我国刑事审级制度的重新构建

刑事审级制度是一国司法制度的重要组成部分,它的构建是否科学、合理,直接影响到司法的统一性、正义性、终局性和权威性的实现。从刑事审级制度的重构目标———公正与效率平衡出发,刑事审级制度的设置应坚持职能分级、审判方便和案情轻重原则,在此基础上,重构我国的三审终审制。     

The National-Bolshevik Party and Arctogaia: two neo-fascist groupuscules in the post-Soviet political space

Mathyl examines two representatives of the Russian groupuscular right-Arctogaia and the National-Bolskevik Party-and their emergence after the collapse of the Soviet system in 1991, in the context of the radicalization of Russian nationalism that took place during the inter-Russian power struggle of 1992-3. The ideological arsenal of these groups consists principally of a politico-historical reconciliation between western (neo-)fascism and authoritarian nationalist Russian and Soviet traditions, in which those traditions are intensified and synthesized into a new kind of 'national Bolshevism'. The success of neo-fascist groupuscules demonstrates how potentially explosive the fascist diagnosis of the status quo can behaving been preserved virtually intact since 1945-when it meets with a new situation of high political instability and is employed in intensive political propaganda, as was the case in post-perestroika Russia. Following the nationalists' military defeat in October 1993, the Russian groupuscular right attempted both to maintain the revolutionary impetus and, through a variety of cultural-political activities, to contribute to the gradual enlargement of the nationalist-imperialist project, thereby demonstrating its close connection to the New Right and its strategy of struggling for cultural hegemony. Since the end of the 1990s, there has been, within the groupuscular right, both an increasingly apparent ideological transfer from East to West, and evidence of the growing influence of national Bolshevism on western third-positionist groups.     

Introduction: the history of anthropology

Abstract

On 24 January 1999 a new party was formed by the former Front national (FN) number two, Bruno Mégret. The Front national–Mouvement national was subsequently renamed twice: it became the Mouvement national (MN) following the loss of a court case, and later the Mouvement national républicain (MNR). Mégret claims that the MNR is a party not of the extreme right but of the moderate right, labelled by him the ‘national right’. This is a definition with which many political analysts in France seem to have concurred. In this article Bastow analyses the extent to which the characterization is a true one. First, he outlines the context in which Mégret formed the MNR, focusing on his political background and the strategy which he previously sought to impose on the FN. An extended treatment of the policy proposals put forward by the MNR is then followed by an analysis of the extent to which these amount to a break from an ideology which can be identified as extreme right. He concludes by assessing the prospects for the MNR's success.     

The third molar as an age marker in adolescents: new approach to age evaluation

Adolescence is a relatively short period between childhood and adulthood. It is very difficult to determine adulthood based on biological indicators. The third molar may be considered a potential age marker for the period between the ages of 16–21. Our study evaluated a set of 1700 panoramic radiographs of individuals aged between 5 and 21 years. Results confirmed the statistically significant difference in the course of third molars development. The mean deviation for individuals with one third molar agenesis is ?0.98 years, for individuals with two third molars agenesis ?1.89 years, and with three molars agenesis ?3.28 years. Thus, the extent of the deviation is directly proportional to the number of unformed third molars. The calculation of age according to the mean of stages of all third molars could lead to the underestimation of age. No intergender differences were found. Age determination using third molars could be used for forensic purposes.     

海峡两岸“第三主体”的建构

两岸政治定位的困境在于“一个中国原则”与“中华民国是主权独立国家”之间无法调和的结构性矛盾.国际关系中的建构主义理论对于两岸关系研究具有积极的启发意义.两岸同胞共同缔造的统一的中国不同于现阶段两岸各自认同的政治主体,可以称之为“第三主体”.两岸统一的过程也就是两岸同胞共同建构“第三主体”的过程.     

医责险承保方能否成为仲裁第三人

采用仲裁模式处理矛盾突出又没有太多经济效益的医患纠纷初期,必须要有当地政府的参与并在财力上对仲裁机构予以支持,但长久如此既不利于仲裁模式处理医患纠纷的推广,也不利于仲裁的公正性及仲裁员回避制度的有效落实。如何不依靠政府的财政支持,通过裁决纠纷本身获得合理的报酬维持运行是亟待破解的难题。从制度设计层面看,医患纠纷仲裁模式若能与正在推行的医疗损害责任保险制度进行有效的整合,可能是解决仲裁长期运转费用的一个重要途径。但这种审理与理赔模式的整合,实际上涉及到医患纠纷仲裁是否存在第三人、承保方能否成为仲裁第三人的问题。本文以深圳市医患纠纷仲裁为切入点,对上述问题进行探讨。     

Tarasoff in Missouri: The jurisprudence of a mental health provider's duty to warn and protect non-patients of potential risks from patients

In 1976, the Supreme Court of California issued its well-known Tarasoff Principle. From this principle, other courts found a duty to warn, and some found more than just a duty to warn, a duty to protect. As courts in other states adopted a version of the Tarasoff Principle, they issued a wide variety of third-party liability rules. In light of the dynamic, everchanging Tarasoff jurisprudence in the United States and recent relevant appellate court opinion in Missouri, a timely updated summary and update of Tarasoff-related jurisprudence in Missouri is warranted. In the present analysis, we compiled the four appellate court decisions that pertained to the questions of Tarasoff-like third-party liability in the State of Missouri: Sherrill v. Wilson (1983), Matt v. Burrell (1995), Bradley v. Ray (1995), and Virgin v. Hopewell (2001). We reviewed all legal measures for clinicians to protect nonpatients in Missouri, not just those that relate to protecting nonpatients from violence as in a Tarasof-like scenario. Thus, this paper concisely provides a compendium of such options and allows for a meaningful comparison of which legal, protective measures are mandatory and which are permissive, thereby evoking the question of whether measures of protecting nonpatients from a patient's violent acts ought to be mandatory duties or permissive application of professional judgment.     

What Does ‘Collaboration’ Without Government Look Like? The Network Qualities of an Emerging Partnership

Cross‐sectoral partnerships are increasingly common in Australian human service delivery. Yet research has not often focused on partnerships where private actors broker an arrangement to address complex community needs. Using a combination of interviews, focus groups, and social network analysis (SNA), this paper investigates the network qualities of a nascent partnership between a not for profit (NFP) service provider and a major retail water company that seeks to address financial hardship. Ultimately, we assess whether this represents genuine collaboration or another form of joint action. We find that the privately steered partnership generates instrumental benefits characteristic of cross‐sectoral arrangements, as well as challenges. SNA reveals a very high degree of connection between the partner organisations, but the results suggest that the partnership is coordinative rather than collaborative. We also find that this is leading to tacit organisational and institutional modifications as the NFP assumes a ‘market facing’ posture and adjusts to the demands of working with private sector partners. However, at this early stage of development, the level of systemic adjustment between both organisations remains incomplete.     

Civil society in Georgia: expectations versus reality

Academic analysts, political commentators and activists in Georgia are almost unanimous in their assessment that the public in Georgia is generally passive, civil society is weak, and that this may be one of the key reasons why Georgia – despite numerous democratic openings – keeps failing to consolidate its democratic institutions. In order to measure the strengths and weaknesses of Georgian civil society, the present article uses interviews with respondents from the Georgian non-governmental organization sector and academia on two areas: (a) citizen participation: to what extent is civic participation in the public sphere aimed at advancing shared interests and (b) influence on policy-making: to what extent is Georgian civil society able to foster popular influence on political and economic developments. This paper applies the concept of delegative democracy to contemporary developments in Georgia, and argues that one of the major factors which contribute to this trend in Georgia is a weak civil society and, therefore, a lack of intermediary institutions to safeguard democratic norms.     

也论仲裁第三人制度

目前部分仲裁较发达的国家和国际仲裁机构已经试行了仲裁第三人程序.而我国对于仲裁第三人制度的立场当前正处在徘徊中,部分仲裁机构曾进行过实践,但是现在又放弃了改革.司法实践中曾意图构建该制度,但是迄今尚未完成.而我国的《合同法》、《民法通则》、《公司法》、《保险法》等法律中已有仲裁协议扩展的立法和理论基础,因此,可以在此基础上构建我国的仲裁第三人制度.