公诉变更问题研究——以刑事诉因变更制度为视角

刑事诉因变更制度具有制约起诉变更权、限定审判对象和保障辩护权的重要意义.我国现行制度框架内,对公诉变更问题中存在的指控事实和指控罪名随意变更问题,不仅缺乏相关的法律规制,而且有剥夺刑事被告人基本防御权之虞.英美和日本的诉因变更制度中对公诉和审判权行使范围的限制和对被告人防御权的保障值得我们借鉴和学习.     

Discourses of popular politics,war and authenticity in Turkish pop music

Turkey and the United States (US) have had a close mutually beneficial political and military relationship since the end of World War Two. However, this relationship came under pressure when the US government and Turkey's ruling Justice and Development Party (AKP) tried to cooperate closely in the 2003 military invasion of Iraq. AKP's leadership failed to persuade Turkey's parliament to accept the deployment of US troops and equipment in Turkey partially due to public opinion. Despite Turkish media and its government being intertwined to the extent where subversive discourses are all but silenced, some popular music videos were able to articulate discourses which questioned AKP's military policies. This paper analyses lyrics, visuals and sounds of one of these songs to look at the way war and political issues become articulated through a form of simplified popular politics, despite being presented as serious and authentic by a number of key signifiers across the different modes. A number of scholars have addressed the issue of subversion in music both as actual political challenge and as popular counter culture. This case study is used to assess subversion in music in these terms in order to consider its likely place in political debate in Turkey.     

Terrorism,war and the economy of scale: an interview with Ted Goodnight

Apart from the great debates on the definition of terrorism or its causes, the discussion about whether ‘new terrorism’ can really be considered new or not has become one of the central disagreements in terrorism research. This article will respond to the criticism voiced by some of the proponents of the ‘new terrorism’ idea and reflect on the merits of their arguments. It will emphasis the importance of words and the implication of small predicates such as ‘new’ for the construction of terrorism and our reaction to it.     

Bringing direct democracy back in: toward a three-dimensional measure of democracy

Most procedural definitions and measurements of democracy are missing one crucial component: direct popular decision-making. This is an important gap that does not allow users of data to ascertain some important variation among democracies. Thus, I propose a new measure that is strongly anchored in a procedural definition of democracy but includes this missing dimension. The proposed measure is well rooted in the literature and introduces a dimension whereby citizens may become the masters of their political fate at any time and without the consent of elected authorities, while avoiding the inclusion of extraneous attributes that are not highlighted in democratic theory. Tests of the validity of the new indicator, using Latin American cases, show that there is enough room for its inclusion without the typical collinearity problems this literature faces. This indicator is not only sound, but it is empirically appealing as it performs better than others when testing relevant hypotheses.     

民愤的刑法解读

民愤是没有直接关系的社会民众,由于刑事个案的特殊性而产生的朴素而强烈的道德情感。民愤的思想根源是中国文化的"天理"思想,受现实刑事个案某种特殊性的激发而产生。民愤属于社会范畴,只对具体案件有一定影响,但不能作为量刑的法律根据。     

论权衡方法在行政法适用中的展开

行政法裁判过程具有鲜明的利益权衡本质。在个案中如何作正当、有效的权衡,需要发展出一套适用于行政法裁判过程的方法,其具有自洽的命题体系与理论基础。以行政审判中对"滥用职权"的权衡与判断为例,可以深入认识和了解行政法权衡方法具体运用的步骤、顺序与思考的要素,从而有效地实现行政法审判结论的精准与妥当。同时要通过理论思考反思权衡方法本身的局限与问题。     

Religion and the Media in a Battle for Ideological Hegemony: the Universal Church of the Kingdom of God and TV Globo in Brazil

Abstract – Starting out from a celebrated 1995 controversy which arose from a late-night incident on Brazilian TV, the relationships between neo-Pentecostalism and established culture are explored. Taking into account traditions of legal rhetoric and of political adherence, the paper shows that what appears at one level as a religious conflict is at another level a conflict over political power, over the rhetoric and imagery of power, and for control of the popular imaginary.     

The Future of British Political History: Concluding Remarks

These concluding remarks reflect, in the light of the preceding articles, on two themes that recur throughout the collection. First, how can historians maintain an effective presence in public debate about politics in Britain? Second, how should political historians position themselves within the discipline, at a time when—it is suggested—political history is losing ground among British academic historians? It is argued here that, in each case, they should reflect on what they can most distinctively contribute, either as historians or as political historians; and that they should frame their interventions accordingly.     

Information and Values in Popular Protests: Costa Rica in 2000

The mass demonstrations in Costa Rica in 2000 opposing a government initiative to deregulate the electricity and telecommunications markets point to the importance of the paths of communication between the people and government leaders to understand mass political mobilisation. This article explains the surprising reaction of the Costa Rican public by focusing on the unwillingness or inability of the policy-makers to articulate their position in a way acceptable to the citizenry, leaving public space under the dominant influence of social organisations that opposed the initiative.     

论以毛泽东为核心的党的第一代领导集体对中国特色社会主义的历史贡献

中国共产党在领导中国人民88年的历史征途中,实现了革命、建设和改革三次深刻的社会变革,以毛泽东为核心的党的第一代领导集体起到了开拓性、奠基性的伟大作用。其领导中国革命的胜利以及社会主义建设取得的巨大成就,为中国特色社会主义的进一步发展奠定了根本的政治前提和制度基础;其对社会主义建设规律艰辛探索的积极成果,为中国特色社会主义提供了宝贵的精神财富和重要的历史借鉴;其创立的具有中国特点的基本理论和基本方法,为中国特色社会主义奠定了科学的理论基石和政策基础。