公诉变更问题研究——以刑事诉因变更制度为视角

刑事诉因变更制度具有制约起诉变更权、限定审判对象和保障辩护权的重要意义.我国现行制度框架内,对公诉变更问题中存在的指控事实和指控罪名随意变更问题,不仅缺乏相关的法律规制,而且有剥夺刑事被告人基本防御权之虞.英美和日本的诉因变更制度中对公诉和审判权行使范围的限制和对被告人防御权的保障值得我们借鉴和学习.     

专业建设视阈下本科院校应用经济学学科建设的思考

学科水平是衡量学校办学水平的标准,专业建设则是衡量人才培养质量的标准。以山东青年政治学院为例,探索并思考本科院校应用经济学学科建设,并提出:学科建设与专业建设是协同共生的统一体,要统筹规划,整体推进;专业建设的核心是人才培养模式改革和课程建设,精品课程建设是课程建设的重要任务;对地方新建本科院校经济学专业来说,应注重实验教学,构建"双线式"实践教学体系。     

The Impact of Political Leadership on Organisational Performance: Evidence from English Urban Government

Many commentators view the political management reforms of English local government with some scepticism, raising concerns about the desirability of stronger leadership and the efficacy of institutional reform in encouraging stronger leadership. Using data from a five-year evaluation of the impact of the Local Government Act 2000, this paper reports evidence suggesting that institutional variation does influence the way that organisations operate and can have a positive impact on their performance, though the results are mixed with the internal decision-making elements showing most difference, whilst there is less evidence of effects in relation to partnership working and engagement with the public. In hung and balanced authorities an internal focus on managing coalitions and party competitors is judged to impede the role of leaders in partnership working. In the concluding section, the paper develops the concept of facilitative leadership, which will continue to influence reform of local government and the practice of political leadership in local government. Policy-makers, by giving leaders the right mix of resources and incentives, can improve the effectiveness of urban political leadership and encourage the trend towards facilitative leadership.     

中国图们江区域（珲春）国际合作示范区与跨境经济合作区建设路径研究

2012年4月13日,中国图们江区域（珲春）国际合作示范区正式获批,示范区是在东北亚区域合作路径趋向双边或多边合作模式以及“多元平衡”的中国对外开放新战略的背景下应运而生,是中国沿边开发开放的六大支点之一。珲春示范区在中长期发展目标框架下,重点建设“四大基地”。经过一年多以来的发展,示范区建设已取得一定成效,为建立跨境经济合作区奠定了重要基础。     

Transforming international communications strategies

The strategy used by governments to communicate with foreign populations has changed dramatically in the twentieth century. The need perceived by governments to use such a strategy in the first place derived from numerous social changes in the 150 years before World War I, most particularly the increased role played in politics by the masses organized in nation‐states. The shifting strategy of persuasive communication since then forms part of a broader transformation of international political communication which includes technological change, organizational developments, and absolute but not necessarily relative growth in international communications transactions.

The predominant strategy developed in World War I was propaganda. It used fairly straightforward appeals to rationality, sense of morality, and such important but readily accessible emotions as hatred. Its excesses, especially the wide dissemination of atrocity stories which did not bear up well under later dispassionate examination, at once made all propaganda suspect and alerted governments to the necessity of refining their communicative techniques for the eventuality of future international conflicts.

The years before and during World War II saw international communicators—especially Goebbels in Nazi Germany and the Anglo‐American psychological warriors—develop a new strategy which utilized new knowledge about the psychological roots of human behavior. In addition to straightforward appeals to the consciousness of individuals, they sought to manipulate their audiences by playing on their deep‐seated desires and fears. Of particular importance for Nazi Germany were the allegedly racial ties of the individual to a people and the need for figures of authority.

First major experiments were made in World War II to develop an even more basic strategy of international communication: structuring the situation in which people learn their predispositions, perspectives, and behaviors. Its basic idea is to create situations in which the communicator does not have to tell the targeted audience anything at all, but in which the audience, left to its own devices, can only come to the conclusions desired by the communicator. Thus strategic bombing sought to destroy the morale of the enemy's home front and, through that action, to weaken its war‐making capacity. The postwar occupation of Germany originally sought to create a new environment in which Germans could be reeducated to democracy. Subsequent emphasis has also been on communications aimed at generating certain predispositions, such as a desire for consumer goods or a particular political style, which then spawn appropriate perspectives and behaviors.

This new strategy of structural communication has its limits. The most important of these is the difficulty of controlling all aspects of a foreign population's communications environment (which includes traditions, face‐to‐face networks, and conflicting sources of information). The potential importance of the strategy nonetheless makes it likely that governments will continue to work toward its development and implementation for their own international political purposes.     

中国宪政建设三十年:成就与问题

现行宪法颁布实施以来,我国人民代表大会制度不断完善,选举制度日趋民主,法治建设成效卓著,宪政建设的进步是有目共睹的,但存在问题也是值得认真反思的.未来我国的宪政建设要致力于改善执政党的执政方式,强化权力机关的民意代表性和最高权威性,在选举中引入竞争机制,建立与人民代表大会制度相容的有效的违宪审查机制.要循序渐进推进宪政改革,在解决中国现实宪政问题的过程中创设具有中国特色的宪政理念和宪政模式.     

The Campaign Disconnect: Media Coverage of the 2000 South Carolina Presidential Primary

Campaigns are an interactive process in which candidates, outside groups, the media, and voters communicate with each other to create an information environment that allows the various participants to construct meaning and form an understanding of the candidates and the campaign. Presidential primaries add a layer of complexity to this process as candidates and the press deal with both local and national audiences. In this article, we analyze the campaign communications in the 2000 Republican presidential primary in South Carolina—including candidate ads, mailings, and phone calls; local and national newspaper coverage; and network television coverage. We find that there was a disconnect as news media often focused on events and issues that diverged from the messages of the candidates' campaigns. In addition, we find substantial differences between local and national media coverage of the primary resulting from their distinct audiences and the reporters' own understanding of the local context that created significantly different information environments for voters in the state and those out of the state. We consider the implications of these findings for how voters and journalists understand the candidates as well as the challenges presidential candidates face in simultaneously campaigning locally and nationally.     

Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office: Victim Status,Extraterritoriality and the Search for Principled Reasoning

In Human Rights Watch v Secretary of State for the Foreign and Commonwealth Office the UK Investigatory Powers Tribunal found that the relevant standard of ‘victim status’ that applies in secret surveillance cases consists in a potential risk of being subjected to surveillance and that the European Convention on Human Rights does not apply to the surveillance of individuals who reside outside of the UK. This note argues that the Tribunal's finding regarding the victim status of the applicants was sound but that the underlying reasoning was not. It concludes that the Tribunal's finding on extraterritoriality is unsatisfactory and that its engagement with the European Court of Human Rights case law on the matter lacked depth. Finally, the note considers the defects of the Human Rights Watch case, and the case law on extraterritoriality more generally, against the backdrop of the place of principled reasoning in human rights adjudication.     

缺失与生成：农民工犯罪问题研究——社会资本理论视角的分析

农民工犯罪问题已日益引起社会的关注。以苏州工业园区农民工犯罪问题为蓝本,以社会资本理论为视角分析得出的结论是：社会纽带断裂、社会结构解体、公民参与不够、社会信任不足等导致的社会资本缺失,是引发农民工犯罪现状的不可忽视的重要社会因素。强化农民工与社会的纽带、稳定社会结构和构建社会信用体系,是增加社会资本存量、提高社会控制能力、减少和预防农民工犯罪的合理取向。     

How to control interception-does the UK strike the right balance?

This Article critically analyses the regime for intercepting the content of communications under the Regulation of Investigatory Powers Act 2000 in the light of the recent ruling by the European Court of Human Rights in Kennedy v the UK. It looks at the safeguards for privacy protection provided such as the requirement for a warrant and the roles of the Investigatory Powers Tribunal and the Interception of Communications Commissioner and whether these safeguards are compliant with Article 8 of the European Convention of Human Rights.