Not all election winners are equal: Satisfaction with democracy and the nature of the vote

It is well known that individuals who voted for the winning party in an election tend to be more satisfied with democracy than those who did not. However, many winners deviate from their first choice when voting. It is argued in this article that the mechanisms that engender satisfaction operate less forcefully among such winners, thereby lessening the impact of victory on satisfaction. Results show that the gap in satisfaction over electoral losers among these ‘non‐optimal winners’ is, in fact, much smaller than that of ‘optimal winners’, who voted in line with their expressed preferences. A win matters more for those who have a bigger stake in victory. The article further explores how the effect of optimal victory on satisfaction varies across electoral systems.     

Do referendum results change norm perceptions and personal opinions?

Referendums are often seen as a means to legitimize the outcome as the new norm and increase acceptance of the outcome. Do referendums actually have these effects? More precisely, do voters recognize the referendum result as the new norm? And do voters go as far as to change their own minds in accord with the referendum result? We explore these questions using a panel survey that we conducted in Ireland before and after the abortion referendum that was held on May 25, 2018. We find that, after the referendum, voters updated their norm perceptions in the direction of the referendum result. However, we find inconsistent evidence that the referendum convinced voters to change their personal opinions about abortion. The findings provide insights on the power and the limit of referendums in increasing policy agreement among voters.     

Capturing vote-seeking incentives and the cultivation of a personal and party vote

Electoral rules establish incentives that encourage candidates to strike a particular balance between cultivating their own personal reputations and cultivating shared party reputations. Higher levels of intraparty competition stress the need for an individual reputation and minimize the usefulness of a shared, party reputation. We develop a new indicator of intraparty competition that addresses shortcomings pointed out in previously used indicators. We also identify new, particularly intuitive indicators of ”personal” and ”party” vote seeking. Using within-system and across-system variation in parliamentary elections in Japan, we find that candidate manifestos contain more frequent uses of first-person pronouns and candidate names and fewer references to political parties when intraparty competition is stiffest.     

The conditional effect of personal vote-seeking behaviors on MPs electoral performance: Evidence from an open-list PR system

Considerable research argues that voters reward personal vote-seeking behaviors. The expected electoral gain would be the primary driver of MPs' action. Nevertheless, empirical evidence is scarce, and the findings do not always match the theoretical expectations. This article examines the electoral impact of personal vote-seeking behaviors, arguing in favor of integrating party electoral performance into the models. I also propose a new measure of electoral performance based on the evolution of MPs electoral results. Drawing on data from Finland, the findings globally support the theoretical arguments. MPs benefit from personal vote-seeking behaviors, primarily when their party improves its results. The findings have important implications for our knowledge of the personal vote and, more generally, the personalization of politics.     

敏感个人信息保护的特殊制度逻辑及其规制策略

敏感个人信息因其对个人的人身和财产安全具有极端重要性,需要特别的法律保护。我国现行立法对敏感个人信息的特别保护存在制度供给不足。《个人信息保护法》虽秉持对一般个人信息和敏感个人信息区别规制的立法思路,但有关敏感个人信息特别保护的规范较为简略。从我国敏感个人信息保护的实践需求及域外立法经验来看,敏感个人信息保护在"知情同意"的适用、法定处理事由的明确、技术治理的实现、损害认定的完善等方面应有区别于一般个人信息保护的特殊制度逻辑。相应地,敏感个人信息保护也应有区别于一般个人信息保护的特殊规制策略。     

数字经济战略下的个人信息保护立法选择

数字经济给全球带来机遇和挑战。为抢占发展先机,谋求竞争优势,世界各国基于各自数字技术和数字经济发展情况,制定了各自的数字经济发展战略。国家战略引领立法价值和目标,导致各国立法选择不一。比较欧美数字经济战略对其个人信息保护立法的影响,对于完善我国个人信息保护立法和参与国际规则制定具有重要意义。中国基于网络强国战略和网络空间国际合作战略,应将同步推进个人信息安全和数字经济发展作为立法指导思想,对内尽快出台适合本国实际的个人信息保护专门立法,对外积极参与引领国际立法合作,坚持在WTO现有协定和框架基础上谈判,建立和完善数据治理规则,构建国内国际双重立法保护。     

个人信息的双重属性与行为主义规制

个人信息的法律保护依赖于公法对个人信息的定位。在公法与公法理论上,有两种看待个人信息的观点。一种观点认为个人信息权是一种基本权利,个人信息应当受到法律的确权保护;另一种观点则将个人信息视为他人言论自由的对象,个人信息的自由获取与使用受到法律保护。但这两种观点都无法从整体上理解个人信息,个人信息权的观点忽视了个人信息的自由流通属性与公共属性,而个人信息作为言论自由对象的观点则忽视了个人信息背后的多重权益。个人信息兼具个体属性与社会流通属性,应当确立一种"个人信息相关权益被保护权"。从个人信息的双重属性出发,个人信息保护应当在具体场景中确立个人信息收集与利用行为的合理边界。基于场景的行为主义规制更为符合个人信息保护的根本特征,也将为中国的个人信息保护提供一条超越欧美的中国道路。     

Comparisons among electoral systems: Distinguishing between localism and candidate-centered politics

Carey and Shugart (1995) offer a four component composite index of “incentives to cultivate a personal vote.” We argue that this index, while tapping important aspects of electoral system choice, is best regarded as encompassing two distinct dimensions: degree of party-centeredness of the electoral system, on the one hand, and incentives for “parochial” behavior on the part of legislators, on the other. Also, while we have no problem with the three indicators used by Carey and Shugart to measure party-centeredness; to measure parochial incentives we prefer to use a new measure, E (Grofman, 1999a) of the size of a legislator's electoral constituency, rather than using district magnitude, m, as a proxy for a the size of a legislator's geographic constituency, as Carey and Shugart do. In the conclusion to the paper we argue that the degree of similarity between any two electoral systems will depend upon the research question at issue, and that the expected degree of proportionality of election results is only one of the many political consequences of electoral laws to which we ought to be paying attention.     

DNA指纹图在法医学鉴定中应用的研究(Ⅲ)——应用“Myo”DNA探针进行混合斑中精液的个体认定

本文利用蛋白酶K、SDS对精液和阴道液、精液和血液的混合斑进行前处理,除去女性阴道脱落上皮细胞和血液细胞成份获得精子。提取精子DNA,用“Myo”小卫星DNA探针杂交进行DNA指纹检验,获得了高度多态性的精子DNA指纹图谱,与同一个体血液DNA指纹图谱比较完全一致,实现了混合斑中精液来源的个体认定。在对20多起强奸案例混合斑的实际应用中,成功地认定了强奸罪犯。     

Participación política de los migrantes. Reflexiones sobre la extensión de la ciudadanía en Argentina

Political participation for both, foreigners living in Argentina as well as nationals living abroad, is the topic of this paper. Through legislation, both groups have limited, in whole or in part, voting rights. An empirical study is carried out in order to identify that discrimination. The study of the legal framework allows us to verify whether or not migrants are considered political actors, empowered to participate actively in public life, and become part of the common will. This review reveals that there is a heterogeneous landscape of the legislative framework that enables the vote in national, provincial and local elections. It is argued that restricting citizenship to nationality or residence is a simple and unrealistic approach to contemporary human mobility. An open, inclusive and flexible citizenship is more consistent with a true democratic order.