论抗诉监督与审判独立之问的冲突与协调

检察院的抗诉监督和法院的审判独立均是中国司法体制的重要组成部分,二者互为损益,存在不可避免的冲突关系。检察院与法院从维护和扩张本部门权益的角度出发,在此问题上形成相互对立的观点。其实抗诉监督与审判独立二者之间存在内在的一致性,这也是二者得以和谐共存的基础。我国人民代表大会制度决定了审判独立必然需要接受检察监督。但检察监督对审判权实施监督是有限度的,即抗诉监督不得损害审判独立。     

Transnational absentee voting in the 2006 Mexican presidential election: The roots of participation

In many of the major migrant-sending countries of the developing world, governments have extended political rights to expatriates, often including the right to vote via absentee ballot. Little is known about the factors that shape transnational electoral participation, however. Using official records provided by the Mexican Federal Electoral Institute, we model the incidence of expatriate ballot solicitations prior to the 2006 presidential election in Mexico. Based on a series of event count regression analyses conducted at the level of U.S. metropolitan statistical areas, we find that transnational involvement in the election depended not only on socioeconomic factors but also on the concentration of Mexican civic associations within the local community, the presence of Spanish-language media, and distance from the Mexican border. This suggests that the roots of immigrant transnational participation include factors familiar to social scientists as well as dynamics uniquely relevant to immigrant communities.     

Voting,clientelism, and identity: experimental evidence from Montenegro

ABSTRACT

The study analyses ethnic voter-candidate linkages and the electoral consequences of such linkages in an ethnically divided Montenegrin society. I argue that vote choice in Montenegro is a function of the dominance of the identity cleavage between the two largest, dominant ethnicities: Montenegrins and Serbs. I conducted a two-stage experiment on a sample of 240 students where, in the first stage, the respondents were given cues as to a candidate’s ethnicity. The results suggest both a co-identity linkage and a positive effect of ethnic information shortcuts on voters’ choices among Montenegrin respondents. For Serbs, ethnic cues failed as a substantive information shortcut in producing electoral advantage. However, additional analysis of the observational data from CSES 2016 provided more evidence to support the identity linkage hypothesis. In an additional experimental stage, respondents were introduced to vote-buying information about the same candidate, under the assumption that the defection rate would be lower for the co-identity candidate. Here, the defection rates remain stable regardless of the co-identity attachment. The overall results suggest that with additional ethnic political parties present, defection as a consequence of illicit behaviour will not translate into a significant transfer of power between ethnic groups.     

Registrants,Voters, and Turnout Variability Across Neighborhoods

Although political participation has received wide-ranging scholarly attention, little is known for certain about the effects of social and political context on turnout. A scattered set of analyses—well-known by both political scientists and campaign consultants—suggests that ones neighborhood has a relatively minor impact on the decision to vote. These analyses, however, typically rely upon data from a single location. Drawing on official lists of registered voters from sixteen major counties across seven states (including Florida) from the 2000 presidential election, we use geographic/mapping information and hierarchical models to obtain a more accurate picture of how neighborhood characteristics affect participation, especially among partisans. Our research shows that neighborhoods influence voting by interacting with partisan affiliation to dampen turnout among voters we might otherwise expect to participate. Most notably, we find Republican partisans in enemy territory tend to vote less than expected, even after accounting for socioeconomic status. Our findings have implications for campaign strategy, and lead us to suggest that campaign targeting efforts could be improved by an integration of aggregate- and individual-level information about voters.     

Political knowledge about electoral rules: Comparing mixed member proportional systems in Germany and New Zealand

Mixed Member Proportional (MMP) electoral systems are considered by some to be “the best of both worlds” because they combine single member district representation with proportional outcomes. Critics, however, maintain that such systems cause voter confusion leading some voters to cast misinformed votes. Survey data from Germany and New Zealand are used to investigate voter's political knowledge of the electoral system and their voting behavior. The findings suggest that knowledge about the electoral system is similar in New Zealand and in Germany. Although some may very well find the system complex, there is no evidence to suggest that a lack of knowledge about the electoral system influences voting behavior. The results undermine the claims made by skeptics who fear that misunderstanding threatens the legitimacy of electoral outcomes.     

Partisanship and Incumbency in Presidential Elections

Party identification is a standard part of our understanding of presidential voting, but the effects of presidential incumbency on presidential voting have not been recognized in most voting models. Democratic candidates in the twentieth century received 10 percent more of the two-party vote when Democratic incumbents were running for reelection than when Republican incumbents were running. National Election Studies surveys show that the effect of incumbency varies with individual partisanship, with the greatest effect, as expected, among independents. Opposition party identifiers defect at a higher rate than incumbent party identifiers when the incumbent is running for reelection. Even after controlling for retrospective and prospective economic voting, a 6 percent effect is found for incumbency. Incumbency thus conditions the impact of partisanship on presidential voting.     

Is Consensual Politicizing Being Punished in Switzerland?

Over the last decade, Switzerland has been characterized by both a radicalization of its political system and the relative success of the SP and SVP parties, which tend to adopt a strategy of permanent campaigning. Because of this, it is often argued that politicians are held accountable for their behaviour and that their electoral successes depend on their voting behaviour in parliament. We thus explore whether the voting behaviour of representatives, or citizens' evaluations of parties' ideological positions had an impact on their electoral success in the 1995, 1999, and 2003 national elections. More precisely, we assess how far the proximity and directional models explain the electoral success of incumbents and parties using roll call data for the National Council as well as the Selects surveys at the individual level. The results at both levels suggest that voters' choice is largely consistent with what is predicted by the spatial models of electoral behaviour. Swiss voters form their party preference on both proximity and direction, which supports a mixed model of electoral behaviour.     

White Voters and African American Candidates for Congress

The vast majority of African American officeholders are elected from jurisdictions with sizable numbers of African Americans. The most common explanation for this phenomenon locates the cause among white voters who are reluctant to vote for black candidates, which thereby limits the electoral prospects of black candidates in white constituencies. This study analyzes exit poll data from the 1996 and 1998 House elections in order to test the notion that white voters are averse to black candidates. Despite theoretical expectations that predict the existence of white voter discrimination against African American candidates, remarkably little is apparent. Thus, other explanations for patterns of African American officeholding in the United States need to be pursued.     

Remote Electronic Voting: Free,Fair and Secret?

Most of the debate surrounding remote electronic voting has focused on technical issues such as security and feasibility. This article examines the equally important issue of whether voting outside the context of the supervised polling place meets the legal and normative standards required of democratic elections. Our conclusion is that if voting that takes place in an unsupervised context, it is virtually impossible to guarantee that it will be carried out in secret, and that lack of secrecy constitutes a serious violation of the principles of freeness and fairness that govern elections in democratic states. This argument also has implications for postal voting, which are discussed in brief.     

公司累积投票制度的理论与实践

累积投票制度作为股东选择公司管理者的一种表决权制度,最早起源于美国伊利诺伊州《宪法》的规定。累积投票制度保护了中小投资者的投资热情,符合资本社会化的原则。公司股东选任董事或者监事时,实行累积投票制度对保护中小股东的利益,特别是对完善我国公司治理结构具有独特的价值。