刑事附带民事诉讼案件调解方法的思考

在审理刑事附带民事诉讼案件时,坚持在严惩罪犯的同时,充分利用法律赋予的调解职能,围绕刑事诉讼这一主线,克服就案办案思想,积极调解,使刑事责任和民事责任相容相济,通过调解使二者在法律与情理上得到互补,从而达到被告人服判、被害人息诉的良好效果。从近年来的司法实践看,初犯、过失犯、未成年犯等刑事案件和邻里纠纷引发的刑事案件也不在少数,通常像这类犯罪,被告人和被害人没有太深的过节,被告人愿意通过赔偿希望得到从宽处理,而被害人也愿意得到经济上的赔偿,谅解     

From polls to votes to seats: Forecasting the 2010 British general election

This paper outlines and discusses techniques for three stages in forecasting parliamentary seats from British opinion polls: adjusting and aggregating published vote-intention figures from across different polls; forecasting how public opinion might change before election day; and predicting the seat totals from the forecasted election-day vote shares. Specifically, we consider a state-space model for opinion polls which correct for house effects and other sources of survey error, the estimation of the historical relationship between polls and the election-day share of the vote, and a probabilistic approach to predicting the winner in each constituency.     

The dynamic properties of individual-level party identification in the United States

Central to traditionalist and revisionist perspectives of individual-level party identification is a debate about the stability of party identification. We revisit the debate about the dynamic properties and processes underlying party identification. We present a conceptual framework that defines heterogeneity and state dependence as endpoints of a continuum underlying partisan stability, which is important in understanding an individual’s capacity for updating partisanship. Using panel data from the 1992-1996 National Election Study, we estimate dynamic, random effects multinomial logit models of party identification that distinguish between heterogeneity and “true state dependence.” In accord with traditionalist perspectives, our evidence suggests that in general, minimal state dependence underlies party identification; party identification is strongly stationary. However, we find that age enhances the magnitude of state dependence, which provides some support for revisionist theories. Overall, our work showcases how explaining individual-level dynamics expands our knowledge of partisan stability.     

Electoral institutions and campaigning in comparative perspective: Electioneering in European Parliament elections

This article develops and tests a number of competing expectations (institutional, party and individual) about what influenced the campaign activity of individual parliamentary candidates for the 2004 European Parliament elections. The principal interest is in the effects of variations in the design of electoral institutions across the Member States of the European Union. Based on the analysis, it is argued that an important distinction needs to be made between campaign effort and campaign goals, with electoral institutional factors having a more significant role over the latter.     

台湾社会的历史记忆与群体认同

近十几年来,台湾当局极力推行＂去中国化＂的政策,制造新的历史记忆,极力歪曲真实的历史,企图割断台湾与中国大陆的关系,为建构台湾的所谓＂国族认同＂、分裂祖国的政治目的效力。本文应用历史记忆与群体认同的相关理论,结合台湾的实际,研究台湾当局制造历史记忆与群体认同的过程、手段、目的及其对建构群体认同的影响,指出台湾社会现有的历史记忆与群体认同是可以改变的、必须改变的,而重构历史记忆与扩大群体认同是有利于两岸人民的一种选择。＂双重认同＂的观点是可取的,应当让两岸关系和平发展的过程成为两岸共同重构历史记忆与国家认同的过程。     

Vigilante justice in post-communist Europe

Five cases in which the names of former secret informers who supplied information to the communist secret political police were unofficially disclosed are discussed in terms of the motivations of their authors, their timing relative to 1989 and their countries’ lustration and file access legislation, and the information they make available to the general public. After contrasting them with civil society efforts to promote transitional justice and unofficial truth projects, it becomes evident that these unofficial disclosures were animated by revenge as much as the quest for unveiling the truth about communist repression.     

Russian revisionism: Holocaust denial and the new nationalist historiography

Holocaust denial has appeared in Russia only recently and has attracted almost no attention in the academic sphere, and relatively little from monitoring organizations. The research for this article - examining the place of Holocaust denial in contemporary Russia - was conducted over three months in Russia and on the Internet. The results indicate that the phenomenon remains of marginal significance and that the majority of material is of western origin. While there are several factors that make the development of Holocaust denial probable - the comparatively high level of antisemitism in Russia, post-Soviet suspicion of historiography and lack of education about the Holocaust - the Soviet war experience and associated anti-Nazi feeling arguably act as restraints on those who would propagate it. Rock concludes that Holocaust-denial material is of less importance than other antisemitic revisions of Russian history that have entered the mainstream of contemporary Russian society.     

The Domestication of Violence: Forging a Collective Memory of the Holocaust in Britain, 1945-6

Stone engages with his subject on two levels, the theoretical and the empirical. On the theoretical side, he argues for the meaningfulness of the term 'collective memory' by showing how the response to the Holocaust in Britain served certain communal needs. 'Collective memory' here is the way in which a group produces narratives of the past which enable it to perpetuate itself, to take account of the past without disturbing its own self-definition. On the empirical level, Stone shows that this response was one which domesticated the horror of what had occurred in order to make its narration bearable. The process was by no means a deliberate whitewashing of the murders; it demonstrates how, in the construction of collective memory, the most painful episodes are unconsciously written out or integrated into more uplifting stories. For example, the murder of the Jews of Europe was frequently tied into a narrative of catastrophe and redemption in which the Zionist cause signalled the Jews' ultimate triumph over adversity. Looking at well-known texts and figures such as James Parkes, as well as lesser-known ones, Stone shows that 'collective memory' is a useful term for understanding the way in which texts and rituals combine to construct (whether consciously or otherwise) a certain understanding of the past. In the case of the British response to the Holocaust in the immediate post-war period, this meant a failure to recognize the full enormity of what had taken place, and the incorporation of the murders into culturally familiar narratives.     

‘The Secret Nazi Network’ and Post-World War II Latvian Émigrés in the United States

This study of post-World War II political refugees from Latvia in the United States during the 1970s and 1980s uses data from American and Latvian periodicals, printed materials and archival records to uncover the complexities in small immigrant groups’ collective memory, political position and relations with the dominant group. When a number of Latvians were accused by the Office of Special Investigations of having lied on their immigration forms about their collaboration with the Nazis, this story gained political undertones and propelled the émigré community into an intra-group debate over its history and public image.     

Racial composition,sentencing reforms,and rates of incarceration, 1970–1980

Association with delinquent peer groups is one of the most salient predictors of delinquent behavior. Despite the widespread documentation of these effects, little is known about whether the delinquent peer effect is conditioned by individual‐level characteristics. Using data from a multi‐wave survey of Mexican‐American adolescents, this study explored the interactive effect of susceptibility to peer influence and differential association with delinquent peers on delinquent outcomes. Results suggested that the delinquent peer effect on self‐reported delinquency is amplified when an adolescent is highly susceptible to peer influence. Analyses also indicated that this moderating effect varies according to offense seriousness. Specifically, the conditioning effect is most important when considering acts of serious delinquency.