预决事实若干问题研究

现行司法解释对预决事实仅作了原则性的规定,然而,在司法实践中,这一规定的实施虽然有助于诉讼效率的提高,但在某些情况下,却违反了正当程序保障原则,造成了新的不公正。因此,预决事实在一定条件下才具有预决的效力,即参加诉讼的当事人相同;该事实须是人民法院判决的主要事实;对该事实的证明符合正当程序原则。符合条件,当事人无需举证,法院可以直接予以认证。基于此,具体分析了预决事实的具体适用情形。     

宪政国情与我国宪法监督模式的选择

宪法监督模式的选择必须符合我国国情,这是宪法监督发挥作用的前提。我国宪政国情可以从三个方面考察：政治理念上,强调议行合一;制度层面上,人大制度是保障人民当家作主的基本制度;实践层面上,执政党是实际的国家权力中心。特有国情使我国宪法监督制度的完善面临是否承认分权、人大是否受监督、执政党行为是否受制约等困惑。特有国情决定了我国宪法监督制度实质是保障各级各类国家机关贯彻执行执政党的方针政策,而关键是各级党组织及其领导人行为应受合宪审查。我国应建立执政党成员占主导地位的、中央与省两级分别设立的宪法监督委员会。这种宪法监督模式有利于实现对执政党组织的监督,有利于树立人大权威,有利于实现政党与国家关系的法律化。     

德国社会民主党发展党内民主的经验

德国社会民主党是民族国家范围内建立的第一个以科学共产主义为指导的无产阶级政党。德国社会民主党非常重视党内民主建设,在坚持党代会年会制、健全党内监察制度、实行民主制等方面为各国政党树立了榜样。但是,德国社会民主党只重视组织建设,而忽视了思想建设,使得修正主义、机会主义在党内逐渐泛滥,终于导致1914年党的破产。我们要学习德国社会民主党在组织建设方面的经验,汲取其在思想建设方面的惨痛教训,推进中国共产党党内民主的发展。     

略论知识经济与学报编辑工作

２１世纪是知识经济的世纪,知识经济强调产品和服务的数字化、网络化、智能化,它更是人性化的经济。知识经济给学报编辑工作带来诸多挑战,使之须在知识经济理念的指导下,在人才培养、学报内容、编辑手段和体制等方面进行思想和行动上的创新,以推动学报编辑工作的发展。     

试论经济全球化形势下党的作风建设

经济全球化既为党的作风建设提供了新的机遇,同时又使党的作风建设面临严峻的考验。以积极的心态应对经济全球化,这是我们党主动适应经济全球化采取的正确的决策。     

浅论清末民初章士钊的政党思想

章士钊是中国近代史上著名的思想家和理论家,他注意观察和研究近代民主政治,尤其是政党政治,他强调党纲的重要性,推崇英国式的政党内阁制,并由此提出了毁党造党说,即政党和国内政治资源的重新优化组合,一方面,所谓党者尽毁之,既毁其名又毁其实,另一方面,造有党纲之党,在国内形成两大政党对抗的局面。毁党造党说轰动一时,但因不符合中国的国情而遭到失败。     

The next steps in academic integrity — education,awareness, norms,duty and law

We conducted and analyzed several internet surveys in order to understand the profile of global research integrity and ethical awareness, encompassing global population distribution. These were (1) the global distribution of Committee of Publishing Ethics (COPE) membership; (2) the global distribution of “Integrity” or “Ethics” journals; (3) the level of academic integrity awareness in European higher education institutions and (4) awareness of academic integrity in the top universities of Asia and Africa. The results of this survey series highlight seriously imbalanced awareness of research integrity and publishing ethics across the world, especially in developing areas with the highest population density. We therefore propose a new index, the “Academic Integrity Awareness Index” for future discussions across the linked spheres of publishing and research.     

Partisan effects in morality policy making

Current comparative policy research gives no clear answer to the question of whether partisan politics in general or the partisan composition of governments in particular matter for different morality policy outputs across countries and over time. This article addresses this desideratum by employing a new encompassing dataset that captures the regulatory permissiveness in six morality policies that are homosexuality, same‐sex partnership, prostitution, pornography, abortion and euthanasia in 16 European countries over five decades from 1960 to 2010. Given the prevalent scepticism about a role for political parties for morality policies in existing research, this is a ‘hard’ test case for the ‘parties do matter’ argument. Starting from the basic theoretical assumption that different party families, if represented in national governments to varying degrees, ought to leave differing imprints on morality policy making, this research demonstrates that parties matter when accounting for the variation in morality policy outputs. This general statement needs to be qualified in three important ways. First, the nature of morality policy implies that party positions or preferences cannot be fully understood by merely focusing on one single cleavage alone. Instead, morality policy is located at the interface of different cleavages, including not only left‐right and secular‐religious dimensions, but also the conflicts between materialism and postmaterialism, green‐alternative‐libertarian and traditional‐authoritarian‐nationalist (GAL‐TAN) parties, and integration and demarcation. Second, it is argued in this article that the relevance of different cleavages for morality issues varies over time. Third, partisan effects can be found only if individual cabinets, rather than country‐years, are used as the unit of analysis in the research design. In particular, party families that tend to prioritise individual freedom over collective interests (i.e., left and liberal parties) are associated with significantly more liberal morality policies than party families that stress societal values and order (i.e., conservative/right and religious parties). While the latter are unlikely to overturn previous moves towards permissiveness, these results suggest that they might preserve the status quo at least. Curiously, no systematic effects of green parties are found, which may be because they have been represented in European governments at later periods when morality policy outputs were already quite permissive.     

Positions and saliency of immigration in party manifestos: A novel dataset using crowd coding

Immigration is one of the most widely debated issues today. It has, therefore, also become an important issue in party competition, and radical right parties are trying to exploit the issue. This opens up many pressing questions for researchers. To answer these questions, data on the self‐ascribed and unified party positions on immigration and immigrant integration issues is needed. So far, researchers have relied on expert survey data, media analysis data and ‘proxy’ categories from the Manifesto Project Dataset. However, the former two only give the mediated party position, and the latter relies on proxies that do not specifically measure immigration. The new dataset presented in this article provides researchers with party positions and saliency estimates on two issue dimensions – immigration and immigrant integration – in 14 countries and 43 elections. Deriving the data from manifestos enables the provision of parties’ unified and unfiltered immigration positions for countries and time points not covered in expert surveys and media studies, making it possible to link immigration and immigrant integration positions and saliency scores to other issue areas covered in the Manifesto Project Dataset. Well‐established criteria are used to distinguish between statements on (1) immigration control and (2) immigrant integration. This allows for a more fine‐grained analysis along these two dimensions. Furthermore, the dataset has been generated using the new method of crowd coding, which allows a relatively fast manual coding of political texts. Some of the advantages of crowd coding are that it is easily replicated and expanded, and, as such, presents the research community with the opportunity to amend and expand upon this coding scheme.     

Foreign threat and political party change: Russia and changes in party manifestos

How do political parties react to foreign security threats? There has been very little attention paid in the literature generally to how parties react to international events, particularly how parties react to foreign policy threats. Using data from the Comparative Manifesto Project, we examine how political parties in countries in Europe have reacted to Russian actions in terms of their emphasis on security issues. Based upon our analysis of the manifestoes from 331 parties in 36 countries we find that, generally, interstate threats have no significant effect on the military position adopted by political parties, although these effects vary by party type and by the type of threat. Russian based threats appear to be associated with the Far Left becoming more dovish (which is consistent with what would be expected by the literature) and the Far Right becoming significantly less hawkish.