民事上诉审查制度研究

我国民事诉讼立法对于提起上诉的条件仅规定了形式要件,缺乏实质要件的内容,这与理论上对上诉权的不适当定位关系密切。上诉权作为一项程序性权利,必然受到程序进行规律的制约,而不应当视为一项当然性权利。在此前提下,借鉴国外的上诉审查理念和制度,结合我国实际情况构建我国的上诉审查制度。     

The myth of success: the emergence and maintenance of a specialized gang unit in Stockholm,Sweden

Street gangs and organized crime groups pose a unique challenge to police departments across the globe. Given their penchant for public displays of affiliation through well-recognized signs and symbols, their presence is often associated with media attention and public scrutiny, which threatens the legitimacy of the police and creates added pressure to generate a specific and public response to the threat these groups pose. The current study documents how the Stockholm County, Sweden, police developed and maintained an anti-gang operation in response to an emerging gang problem. While police officials labeled the anti-gang initiative a success in the news media, analyses of prosecution statistics and internal police documents demonstrate a less than ideal effect of this operation. Potential reasons for the discrepancy in public pronouncements of programmatic success relative to evaluation of official data are discussed.     

Racial Bias in Case Processing: Does Victim Race Affect Police Clearance of Violent Crime Incidents?

Prior studies have illustrated racial differences in perceptions of police legitimacy. African‐Americans’ views, however, appear to be complex, shaped by perceptions of over‐enforcement of crimes committed by African‐American offenders coupled with under‐enforcement of crimes involving African‐American victims. Using data from the 2002 National Incident‐Based Reporting System, we examine whether victim race (alone, and in combination with offender race) affects police case clearance of four types of violent criminal incidents (homicide, aggravated assault, rape, and robbery) as a potential explanation of African‐Americans’ reduced levels of support for the police. Results suggest that the race of the victim, particularly in combination with the race of the offender, is related to police clearance of violent criminal incidents, but that this relationship is not as strong as those between agency, offense type, and situational characteristics of the incident. Implications for research and policy on police—community relations are discussed.     

Longevity Ancient and Modern

The article examines illustrations from ancient and modern societies to consider the connections between power, social elites and knowledge of techniques to promote longevity. In pre-modern societies, knowledge of practices and substances to promote longevity were cultivated by elites such as the Chinese imperial court. In modern societies, new technologies—cryonics, cloning, stem-cell applications and nanotechnology—will offer exclusive and expensive methods for prolonging life for the rich. However one important difference between the ancient and modern world is that with secularization longevity is no longer connected with a moral life; longevity is not a reward for sanctity. We have democratized the ambition for long life but not necessarily its realization. The modern quest for longevity appears to be connected with the desire of Baby Boomer generations to hold on to their assets, but while modern medicine may help us to survive forever, it cannot tell us how to live forever.

Exploring the Effective Authority of International Administrations from the League of Nations to the United Nations

This article analyses the concept of international administration by a multilateral organization through the lens of the effective authority of example missions, arguing that the United Nations Interim Administration of Kosovo (UNMIK) and the United Nations Transitional Administration of East Timor (UNTAET) are very specific and distinct attempts at statebuilding. The article’s main argument is that the two most-cited cases in the interwar years – the Saar Territory and the Free City of Danzig, as well as the international administration of West New Guinea by the United Nation (UN) – while presenting interesting parallels with and providing useful insights into the challenges faced by the contemporary international administrations of Kosovo and Timor-Leste, are in fact drastically different endeavours in terms of the effective authority exerted on the ground. The article builds on this special section’s contribution on authority building, analysing the five international administrations through the prism of claimed, recognized, and exercised authority.     

The Legitimacy Audience Shapes the Coalition: Lessons from Afghanistan, 2001

ABSTRACT

Legitimacy considerations profoundly affect coalition-building strategies for contemporary military interventions. However, the nature of this impact depends on which of three distinct legitimacy audiences intervening governments are most concerned about: their domestic publics, the international community or the host-country population. Intervening actors typically value all three audiences, but may be more confident of some audiences’ approval than of others’. Moreover, these audiences may raise divergent demands regarding coalition design, each entailing distinctive strategic, operational and/or political costs. Intervening actors therefore make strategic choices about how to adjust their coalition, including which legitimacy audience to prioritize. Juxtaposing the two Western-led coalitions deployed to Afghanistan in 2001 highlights how profoundly such choices affect coalition design – and what unintended longer-term consequences they can have.     

Deliberative democracy in local governance: the impact of institutional design on legitimacy

Deliberative democracy is expected to increase legitimacy and effectiveness of democratic governance. In recent years, a growing body of research has reported on different instances of participatory innovations across the globe. Nevertheless, quantitative evidence on the determinants of legitimate and effective deliberative procedures is still scarce. Examining parents’ participation in school governance in Switzerland, this article explores the effect of the design of deliberative institutions on perceptions of legitimacy and effectiveness. Based on an original survey of 312 parent councils of public primary schools in Switzerland, the results of our analysis corroborate theoretical expectations about the impact of institutional design on legitimacy and effectiveness of deliberative procedures: More authority granted to parent councils clearly enhances the output-legitimacy of these bodies.     

A psychological perspective on moral reasoning,processes of decision-making,and moral resistance

ABSTRACT

This article presents a psychological approach on the development of social and moral judgments that has relevance for the topics of public justification and world politics. In contrast with approaches assuming that morality is primarily determined by emotions and non-rational, the research discussed shows that moral development involves the construction of thinking about welfare, justice, and rights. In parallel with judgments in the moral domain, individuals construct judgments about conventions in the social system and areas of personal jurisdiction. Research documents that moral and social decisions involve processes of coordination, or weighing and balancing, moral and non-moral considerations and goals, as well as different moral goals. Processes of coordination are also involved in decisions about cultural practices that include social inequalities and relationships between those in dominant and subordinate positions in social hierarchies. Judgments about the fairness of practices entailing inequalities produce social opposition and moral resistance.     

France’s reluctant parliamentarisation of military deployments: the 2008 constitutional reform in practice

Abstract

This paper investigates changes in the French parliament’s role in the control of military missions, introduced by the 2008 constitutional reform, and examines their effects on practices of parliamentary control and legislative?executive interactions. The paper analyses how the constitutional changes have developed; the attitudes of parliamentarians towards control; the knowledges they relate to legislative-executive relations; and the post-reform practice of parliamentary control of French military missions. Although legislative?executive relations with regard to military missions have been recalibrated and formalised, they have not fundamentally challenged the executive’s lead. Reasons include a strong belief in the need for effectiveness, acceptance of the institutional order, and a foreign policy culture of executive leadership. French parliamentarians value their new powers, but mostly do not seek their further extension.     

An indirect legitimacy argument for a directly elected European Parliament

Can a directly elected European Parliament help deliver standards by which the European Union can be indirectly legitimated through its component national democracies? This article argues that the Union can be indirectly legitimate where it helps member state democracies meet their own obligations to their own publics. The Union can do just that by managing externalities in ways needed to secure core values of justice, democracy and freedom from arbitrary domination within member states. Yet that poses a predicament: for if any one member state has an interest in imposing negative externalities or in freeriding on positive externalities provided by another, then so may its voters and democratic institutions. The article argues a directly elected European Parliament can help manage that predicament both by identifying externalities and by ensuring their regulation meets standards of public control, political equality and justification owed to individual national democracies.