Length of independence and democratic failure

This article takes as a point of departure a well-known but rarely tested assumption in the literature on state-building and democratisation, namely that democratic regimes in newly established states are politically unstable. When states take their first steps as independent entities, the state-building process is often incomplete, the political institutions fragile and democratic routines yet to be established. However, with increasing years of independence, these democratic shortcomings are expected to be remedied. This makes it reasonable to assume that the likelihood of democratic failure decreases with increasing years as an independent state. Based on an extensive empirical data set, the conclusion was reached that there is indeed a negative relationship between the length of independence and democratic failure and that this association is insensitive to the period in time when the countries received their independence. Furthermore, the results suggest that the length of democratic rule has a positive impact on democratic stability. However, this pattern is detectable only in states created after 1946.     

论犯罪故意程度的划分及其法律价值

犯罪故意不仅有类型之分,而且有程度之分;我国刑法学界对此缺乏探讨,不利于此领域研究的深人发展.国外同仁的探讨,虽然给了我们一些启示,但仍有失偏颇.依据故意心理态度形成过程中的自觉性/独立性状况,犯罪故意程度可划分为主动故意、被动故意和被迫故意三个程度递减的层次,这种划分具有重要的司法价值和立法价值,体现了罪责刑相统一的法治精神,有利于制约法官的自由裁量权,有利于对我国刑法相关规定的理论探讨.     

民事检察监督与审判独立之关系的合理建构

对权力的监督有纵向和横向两种模式。我国现行民事检察监督体制具有纵向模式的特征,其缺陷是容易与审判独立原则发生冲突,形成对审判独立的干预。因此,正确处理两者关系的关键在于恰当地进行权限分工与平衡。