刑期折抵的理论定位

在现代刑法中,刑期折抵不只是一个法律规定,而且是一种现代法律制度。这种法律制度,相对于所处法律关系的不同,可有不同的理论定位。其中,从羁押折抵刑期的本质来看,其立法设置旨在救济未决羁押之正当性瑕疵,是刑事实体救济制度;从罪刑关系运行所处时间阶段来看,其司法适用需要审判裁量,是刑罚裁量制度;从适用的法律后果来看,其司法适用导致刑罚执行权的部分甚至全部消灭,是刑罚消灭制度。     

Passports, Mobility, and Security: How smart can the border be?

After September 11, 2001, a great deal of public and policy attention has been devoted to border security, passports, and the global mobility regime. This article examines the context of the global regulation of movement of individuals and the evolution of the passport in particular. It then examines the current American border security architecture. The creation of the Homeland Security Department reflects a sea-change in the view of the border, and these new policies are evaluated in regard to three cases: the U.S./Canada border, the document/examination policies at the American borders, and the European Schengen mobility regime.     

俄罗斯国家政权体制的改革及其特征

普京就任总统后,把加强中央集权制作为重要治国方针。此举,对加强中央权威,稳定社会秩序,抑制经济下滑,产生了巨大的促进作用。     

Global Astana: nation branding as a legitimization tool for authoritarian regimes

This paper examines how, in post-Soviet Kazakhstan, both channels of elite and banal nationalism (such as sports and higher education) serve as instruments to promote the country. Through these channels, Kazakhstan is portrayed as an open, dynamic and successful country, an image which is in serious disjuncture with the authoritarian nature of the regime. Taking advantage of massive oil revenues, the government organized a significant OSCE general conference in 2010, while chairing the institution. In addition, it created the Astana professional cycling team, which rapidly became a world leader in the sport. Last but not least, Nazarbayev University, attracting prominent Western scholars, is now designed to make the country compete in the international arena of academic rankings. Domestic and international performances are thus treated as instruments to promote the legitimacy of the state at national and global levels. But this would not be possible without the help of individual actors who actively participate in this process. A close investigation shows that their social capital is based on global connections in various spheres (sports, finance and academia). This paper draws on evidence gathered through qualitative methods of enquiry (participant observation and semi-structured interviews). Finally, Astana is treated as a Latourian actor-network that has its own life and agency, thanks to the global association of various human actors and material objects.     

The political value of languages

A theory of linguistic justice needs to take into account the three distinct values of language as a medium for communication, as a source of individual identity and as an instrument for political self-government. Doing so would undermine Van Parijs’ claim that political borders and peoples should be downgraded to a purely instrumental role for purposes of social justice. But it would widen the scope of egalitarian global justice by including a universal right of individuals to membership self-governing polities and it could provide more solid theoretical foundations for his defence of coercive territorial language regimes.     

Fragmented or cohesive transnational private regulation of sustainability standards? A comparative study

Literature on private regulation recognizes the proliferation of competing regulatory organizations and approaches in various industries. Studies analyzing why fragmentation arises so far focus on single‐case studies, the exploration of single variables, or variation in types of fragmentation. This article analyzes why in certain industries and for certain issues regulatory organizations proliferate, while in others a single regulatory organization emerges which covers the entire industry. Through a comparative case study of private regulation of sustainability standards in the forestry, clothing, IT‐electronics, and chemicals industries, we show how a combination of low industrial concentration, civil society involvement in governance, and stringent standards of a first‐moving regulator offer the strongest explanation for a fragmented private regulatory field, while high industrial concentration, business‐driven governance, and lenient standards of a first‐moving regulator lead to cohesive regulation.     

拉美金融脆弱性的根源及启示

拉美国家普遍具有金融脆弱性这一特征。这一现象归因于结构缺陷、汇率制度僵化、过早金融自由化、高度财政赤字化和债务化等多个方面。它带给发展中国家的启示是应选择适宜的汇率制度、外汇与债务管理制度、宏观经济政策 ,以期保持经济长期可持续发展     

政府主导模式与证券公开规制的失效

中国证券公开规制的体制基础,即“政府主导模式”创造了激发“造假”(即虚假信息披露)行为的制度条件,公开规制法律的失效难以避免。中国当前体制弊端的实质是扭曲了政府与市场关系的基本定位,与公开规制的制度理念发生直接冲突。因此,证券市场的制度建构乃至其他社会制度变迁的过程,绝非单纯的移植先进法律规范和执行法律的问题。仅就公开规制而言,法律规范及其预设目标的实现,除了立法和执法的自身建设之外,还必须根据制度内蕴的价值和理念要求,创造法律适用的制度环境,尤其包括政府行为方式与公众的社会观念的转变。     

改造权力——法律职业阶层在中国的兴起

统一司法考试有利于法律职业者素质的提高和法律职业阶层的形成。世界各国都注重通过法律职业的建构来保证司法产品的高品质。中国传统社会权力结构的二元冲突体现在司法上 ,即是司法政党化、行政化和地方化。法律职业阶层的兴起是中国向现代社会转型的结构力学 ,是司法独立的保障。     

The file on operation “Priboi”: A re-assessment of the mass deportations of 1949

Abstract

Using information from documents found in the Russian State Military Archives, this article discusses the organization and execution of the Soviet mass deportations from the Baltic States in March 1949 — code-named Operation “Priboi” by the USSR MVD. These findings are presented for the first time in English, in the context both of established historiographical interpretations and recent literature on the deportations. The aim is to encourage a scholarly reassessment of Operation “Priboi” as a crime against humanity perpetrated by the Soviet occupation regime, but supported by indigenous collaborators to a far greater degree than previously assumed.