程序正义与控辩平衡制度构建

程序正义理念的发展经历了漫长时期。随着人类文化的融合,人们对程序正义的认识逐渐趋同并集中体现在国际公约所确认的众多司法准则之中。无论是学者的理论还是国际公约,平等价值映照下的控辩平衡是程序正义最重要的制度设计。与国际刑事司法准则相较而言,我国刑事诉讼制度控辩关系失衡,应进行制度上的构建。     

航空国际私法领域中弱者利益保护问题初探

21世纪国际航空运输已成为各国人员和货物流动的主要方式,一旦发生航空事故常常伴随着机毁人亡的灾难性后果。作为消费者的旅客和托运人这一弱势群体利益的保护和救济便成为人们关注的焦点和司法实践的主要问题之一。本文主要对航空私法领域中弱者利益保护的必要性、保护的方法和公约的立法方面作初步探讨。     

保障当事人诉讼权利的基本课题

在司法文明指数报告中,考察当事人诉讼权利的基本思路,包括设计二级指标和测试题目两方面内容。通过分析指数报告,可以发现当事人诉讼权利的保障情况总体不佳。保障当事人诉讼权利,应当强调发挥法院的作用;而未来改革的基本课题,包括如何防止权力主体滥用自由裁量权,以及如何为权力主体依法行使职权提供必要的外部保障。     

Issue ownership attack: how a political party can counteract a rival’s issue ownership

Abstract

A central part of representative democracy is that voters evaluate political parties based on how competently they handle issues, so-called ‘issue ownership’. Since issue ownership is a central ingredient in the vote choice, rival parties often try to influence how voters evaluate a competing party. This is an issue ownership attack. However, despite intense scholarly interest in issue ownership, the understanding of how parties shape issue ownership is very limited. Therefore a new theoretical model is tested here to understand issue ownership attack. Using several survey experiments, the analysis shows that a mainstream party can counteract another mainstream party’s issue ownership by reframing the issue and by blaming the party for its performance, but not by changing its own position on the issue. Hence, the study not only advances the understanding of issue ownership stability and change but also brings important insights on how parties influence voters.     

The 2019 Greek parliamentary election: retour à la normale

Abstract

The July 2019 parliamentary election was the first national election since Greece officially exited the eight-year bailout programmes in August 2018. It was preceded by three ballots on European Parliament, regional and municipal elections in May 2019, which served as a decompression valve for the electorate to punish the incumbent government and indicate a clear will for governmental change, since the conservative party ND won by a landslide. Whereas ND’s victory in the parliamentary election was anticipated, it was its scale that would define the shape of the new government. Increasing its score by 11.76 points since September 2015, ND won 39.85% of the vote, securing a comfortable majority of 158 out of 300 seats. This is the first majority government in Greece since 2011, marking the return of the country to a new normality. Even if SYRIZA failed to deliver the anti-bailout programme which had initially brought the party to the centre of electoral competition, it still gathered 31.53% of the vote, losing just 3.93 points since its last victory in 2015, hence securing its place as one of the two key actors in the new two-partyism. Party fragmentation was limited to six parliamentary parties instead of eight, with the neo-Nazi party, Golden Dawn, having lost its parliamentary representation.     

Scripted Messengers: How Party Discipline and Branding Turn Election Candidates and Legislators into Brand Ambassadors

Political parties with strict party discipline are well-placed to demand that their election candidates and legislators promote the party brand. The franchise-franchisee relationship causes representatives to relinquish individual expression in exchange for centralized party messaging. This article looks at how a strategic desire for party unity combines with internal brand management to turn lower-ranking politicians in a parliamentary system into party brand ambassadors. Our Canadian case study draws on in-depth interviews with party leaders, Members of Parliament, political staff, candidates for office and prospective candidates. The implications for representative democracy in a Westminster system are considered, including the representational constraints for racial and sexual minorities.     

Argentina's Landmark 2003 Presidential Election: Renewal and Continuity

This article provides an analysis of the political and socioeconomic context of the April 2003 presidential elections, focusing particularly on the campaign platforms of candidates, the outcome of the first round and the election's consequences for the party system. The election's results were far reaching in many respects. Argentina's longstanding two-party system came to an end with the virtual vanishing of the Radical party (UCR) at the national level. An evolved political culture resulted in new, more rigorous criteria for the selection of candidates. Finally, new political parties (MNR and ARI) emerged that could conceivably improve the quality of democratic governance in the future. In short, the 2001–2002 crisis fostered a significant degree of political renewal. Contrary to some predictions, however, the societal rejection of political parties did not result in either the complete demolition of the party system or the wholesale renovation of the political class. In particular, the Peronist party showcased its staying power and uncanny ability to adapt to new political environments.     

香港的政党与政党政治

在港英政府 2 0世纪 80年代开始的政治体制改革中 ,随着选举政治的兴起 ,香港的政党破土而出 ,并逐渐发展起来。香港进入特区时代以后 ,政党的格局趋于稳定。随着政党的形成和发展 ,香港的政党政治也逐渐稳定下来 ,形成香港特有的政党政治。政党和政党政治的发展 ,又改变了香港的政治生态 ,使香港的政治发展出现新的面貌。     

Parliamentary Bills of Rights: An Alternative Model?

This paper examines the emergence of a new model for protecting rights (referred to as the 'parliamentary rights' model) in Canada, New Zealand, the United Kingdom, and the Australian Capital Territory. This parliamentary model is distinguished from the more traditional, judicial-centric, approach to rights protection in at least two ways. The first is that this parliamentary rights model incorporates the notion of legitimate political dissent from judicial interpretations of rights. The second way it challenges the court-centred model is by incorporating the systematic evaluation of proposed legislation from a rights perspective. Both of these features allow for the possibility of a broader range of perspectives on the appropriate interpretation of rights or the resolution of disagreements involving claims of rights than those arising from more judicial-centric bills of rights. The paper assesses whether this alternative approach to rights protection satisfies those sceptics who doubt the virtue or prudence of conceiving of political disputes as legal rights claims for which the judiciary has the dominant role in their interpretation and resolution.     

It's not Economic Interventionism,Stupid! Reassessing the Political Economy of Radical Right‐wing Populist Parties

This paper engages in a comparative analysis of the economic positions of radical right‐wing populist parties in Western Europe. Following Ennser‐Jedenastik ( 2016 ), we argue that those parties’ political economy is best captured in terms of the nativist, populist and authoritarian features of their core ideology, each of which produces a specific set of economic policies independent from the issue of government intervention in the economy. On basis of an analysis of the election manifestos of seven radical right‐wing populist parties in Western Europe in the period 2005‐2015, we argue that those parties share similarities in their economic nativism, authoritarianism and populism, whilst their positions on the traditional role of the state in the economy are more diverse. The findings indicate also a unified ‘nativist’ response to the global financial crisis both in terms of welfare chauvinism and economic protectionism. We discuss the role of internal and external factors in explaining the economic profile of radical right‐wing populist parties.