检察机关适用刑事和解的程序问题研究

刑事和解已经成为我国各地检察机关广为实践探索的刑事司法改革措施,但由于缺少法律依据,程序适用上的不协调问题比较严重。本文对检察机关在审查起诉、呈捕以及审判阶段如何适用刑事和解的程序问题进行了研究,并探完了如何防止刑事和解中滥用检察权的途径,以促进相关立法的完善以及刑事司法改革的顺利开展。     

浅议行政诉讼举证责任

举证责任是行政诉讼证据理论与实践的中心课题,公安行政诉讼是行政诉讼的重要组成部分。研究行政诉讼举证责任,明确其含义,无疑对公安行政诉讼具有重要的指导意义。     

浅谈治安案件办案程序的几个问题

在治安案件的办案实践中，无视程序、错用程序等违法现象较为普遍，究其原因是多方面的，其中一个重要的原因是办案程序意识不强。因此，规范办案程序及其文书制作，对于提高治安案件的办案质量，是十分必要和重要的。     

The UK Politics of Overseas Voting

The enfranchisement of non‐resident citizens has always been controversial in the UK, where for historical reasons, voting rights are not as closely associated with citizenship as elsewhere. The introduction of ‘overseas’ voting in the 1980s by the Conservatives was contested by Labour as a form of ‘international gerrymandering’ since expatriates were widely assumed to be disproportionately wealthy and therefore more likely to vote Tory. Expatriate campaigners have been increasingly vocal in denouncing the ‘electoral injustice’ of the ‘fifteen‐year rule’ which disenfranchises them after fifteen years abroad, and the exclusion of so many from the EU referendum highlighted their cause. A recent private member's bill proposing ‘votes for life’ for UK expatriates aimed to meet their demands to abolish the time restriction, now considered anachronistic. But their arguments were hijacked by historically embedded attitudes and disputes driven by party politics, ending in a dramatic and bewildering filibuster which this paper elucidates.     

Old wine in new bottles? Reassessing the effects of globalisation on political preferences in Western Europe

In both public and scholarly debates, globalisation has recently been accredited with a massive impact on the political preferences and electoral behaviour of Western citizens. Some go as far as to declare a new cleavage between winners and losers of globalisation, driven, for example, by individuals’ exposure to international competition and their degree of national as opposed to cosmopolitan identification. Extant tests of this argument have, however, relied on class and education as proxies for these processes. In contrast, this study provides a direct test of the influence of the globalisation processes on attitudes to economic distribution, the European Union and immigration as well as on vote choice across nine West European countries. The results show that variables tapping the core aspects of globalisation have relatively little impact on attitudes and vote choice; are largely unable to account for the effects of class and education; and do not seem to lead to the establishment of new divisions between winners and losers within or across classes. Rather, the winners and losers of globalisation seem to be the traditional winners and losers with respect to material positions and political influence in modern Western societies – that is, those placed higher as opposed to lower in the class and education hierarchies. In this way, the proposed cleavage between winners and losers of globalisation may seem to be rather much like old wine in new bottles.     

Republican democracy and compulsory voting

In this article, I focus on Chapters 4 and 5 of On the People’s Terms, chapters that deal with democratic influence and control. I take an applied political science approach to how Pettit’s republic might be practically achieved by exploring the under-appreciated capacity of elections to mobilise the resistance-prone, contestatory public upon which his republicanism depends. Whereas Pettit tends to focus on public contestation between elections and only demands that the public has the opportunity to vote when elections are held, I argue that they should be given a more prominent role within his republic and further, that access to voting is not enough: rather, citizens should actually vote. In order to ensure that participation is socially inclusive and that the public’s attempts at influence are ‘individualised’, ‘unconditioned’ and ‘efficacious’ in the manner Pettit desires, I suggest that compulsory voting should be a major pillar of his republicanism.     

民事审前调解程序的构建

法院调解历来是解决民事纠纷的重要途径,针对我国传统法院调解中＂调审合一＂、＂调解与审判功能混淆＂的弊端,民事审判制度的改革提出了＂调审分离＂的改革方案。审前调解就是实现调解程序和审判程序分离,是在立案后开庭审理之前,由法院专门调解人员主持下进行的调解。审前调解程序具有当事人处分权优先性、独立性、契约性、职业化和专业化的特征,具有不同于审判程序的调解原则和程序设置。     

关于完善我国行政处罚听证程序的法律思考

听证程序在我国还是一项崭新的法律制度,无论从理论上还是实践上都与国外有较大的差距。文章在阐述行政处罚中的听证程序概念及主要内容的基础上,分析了我国行政处罚听证程序中存在的缺陷和不足,同时提出了完善我国行政处罚听证程序的相关建议。     

More than wishful thinking: Causes and consequences of voters’ electoral expectations about parties and coalitions

Accurate expectations about the outcome of elections play a central role in psychological and economic theories of voting. In the paper, three questions about voters’ expectations are investigated. First, we identify and test several factors that influence the overall accuracy or quality of voters’ expectations. Second, the phenomenon of “wishful thinking” is tested and confirmed for expectations about the electoral performance of individual parties and coalitions. Finally, two mechanisms how expectations might influence voting behavior are identified and tested. Based on surveys from Austria and Germany, the results suggest that voters not only rely on expectations to avoid casting “wasted” votes for parties without electoral chances, but that they are able to engage in fairly sophisticated strategic coalition voting.     

The second-order election model revisited: An experimental test of vote choices in European Parliament elections

This paper examines the micro-foundations of the second-order elections model of European Parliament (EP) elections. We extend the existing literature in several ways. First, we propose an individual-level model of voting behaviour in second-order elections. Second, we present the first study using experimental methods to test the predictions of the second-order model, allowing us to test the individual-level propositions about vote choice in a controlled environment. Importantly, we also examine the conditioning effect of information on the ‘second-order’ nature of voting behaviour in EP elections. Our findings show that while voters base their EP vote choices primarily on domestic preferences, those who are given additional information about the European integration dimension are also more likely to vote on this basis.