我国侦查程序分流的制度化构建

侦查程序分流顺应了近代刑罚观的转变,有利于缓解沉重的司法压力和有限的司法资源之间的矛盾,其在两大法系国家已经得到了不同程度的肯定,并且发挥了重要的作用,但是我国至今仍未在侦查阶段确立分流制度,而其在我国确立是必然的和可行的。因此,应该在借鉴相关国家的做法的基础上,从适用条件、适用范围、适用程序以及配套制度的完善等方面构建我国的侦查程序分流制度。     

大学生个人社会资本与其成长关系的实证研究

大学生个人社会资本有助于大学生在校的成长与发展。大学生个人社会资本有两个维度:社会活动网络规模、私人关系网络规模。大学生在校成长状况有四个维度:学习成绩、组织实践能力、心理自信度、心理开放度。大学生个人社会资本的社会活动网络规模仅对大学生在校学习成绩和组织实践能力有显著的正向促进作用,与其心理自信度和心理开放度不存在显著的相关性;大学生个人社会资本的私人关系网络规模对大学生在校学习成绩和组织实践能力有显著的正向促进作用,对其心理自信度存在较为显著的正向促进作用,而对其心理开放度并不产生显著影响。因此,学校及大学生对个人社会资本的重视有助于大学生的在校成长及发展。     

个人理财业务发展存在的问题及对策

目前,个人理财业务在我国尚处于起步阶段,但市场前景十分广阔。各家商业银行应积极付诸行动,针对其发展中存在的同质化、定位高、缺乏高素质人才等问题,大力发展品牌化服务,创新服务渠道,开展个性化服务,积极培训理财人员,以促进个人理财业务发展。     

Privacy and the regulation of 2012

This paper explores the European Commission’s proposal for a new Regulation to update and reform data protection law in Europe. As regards the Regulation itself, without presenting an exhaustive analysis of all the provisions, this paper aims to highlight some significant changes proposed to the data protection regime by comparison between Directive 95/46 and the proposed Regulation. It takes particularly into account legislative innovation concerning data protection principles, data subjects’ rights, data controllers and data processors obligations, and the regulation of technologies. Before analyzing these innovations, it introduces some considerations about the Commission’s choice to use a Regulation instead of a Directive to harmonize national data protection regime.     

我国引入表决权排除制度的思考

在我国，公司大股东借助表决权优势侵害公司和小股东利益的现象屡有发生，表决权排除制度可有效杜绝股东为私益而滥用表决权，维持决议的公正性。     

Voting at 16: Intended and unintended consequences of Austria's electoral reform

Several democracies are currently debating whether to lower their legal voting age to 16, but relatively little is known about the long-term consequences of such reforms. We contribute to this debate by studying electoral habit formation among 16-year-old voters in Austria, where the national-level voting age was decreased in 2007. We employ eligibility-based regression discontinuities to evaluate two consequences of the reform. First, we show that eligible 16-year-olds are more likely to vote in future elections. Second, we demonstrate that the political consequences of this reform were not neutral. Newly eligible young voters are more likely to place themselves towards the extremes of the ideological spectrum. We also simulate the cumulative long-term impact on electoral outcomes and argue that the reform was costly for the centrist government parties that initially adopted it.     

The servant of two masters: Electoral incentives in the Scottish Parliament

Scholars have pointed out the potential impact of different electoral systems on the incentives for representatives to cultivate personal versus party reputations. The mixed-member proportional system (MMP) allows us to examine the effects of electoral systems on legislators’ incentives. Scholars have argued that MMP may be the ‘best of both worlds’; however, MMP may lead to competing demands on list representatives if they are also allowed to run as constituency candidates, as happens in the Scottish Parliament. I show that this leads to different levels of committee activity—which I use as a surrogate for party activity—from constituency Members of Scottish Parliament (MSPs), pure-list MSPs (who are elected via the party list and do not run in constituencies), and dual-candidate list MSPs (list MSPs who also run in constituencies), and that the proximity of elections also affects committee activity for those who run in constituencies.     

Crime Story: The role of crime and immigration in the anti-immigration vote

Some scholars have found that mass immigration fuels the success of anti-immigration parties, whereas others have found that it does not. In this paper, we propose a reason for these contradictory results. We advance a set of hypotheses that revolves around a commonly ignored factor, crime. To test these hypotheses, we examine a setting where an anti-immigration party, the LPF, participated in simultaneous elections in all Dutch municipalities, which form a single constituency. According to our results, the impact of immigration rates on the individual vote for the LPF only manifests itself among those voters who are very ‘tough on crime’. In addition, we demonstrate that high local crime rates make an anti-immigration vote more likely, but only among voters who are very ‘tough on immigration’. This suggests that immigration and crime rates do not make all citizens more likely to cast an anti-immigration vote, but only those who perceive a link between the two issues. Thus, if one wishes to reduce anti-immigration leaders’ electoral support, countering their criminalization of immigrants may be a more fruitful strategy than trying to stop immigration – if at all possible.     

选举权观念的变迁——以选举权之性质为中心的考察

在人类漫长的民主历史中,对于选举权性质的认识,也有个变迁的过程,其间充斥着广泛而又激烈的争论,深刻地影响了人类社会的历史。关于选举权的性质,主要出现过以下六种观念和理论：公民属性论、特权论、个人权利论、公务论、权利兼公务论和阶级论。这些观念和理论流行于不同的时代,与当时社会背景有着紧密的关系,并对当前实践产生了不同程度的影响。     

Iveta Silova. From Sites of Occupation to Symbols of Multiculturalism. Reconceptualizing Minority Education in Post-Soviet Latvia. Greenwich,CT: Information Age Publishing, 2006, ISBN 1593114613.

This article explores the personal spatialities of the majority of inhabitants in Estonia and Sweden. The author analyzed survey data and used variables about the perception of cultural distances, interest in receiving news from other countries via mass media, and contacts with people from these countries. The analysis suggests a hypothesis that in Estonia, personal spatiality is shaped primarily by institutional factors (e.g. the media, the economy). In Sweden, the formation of personal spatiality is based on versatile sources and is more autonomous with regard to the media than in a transition country such as Estonia. The analysis also demonstrates that the symbolic division of the world into East and West shapes the imagined Nordic and Baltic space and people's thinking patterns about ‘others’.