社会保障权的宪法思考

社会保障权是公民在年老、疾病或者丧失劳动能力的情况下,国家和社会给予物质帮助的权利.社会保障权既是社会权利、经济权利,更是宪法权利、基本权利.确立社会保障权的宪法地位对于发挥其保障作用尤为关键.     

论强制程序条款下辩方证人出庭

对质条款和强制程序条款作为保障被告人权利的重要条款,是证人出庭的两条基本依据。目前刑事诉讼领域的立法和实践主要聚焦于对质条款下的证人出庭,对依据强制程序条款下的证人出庭程序缺乏足够的重视,使得对质条款和强制程序条款的平衡性丧失。辩护律师依此条款申请辩方证人出庭,人民法院认为确有必要的应当同意;证人可以主张不得强迫自证其罪特权,但不能以近亲属特权、律师当事人特权或者国家秘密作为拒绝作证的理由;对拒不出庭或者出庭后拒绝作证的可以强制到庭和司法拘留;增加规定携带证据到庭的通知书等。     

Buyer and Seller Differences in Business‐to‐Business Negotiations

The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative research methods, including both comparative analysis and frequency analysis. We found some difference between buyers' and sellers' use of negotiation tactics, which suggests this question deserves further empirical study. Buyers' and sellers' use of specific tactics differs according to which overall strategy the negotiators chose, and sellers generally use a greater number of negotiation tactics than buyers. The findings challenge previous findings that suggest that B2B negotiations are collaborative and that negotiators communicate in a collaborative manner. The findings also increase our understanding of buyers' and sellers' variable use of tactics in the course of everyday practice as well as the interplay between negotiation tactics and strategies.     

Vigilante justice and informal policing in post-Euromaidan Ukraine

During and after the Euromaidan, the Ukrainian society experienced an emergence of non-state groups that combined elements of civic activism and paramilitarism. They operated independently from the state and often used extra-legal violence to restore law and order, deliver justice, and protect Ukraine from external and internal threats. Their conduct closely resembles vigilantism. This article draws on the body of criminological and sociological research on vigilantism in order to understand the diverse landscape of vigilante groups in post-Euromaidan Ukraine. It explores the complex relationship between the most representative vigilante groups, the Ukrainian government, and the political and business elites; analyzes the legal boundaries of vigilantism in Ukraine; and discusses the outcomes of vigilante justice for democratic consolidation, rule of law, and human rights. This article offers a new paradigm for theorizing popular mobilization in Ukraine and sheds light on important dimensions of the formation of an informal system of policing and justice.     

Opposition to immigration in contemporary Russia

The study examines sources of opposition to immigration in contemporary Russia. It distinguishes between two types of opposition to immigration: exclusionary attitudes based on national membership and exclusionary attitudes based on race or ethnicity, directed exclusively at foreigners with non-Slavic or non-European origins. Findings indicate that a quarter of ethnic Russians can be classified as “racial exclusionists”; they are willing to admit immigrants who share a race/ethnic group with most of Russia’s people but object to the admission of racially/ethnically different immigrants. Another 42% of ethnic Russians are classified as “total exclusionists”; they object to immigration of all foreigners, regardless of their race/ethnicity. Multivariate analysis focuses on the impact of perceived collective vulnerability, human values, and socio-demographic attributes. Opposition to immigration in Russia is further situated within temporal and cross-national comparative perspectives. Apparently, exclusionary attitudes toward immigrants who share a race/ethnicity with most Russians increased between 2006 and 2016.     

Consequences of Forced Residential Relocation: Early Impacts of Urban Renewal Strategies on Forced Relocatees’ Housing Opportunities and Socioeconomic Outcomes

Policymakers have actively pursued urban renewal and dispersal programs to deconcentrate poverty in urban neighborhoods. Relocation strategies lead to new housing opportunities and may encourage employment opportunities for relocated residents if resourceful contacts and job information become more easily available after the move. This study provides an innovative evaluation of the early impacts of involuntary relocation programs in the Netherlands on the housing careers, earnings and employment rates of forced relocatees. It establishes a quasi-experimental design by employing unique longitudinal individual-level population registry data from Statistics Netherlands: forced relocatees are tracked and matched to a control group consisting of similar residents that were not forced to move. A difference-in-difference design shows that forced relocatees are living in less deprived neighborhoods after the move. However, we find no conclusive evidence that this upgrade in housing leads to more socioeconomic opportunities for the forced relocatees.     

The right to vote and nomadic voter enrolment

What model of voter enrolment is appropriate for states with nomadic minority populations? The present paper examines this question with reference to an equality-based, moral right to vote and considers four models that track some of the different institutional strategies that have been developed by states with transient populations. The paper shows that the right to vote is compatible neither with a model that makes permanent residence in a constituency an absolute condition for voter enrolment and so excludes nomads from the electoral process, nor with a model that enables nomadic voter enrolment but restricts the number of nomads that can enrol in a single constituency. But the right is, subject to certain caveats, consistent with a model that enables nomads to enrol in a constituency of their choice and, as well, with a model that enables nomads to enrol and vote in a distinct, non-territorial constituency.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Fascism as Action through Time (Or How It Can Happen Here)

The purpose of this paper is to discuss how fascism may be identified by its actions, the stages through which a fascist rule takes power, and how to recognize it before it does so. The thesis is that a fascist takeover of a democratic government is rapid and unexpected. Its goal is a revolutionary reversal of representative government in the name of the people, while it accomplishes the opposite: a single-party corporate regime that replaces individual liberty with subtle, bureaucratic, and overt types of coercion. Rather than generate a generic definition of the many types of fascism, it is more useful to study how it affects the lives of ordinary people, the milieu out of which it develops, and what its precursors look like. Understanding fascism entails studying it from the point of view of those who lived under it and recorded their experiences, as well as from the analytic perspectives of social scientists. As Robert O. Paxton observes: “The fascist phenomenon was poorly understood at the beginning in part because it was unexpected.”¹Robert O. Paxton, “The Five Stages of Fascism,” in Fascism: Critical Concepts in Political Science, edited by Roger Griffin, vol. I (2004), Chapter 14, 305–26.View all notes We are facing the question again in 2017 with the surprise election of Donald Trump as the forty-fifth president of the United States by a minority of the popular vote and the evident support of the white nationalist milieu. Paxton proposes a five-stage theory for understanding fascism in its many varieties. A developmental sequence is proposed against which current events in the United States may be assessed.