非法经营罪的立法缺陷与完善

非法经营罪是我国刑法修订后变动最多的罪名,最高人民法院的司法解释、批复不断丰富着非法经营罪的具体行为方式。就目前来说,非法经营罪的体系已变得非常庞杂,这与司法实践中的扩张行为有关,但立法上的缺陷也是导致这些问题出现的重要原因。应采用空白罪状的描述方式,对其立法和司法解释上的扩张问题加以限制。     

山东省农村留守儿童犯罪问题的调查与分析

山东省农村留守儿童的规模较大,已成为一个需要高度重视的群体。特别是西部经济欠发达地区,留守儿童占农村全部儿童的数量已达到一半以上。由于父母与孩子长期分离,家庭结构及其教育功能遭到严重破坏,给孩子的身心健康和行为规范等带来了一系列极其恶劣的影响。留守儿童的不良行为率比非留守儿童高24．50％,违纪率比非留守儿童高12．73％,违法犯罪率比非留守儿童高10．99％,并已达到令人吃惊的12．54％。因此,党和政府乃至全社会都应予以高度重视,把解决农村留守儿童问题当作头等大事来抓,切实为留守儿童营造出一个良好的社会和家庭环境。     

空白票据的法律问题研究

空白票据是随着经济发展和信用制度的发达而产生的,由于它与票据的文义性、要式性等基本法律特征相违背,因而各国立法起初并不承认空白票据的效力.但随着空白票据在日常经济交往中的大量存在,因而有必要对其进行立法上的规制.本文从空白票据的概念、构成要件、效力和失票救济制度四个方面对空白票据进行了粗浅的探讨.     

空白票据有关法律问题研究

空白票据在现代经济生活中被广泛使用,但我国《票据法》对空白票据并没有具体详细的规定。空白票据的补充权、法律效力及权利救济值得深入研究。     

"人去楼空"的法律思考

“人去楼空”是一形象称谓 ,意指经营者违反法律的规定或合同之约定擅自改变经营场所或者随意中断、终止经营的情况。它严重地侵犯了出租人、供货商 ,尤其是广大消费者的合法权益 ,扰乱了社会主义市场经济秩序 ,危害很大。从性质界定、成因分析、法律对策等方面对“人去楼空”现象进行了全面的分析和深入的探讨。     

Labour and Antisemitism: a Crisis Misunderstood

In this article, we argue that Labour’s antisemitism crisis has been misunderstood. We suggest that a more accurate and sophisticated understanding of antisemitism offers a way forward. There are three elements to this claim. First, by drawing on existing data on attitudes towards Jews, we criticise the widespread focus on individual ‘antisemites’, rather than on the broader problem of antisemitism. In turn, we conceive of antisemitism not as a virus or poison, as in so many formulations, but rather, as a reservoir of readily available images and ideas that subsist in our political culture. Second, following on from this understanding, we offer five ways forward. Finally, we set this analysis in the context of a historical parting of the ways between anti-racism and opposition to antisemitism. An anti-racism defined solely by conceptions of whiteness and power, we argue, has proven unable to fully acknowledge and account for anti-Jewish racism.     

The French Constitutional Law of 23 July 2008 as seen by MPs: Working or Talking Parliament?

The French constitutional law of 2008 is, with the modification of 47 articles, the most important revision of the Constitution of the Fifth Republic, at least in quantitative terms. Surprisingly, there have been few attempts to evaluate the effects of the reform, whose official aim was to improve the status of the role of the (traditionally weak) French parliament. The purpose of this contribution is to analyse how MPs themselves judge this reform and its effects, especially on the role of the parliament and its everyday work. To do so we make use of the data of the LEGIPAR research project (September 2009–January 2011): 227 MPs answered closed and open questions about their perception of parliamentary work in face-to-face interviews. The data of the project DEPASTRA (2005–6) allow for a comparison with MPs' positions before the vote of the constitutional revision of 2008.     

‘Spending Wisely: Principles for a Good Spending Review': The First Report of the Fabian Commission on Future Spending Choices

This article examines the work of the Fabian Society Commission on Future Spending Choices published in June 2013. The Commission is undoubtedly the most detailed and ambitious attempt by a centre‐left think‐tank to analyse the structure of UK public spending since Labour's 2010 defeat. The Commission makes an eloquent case for a strategic approach to UK public spending, filling the substantial void in thinking on the centre‐left since Labour's 2010 defeat. Inevitably, the proposals raise fundamental questions about the capacity of the British state and the constitutional framework of the UK political system to accommodate a long‐term, future‐orientated approach to public expenditure, which deserve to be properly aired and debated.     

Appearing moderate or radical? Radical left party success and the two-dimensional political space

Abstract

Challenger parties’ electoral successes have attracted increasing scholarly attention. Based on the example of West European radical left parties, this article investigates whether and how centripetal and centrifugal positional movements on different conflict dimensions influence the election results of these parties. Depending on parties’ issue-linkages, these strategies will have a different effect for the economic and the non-economic issue dimension. Due to radical left parties’ long-term commitment and a strong party-issue linkage on economic issues, more moderate positions will play to their electoral advantage. In contrast, far-left parties compete with social democratic and green-libertarian parties for party-issue linkages on the non-economic issue dimension. Here, they benefit from promoting centrifugal strategies. Based on time-series cross-section analyses for 25 West European far-left parties between 1990 and 2017, the empirical results show that the success of radical left parties’ positional strategies varies with the conflict dimension in question and that this effect is only partly moderated by the positions of competing mainstream left parties.     

The latent politicization of Alevism: the affiliation between Alevis and leftist politics (1960–1980)

Abstract

Traditional Alevism, which was based on rural/isolated life started to dissolve as a result of urbanization in the 1960s and the 1970s. The social dynamics of Turkey associated the dissolution of archaic Alevism with political mobilization that Turkey experienced in the same period; therefore, the Alevis affiliated themselves with socialist movements in order to participate into political process more efficiently. This article analyses the affiliation between Alevis and socialist movements within the framework of the overlap between the socio-political culture of the Alevis and the political needs of the socialist movements in the 1960s and the 1970s. This affiliation might be followed in Alevi folk songs, squatter settlements, villages and the massacres that Alevis suffered in the late 1970s. Because the relation between the Alevis and socialist movements meant not the politicization of the Alevism as an independent politics of identity, but rather the politicization of Alevis through their affiliation with leftist politics, this article conceptualizes the politicization dynamism of the Alevism between 1960 and 1980 as latent politicization.