试论媒体监督与司法独立

媒体监督对于司法独立而言,是一把“双刃剑”。随着社会的发展和公民法制观念的增强,新闻界和司法界的互动日趋频繁,随之也带来了许多亟待研究与解决的问题。应借鉴中外媒体监督与司法独立关系的理论与实践,协调两者的关系,以实现其“双赢”和司法公正的目标。     

略论商法的独立性

无论是在民商合一还是在民商分立的大陆法系国家,商法具有实质上的独立性是个不争的事实.由于我国商法的"发育"较晚,因此商法是否具有独立性-直颇具争议.其实,我国商法的实质独立不但有着深厚理论基础的印证,更有着坚实实践基础的支撑.此外,强调商法的独立性还具有特殊的价值和意义.     

联合国关于非殖民化的机制与实践

殖民主义是资本主义的产物.进入20世纪以来,人类社会进入了彻底铲除殖民制度的时代.在推进非殖民化的进程中,联合国建立了自治领体系和托管体系,把非殖民化纳入国际监督机制;设立托管理事会,引进法律措施及维和措施,在实践上将《非殖民化宣言》的"民族自决权"转变为"民族独立和解放"的现实;为在2000年以前根除殖民主义作出了巨大贡献.     

The economic effects of judicial accountability: cross-country evidence

Judicial independence is not only a necessary condition for the impartiality of judges, it can also endanger it: judges that are independent could have incentives to remain uninformed, become lazy or even corrupt. It is therefore often argued that judicial independence and judicial accountability are competing ends. In this paper, it is hypothesized that they can be complementary means towards achieving impartiality and, in turn, the rule of law. It is further argued that judicial accountability can increase per capita income through various channels one of which is the reduction of corruption. First tests concerning the economic effects of JA are carried out and on the basis of 75 countries, these proxies are highly significant for explaining differences in per capita income drawing both on OLS as well as TSLS.

The Coalition and the Politics of the English Question

For much of the 2010–15 Parliament the English Question was not a conspicuous feature of political debate in the UK. However, the issue of English votes for English laws (EvfEl) was thrust to centre stage by Prime Minister David Cameron in the aftermath of the Scottish independence referendum, when he announced that fulfilment of the promise of further devolution to Scotland must be accompanied by an answer to the West Lothian Question at Westminster. This article analyses these events and explores their possible consequences. It argues that a reform of parliamentary procedures along the lines outlined in the report of the McKay Commission looks increasingly likely, but that this will not mark a resolution of the broader English Question, and the future of the Union remains in doubt.     

The European Dimension to Scottish Constitutional Change

Scottish self‐government and European integration are linked. Europe has become an important framework for the independence project. Evidence for Scots being more pro‐European is ambivalent, but there is a pro‐European consensus in Scottish political parties and civil society. In the referendum campaign, the No side suggested that an independent Scotland might not gain admission to the European Union. If the United Kingdom as a whole should vote to withdraw from the EU in a future referendum but Scotland to stay in, the independence question would re‐emerge. In the absence of independence, a number of issues arise as to how Scottish interests can best be represented in the EU.     

The Independence Case in Comparative Perspective

Scotland is not the only sub‐state unit in Europe where relevant political actors make claims for independence. To generate insights on these independence demands, we compare the drivers, arguments and popular support for secession in Scotland, the Basque Country, Catalonia and Flanders. We argue that national identity, party politics and the economy are behind the independence requests, and the exact articulation of these elements varies from case to case. Currently, the most salient of these demands are the ones from Catalonia; Basque demands for self‐determination are less prominent than in the past, whereas the demand for a vote on independence is much less articulated in Flanders. Although the Scottish independence referendum has set a precedent for solving independence disputes, we argue that the possibilities of exporting the Scottish referendum experience to other realities are limited.     

Territorial Finance and the Future of Barnett

This article traces the changing funding relationships between Scotland and the UK government. Beginning from the Barnett Formula, it examines how the changing support within Scotland for greater political autonomy from Westminster has influenced the mechanisms that have determined Scotland's fiscal structure. Increasing support for the SNP, and then for the Yes campaign in the September 2014 independence referendum, has led to a mixture of new powers being granted to the Scottish Parliament. The Scotland Act 2012 extends the Scottish government's control over income tax and some other small taxes. Although independence was rejected by the Scottish people in September 2014, the ‘Vow’ made by the Westminster parties immediately before the vote is leading to far‐reaching changes in the UK's fiscal structure. This will cause a very substantial change in intergovernmental relations within the UK, which the Barnett Formula may not survive.     

概念、性质与中止形态:教唆犯再考察

研究教唆犯问题必须全面把握其概念，立足于教唆犯的性质来认识其中止形态。从实践操作的方法论层面理解二重性说：教唆犯是从属性与独立性的统一体，教唆犯行为的犯罪性体现于正犯，但其评价根据仍然是共犯自己的行为本身。教唆犯不是行为犯，教唆犯只有能够有效中止正犯的实行行为或有效防止犯罪结果的产生，才可成立犯罪中止，否则只能根据其在共同犯罪所起的作用来定罪量刑。     

公诉一体化机制改革述评

目前,我国正在推进公诉一体化的制度建设.公诉一体化有利于高效地追诉犯罪;防范公诉权滥用;防止外部的非法干预;保障被告人权利.其主要内容应当包括上级检察院的指令权、下级抖检察院的报告义务、公诉政策一体化和公诉人一体化.但是,在公诉一体化的同时应当保障公诉检察官的相对独立性.我国在推进公诉一体化机制改革时,一方面在改革内容上存在欠缺,另一方面忽视了保障公诉检察官的相对独立性,应当加以改进.