涉检网络舆情状况及处置机制研究

随着互联网的迅速普及,人人都是麦克风、人人都是记者、人人都是新闻传播者的自媒体时代已经到来.作为行使法律监督职能的检察机关,无可争议地成为网络舆情关注相对集中的部位.如何研判与应对涉检网络舆情,并建立涉检网络舆情处置机制,也就成为了新形势考量各级检察机关领导人政治智慧和司法能力的重要标准.     

Reforming the French welfare state: Solidarity,social exclusion and the three crises of citizenship

The article explores recent debates about citizenship and social provision in France. It examines the essential concepts comparable to ‘social citizenship’, as understood in British debates, and the role that they have played in the development of the French welfare state. Its conclusions are threefold. First, social provision in France is founded on the principle of solidarité, which holds that all citizens face a series of social risks (unemployment and illness) that make them dependent on one another. Second, as the traditional insurance principle (the core of the French welfare state) is founded on socio‐economic conditions (concerning the nature of social interdependence and social risk) that no longer exist, the emergence of these social ills has led to not one but three crises of citizenship: a crisis of coverage, of legitimacy and of participation. Third, while it is too early to draw definitive conclusions, recent policy reforms suggest that the difficulties faced by French welfare are encouraging moves towards the British model of tax‐based (rather than insurance‐based) financing of social provision.     

Hungary's “anti-capitalist” far-right: Jobbik and the Hungarian Guard

The study analyzed whether the dissolution of Yugoslavia and the establishment of succeeding mono-national states was the expression of “longing” of mass proportions on the part of the nationalities within respective federal units. Using the data from two pan-Yugoslav surveys from the period preceding the dissolution, results were obtained that indicated a very limited support for this hypothesis. More specifically, results indicated that support for emancipation was rather weak, among youth in 1986 and even among the adult population in 1990, although some significant mean differences between the federal units and between major nationalities within them were evident. Specifically, opinions favoring independence were detected among Kosovo Albanians and later among Slovenians in Slovenia. In addition, findings also indicated that those with higher socioeconomic status were not more inclined toward independence. Results thus pointed more towards the idea that the dissolution was indeed instigated by a small group of “political entrepreneurs” not captured by the survey data.     

Kosovo's Gordian knot: the contested north and the search for a solution

Until 1999, Kosovo was a little-known province of Serbia. NATO's intervention, however, changed this. Suddenly, everyone was talking about Kosovo and the plight of the Kosovo Albanians. Today, Kosovo is no longer a major talking point; few authors are now writing about post-independence Kosovo and the many challenges that confront the young state. Particularly striking is the relative absence of scholarly writings that discuss the Gordian knot of northern Kosovo. Seeking to rectify this neglect, this article has three core aims: to provide new empirical insights into the situation on the ground in northern Kosovo, to explore Serb and Albanian viewpoints regarding the status of the north (and in particular to examine Serb fears and concerns) and to discuss possible solutions. It argues that granting the north a special, autonomous status within Kosovo is the ultimate way to resolve the “northern problem,” and indeed this now seems the most likely solution following the recent conclusion of the First Agreement on Principles Governing the Normalization of Relations. This research is based on five weeks of fieldwork in Kosovo in July and August 2012. During this time, the author conducted 56 semi-structured interviews, 29 of which took place in northern Kosovo.     

Attitudes towards gypsies in Ukraine (1989)

The national movements of sub-state national societies are divided into two or three competing political orientations (independentists, autonomists, and federalists), which vary over time. This article compares the process that led to the founding of the ADQ (autonomism) in Quebec, with the process that culminated in the transformation and de facto re-founding of ERC (independentism) in Catalonia during the period 1976–2005. Using the cases of two nationalist parties in two different national movements that have successfully established new political orientations, I analyze the political origins of this form of temporal variation. My outcome variable is the “tipping point” at which these nationalist political parties get established. This “tipping point” was reached through a temporal sequence that evolved in four phases. In each of these phases, a key variable was involved: the existence of a preexistent ideology, the occurrence of a central state constitutional moment, an impulse from the sphere of sociological nationalism, and the consolidation of a new leadership nucleus.     

In search of real justice for Africa and Africans,and her/their descendants in a world of justice,injustices and impunity

Abstract

The quest for justice by Africans and peoples of African descent, wherever they may be in the world, is arguably one of the most daunting mental, psychological, moral, legal and material challenges facing humanity in general, and the peoples of Africa in particular. It is a question of whether African peoples demand justice for the wrongs committed against Africa and its peoples over the last 500 years, or whether Africa and African peoples accept complicity in the global impunity enjoyed by the perpetrators of those injustices, and by doing so diminish the significance of contemporary enthusiasm for global justice. Centralising the question of impunity to date for horrendous crimes, gross human and peoples’ rights violations and other injustices against Africa and Africans is not meant to distract Africans in Africa and the diaspora from the quest, in the 21^st century, for a new Africa that we have a historical responsibility to build and, by doing so, to ensure that the past is not repeated. Acknowledging the wrongs of the past and making symbolic reparative actions for those wrongs are essential for ensuring that the pursuit for a better world of justice is not built on top of underlying sinkholes and on the waste dumps of past injustices. Critical breakthroughs, such as the commitment enshrined in the Constitutive Act of the African Union (2000), on crimes against humanity, war crimes, genocide and the prohibition of unconstitutional change of government, must be vigorously pursued to their logical conclusion. To do so requires an understanding of where Africans, in their relationship with peoples in the rest of the world, are coming from. Smaller parts of the world have experienced similar heinous injustices with impunity, and Africa's pursuit of real justice also applies to those states and their peoples. Corrective or reparative justice is needed to clear the path for the meaningful and honest promotion of real global justice in the making of the future. It is imperative that the making of the African Renaissance confront real global justice for the sake of the past, the present and the future.     

Law reform: in the Commonwealth,in small states and in the Caribbean

This paper first outlines the constitutional methods of law reform in the Commonwealth as a whole, in small states like those of the Caribbean, and in the Caribbean itself. It considers possible ways in which small states, which tend to have especially limited human and financial resources, might still be able to make greater use of independent law reform. The possibilities include the establishment of more Law Reform Agencies (LRAs), and greater regional co‐operation in law reform or even a Regional Law Reform Agency (RLRA). In this regard, it raises several issues for consideration, in its concluding paragraphs.     

列宁社会主义司法独立思想的形成与演进

在领导社会主义的司法建设过程中,列宁阐发了关于社会主义立法、司法与行政三权关系的思想理论。由于受到巴黎公社体制的影响,十月革命胜利初期的列宁主张司法隶属于行政。当苏俄国家转入和平建设时期,司法隶属于行政的弊端显现时,列宁与时俱进地提出司法独立于行政的体制构想,并将这一构想付诸苏俄社会主义的司法体制建设之中。与西方资本主义国家的三权分立互相制衡的体制不同,在列宁的社会主义司法独立思想理论中,立法权、行政权和司法权只是职能的分工不同,司法权和行政权之间相互独立,但两者都受立法权的领导,由立法权产生。根据这一理论,列宁创立了不同于西方的社会主义的司法体制模式。     

刑事一审裁判质量保证体系论纲

一审程序是审判程序的核心。刑事一审裁判质量的高下,事关诉讼公正与诉讼效率。公诉案件的一审裁判是在侦查、起诉、辩护、审判各方的共同作用下形成的。任何一方职能萎缩或者得不到充分发挥,一审裁判质量就没有保证。要保证刑事一审裁判的质量,就必须保证侦查、起诉的质量,落实有效辩护,保证合议庭、独任庭正确认定事实和适用法律。     

论侦查机关内设鉴定机构的法律性质

刑事侦查机关内设鉴定机构所从事的司法鉴定活动的法律定性在理论上尚存争议。从司法鉴定的性质看,对鉴定人与鉴定机构的关系剖析基础上论证侦查机关内设鉴定机构实行自然人鉴定人制度．并对其独立性及回避等诉讼程序问题进行探讨。