宽严相济刑事政策与刑法解释学

刑法解释学的蓬勃发展使得刑法学生机盎然,实质解释与形式解释两种解释理念的对抗让"正义"再次展现出多元化,是打击犯罪还是保障人权,这是个价值选择问题。刑事政策为刑法解释学的走向指明了方向。当前的宽严相济的基本刑事政策表明,"宽大"与"严格"的刑事政策指导了刑法解释学的基本走向——以严格解释为基础,以扩张解释为补充。针对妨害秩序的犯罪应当严格解释,针对公民人身、民主权利和财产权的犯罪可以扩张解释。同时,尊重行为类型在刑法中的基础地位,限制想象竞合的滥用。     

中央苏区时期的作风建设及其历史借鉴

苏区干部好作风是我们党的宝贵精神财富。研究党在中央苏区时期的作风建设,阐释作风的内涵无疑是重点,但是,仅仅对苏区干部好作风这个建设成果做一般性的解释工作,还不足以发挥苏区作风的时代价值。要深入挖掘苏区作风的历史和现实意义,还需拓展研究思路,把研究的重点由内涵的解读转移到形成过程的追溯上来,只有把中央苏区时期的作风建设过程研究清楚,才能够对苏区干部好作风不仅做到"知其然"还做到"知其所以然",进而加深其理解,弘扬其精神。     

调查研究对马克思主义大众化的重大意义——基于毛泽东中央苏区调查研究实践的启示

中央苏区时期,毛泽东在全党倡导和推行调查研究,并在中央苏区作了大量的调查,把调查研究作为推进马克思主义大众化的一个重要方法,这对于新时期推进马克思主义大众化具有重要启示。通过调查研究了解社情民意是马克思主义大众化的基础环节;在调查研究基础上作出正确决策是马克思主义大众化的必然要求;在调查研究中贯彻群众路线是马克思主义大众化的重要法宝;通过调查研究改进党风是马克思主义大众化的必然之选。     

Voting on Europe: The Potential Pitfalls of a British Referendum

As Britain prepares for a possible referendum on continued membership of the European Union, it is essential that more careful thought is paid to the dynamics of referendums. Polling data reveal the existence of a substantial knowledge deficit in the UK and other parts of the EU: large numbers of voters simply do not understand the EU. There is also reason to question the conventional view that voters can correct for such a deficit by using cues from opinion leaders and the media. The experience of recent referendums in other EU member states suggests that many voters will take part in the proposed British referendum without independent and informed knowledge of the issues at stake, that many will have been swayed by partisan elite opinion, and that many will decide on the basis of their views about domestic politics rather than their views about Europe.     

石门坎现象:对清末黔西北苗族地区基督教传播的思考

从 190 4年至 1914年间 ,以贵州威宁偏僻的少数民族山寨石门坎为中心 ,形成了一个幅射滇、川边 ,有 6万多居民信仰基督教的社区。究其原因 ,过去用“伴随着帝国主义侵略势力侵入和不平等条约的签订而获得发展”来解释 ,这没有错 ,但单纯从外部条件来认识外国宗教势力的侵入 ,显然难以说明石门坎现象。研究表明 ,石门坎现象除了上述外部条件外 ,其内生的社会环境构成了它生成的社会基础 ,它包括以下几个因素 :偏远地区少数民族的苦难和贫困 ;偏远少数民族地区实际存在着的由于主体政治权威偏离产生的二元政治地理 ,并因此而导致出多元权力对立的耗散结构 ;少数民族宗教形态的原始性较基督教的弱势。     

The rewards of cooperation: The effects of membership in European regulatory networks

Networks famously epitomize the shift from ‘government’ to ‘governance’ as governing structures for exercising control and coordination besides hierarchies and markets. Their distinctive features are their horizontality, the interdependence among member actors and an interactive decision‐making style. Networks are expected to increase the problem‐solving capacity of political systems in a context of growing social complexity, where political authority is increasingly fragmented across territorial and functional levels. However, very little attention has been given so far to another crucial implication of network governance – that is, the effects of networks on their members. To explore this important question, this article examines the effects of membership in European regulatory networks on two crucial attributes of member agencies, which are in charge of regulating finance, energy, telecommunications and competition: organisational growth and their regulatory powers. Panel analysis applied to data on 118 agencies during a ten‐year period and semi‐structured interviews provide mixed support regarding the expectation of organisational growth while strongly confirming the positive effect of networks on the increase of the regulatory powers attributed to member agencies.     

How citizenship matters: narratives of stateless and citizenship choice in Estonia

The phenomenon of statelessness is most often studied as an issue of international and human-rights law. In contrast, this paper examines narratives of citizenship choice among initially stateless Russian-speaking residents of Estonia in order to explore the practical meanings of (non)citizenship in a context where the available options include both national citizenship and statelessness. While legal aspects of citizenship do explain many of the perceived benefits and disadvantages of various citizenship options, we find that deliberations about citizenship choice also reflect extra-legal normative and affective dimensions of civic belonging. The resulting multidimensional model of citizenship helps account for courses of action that would appear anomalous if citizenship choice were merely an instrumental matter of weighing the costs and benefits of different options. It also points to a growing disjuncture among citizenship as a source of legal rights and obligations, as a normative framework, and as a site of attachment and identification.     

Domestic European Union Coordination and Interest Group Mobilization in Three Member States: Looking Beyond the Formal Mechanisms

One conclusion in the literature on domestic European Union (EU) coordination is that the formal institutional properties of countries—devolved versus centralized or unitary—affect the nature of coordination practices. Basically, the view has emerged that domestic coordination is a largely bureaucratic process in which political control mechanisms remain relatively weak. Instead of only looking at public authorities and their formal networks, this article relies on a data set that allows us to analyse informal political-administrative networks and look at how societal interests mobilize and target policymakers in order to shape the position governments defend at the EU level. One of our conclusions is that despite devolution in Belgium, its intergovernmental coordination shows a considerable level of network centralization, even when compared to unitary countries such as France and the Netherlands, meaning that there are large differences between the three states with respect to the connectedness of the actors involved.     

试述青救会在晋西北根据地的抗战宣传活动

青年救国会是抗战时期中国共产党在晋西北根据地领导的青年爱国组织。它以抗战救国为宗旨,积极宣传党在根据地的路线、方针和政策。从它成立之日起,就积极承担起宣传动员晋西北广大青年的任务,在动员青年参战参军、开展文教活动、参加生产劳动和参与民主政权建设等方面发挥了重要作用。     

The Effects of Sharp‐Force Thoracic Trauma on the Rate and Pattern of Decomposition

Given the multiple factors that may alter the rate of decomposition, one of the more difficult tasks that anthropologists and pathologists face is determining of the postmortem interval (PMI). While trauma has been widely accepted as being among those factors, recent published studies have contradicted this premise. However, major issues exist with these studies. Consequently, this study was designed to simulate a more realistic setting in an effort to settle this discrepancy in the literature. This study utilized eight porcine remains; three of which received incised wounds penetrating the thoracic cavity, three others received nonpenetrating wounds, and two were designated nontrauma controls. Measurements included evaluating the total body score (TBS) on temporal and accumulated degree days (ADD). Using a two‐way repeated measures ANOVA, the results of this study found that while trauma does have an influence in the pattern of decomposition, it does not influence the rate of decomposition.