要强化并改进.对被追诉人知情权的探讨离不开对现有法律规定的分析,需要从实然与应然的角度做出评析,不仅要明确知情权,而且还要保障知情权的实现.     

Electoral volatility and parties’ ideological responsiveness

For a number of decades now, scholars have been indicating that ties between citizens and parties are eroding. As a consequence, electoral behaviour has become more volatile and also more unpredictable. The consequences of this process of change on parties’ strategic behaviour have, however, received little attention. In this article, the impact of dealignment on parties’ strategic behaviour is examined, with the focus being on the extent to which parties are responsive to the mean voter. The expectation of dealignment allowing parties ‘to move around more freely’ leads to the hypothesis that parties are more responsive in a context of dealignment. The analyses provide evidence that is in line with this expectation. Ideological responsiveness is conditioned by the level of volatility in the electorate. The conclusion to draw from these results is that dealignment, which profoundly affects voters’ behaviour, leads parties to become more responsive to the mean voter.     

How people organise cultural attitudes: cultural belief systems and the populist radical right

Political scientists generally agree that all individuals structure their cultural attitudes in the same unidimensional fashion. However, various populist radical right parties remarkably combine moral progressiveness with conservatism regarding immigration-related issues. This suggests that the structuring of cultural attitudes among the electorate may also be more complex than typically assumed. Applying Correlational Class Analysis to representative survey data, the study uncovers three cultural belief systems. For individuals adhering to an integrated one, all cultural attitudes are interdependent, as typically assumed. However, two alternative belief systems are also uncovered: intermediate and partitioned. In the latter, positions on one cultural attitude (e.g. ethnocentrism) are barely related to positions on others (e.g. rejecting Islam or opposing homosexuality). The existence of multiple cultural belief systems challenges the widely held assumption that all people organise their cultural attitudes similarly. Both political party agendas and individuals’ education level and religion appear key to understanding variation in belief systems.     

Demonisation and electoral support for populist radical right parties: A temporary effect

Since the 1980s, Western Europe has experienced the surge of populist radical right parties. In an attempt to ward off these electoral newcomers, established parties have pursued strategies of disengagement, such as exclusion and de-legitimisation. This study examines the electoral effects of an excessive form of de-legitimisation, which we label ‘demonisation’. We estimate the effects of demonisation on electoral support for the Dutch Freedom Party (PVV) and its predecessor Groep Wilders. Time series analyses show that demonisation has a negative effect on electoral support, but only for Groep Wilders. Once the populist radical right party has made a successful entry into the party system, demonisation does not have its intended consequences.     

Gender,populist attitudes,and voting: explaining the gender gap in voting for populist radical right and populist radical left parties

Empirical studies have demonstrated that compared to almost all other parties, populist radical right (PRR) parties draw more votes from men than from women. However, the two dominant explanations that are generally advanced to explain this disparity – gender differences regarding socio-economic position and lower perceptions regarding the threat of immigrants – cannot fully explain the difference. The article contends that it might actually be gender differences regarding the conceptualisation of society and politics – populist attitudes – that explain the gender gap. Thus, the gap may be due, in part, to differences in socialisation. The article analyses EES 2014 data on voting for the populist radical right and the populist radical left in nine European countries. Across countries, the gender gap in voting for the PRR is indeed partly explained by populist attitudes. For populist radical left parties, the results are less clear, suggesting that populism has different meanings to voters on the left and on the right.     

The rise of the far right in Greece and opposition to ‘othering’, hate speech,and crime by civil and civic organizations

This article focuses on forms of opposition to ‘othering’ and far-right politics in present-day Greece. This opposition takes a variety of forms, comes from a range of actors, and is motivated by a number of concerns with differing assessments of what should be done. More specifically, the article focuses on the far right in Greece and discrimination, hate speech, and hate crime against the ‘other’ from the perspectives of those who are active in mobilizing against racism and counteracting the country’s populist and neo-nationalist turn. Concentrating on the forces opposing discrimination, the analysis describes present-day social movements and actions from grassroots to governmental level, their strategies and politics, their diversity of thought and action, and their contribution in providing the resources for social change, and the production of new meaning in the context of anti-racism in Greece. Trying to provide answers as to how social movements and activists produce meaning, we argue that activists develop less intentional, inadvertent meanings which emerge in the course of the not-always conscious schemas of their struggle. This calls for a more dynamic explanation of the relationship between practice and meaning-making in social movement contexts.     

沉默权：一个无法沉默的话题——从我国刑诉法“应当如实回答”谈起

我国刑诉法规定了犯罪嫌疑人面对审讯人员的审讯：“应当如实回答”的义务,使其在刑事诉讼中处于不利的地位。是否赋予犯罪嫌疑人沉默权,由“口供本位”转向“物证本位”,彻底改变目前的侦查模式,是我国刑事诉讼法修改的一个不容忽视的重要问题。     

权利平衡视野下的被害人保护

我国在被害人权利的保护与救济方面,存在着诸多失衡与不足等问题。目前,这些问题已逐渐成为人们关注的焦点之一。如何解决权利平衡视野下被害人保护的问题,既是完善和谐司法的需要,也是构建和谐社会的必然要求。     

明星模仿的侵权认定与例外——以形象权保护为视角

我国法学界对明星模仿涉及的法律问题给与了很多讨论,讨论的主题涉及明星模仿的方式、侵权构成要件、法律规制等方面。目前来看,理论界对于明星模仿侵犯了权利人的合法权益并无异议,但对于认定侵权的标准和侵犯了权利人何种权益等问题仍有待进一步讨论。本文试图引进形象权的概念和形象权理论中＂附带使用＂规则对明星模仿侵权相关理论进行分析。