民事法律监督视野中的“先法后检”模式

"先法后检"模式及相关立法造成两次再审,在国家利益和社会公共利益的保护、对恶意诉讼的打击等方面未予以例外规定,拉远了检察院与当事人间的"距离"。为此,检察院应树立科学的执法理念,严格执法,积极与法院合作,确保该模式得以贯彻落实,并取得良好的成效。     

De-idealizing the democratic civil peace: on the political economy of democratic stabilization and pacification in Argentina and Ecuador

In the liberal concept of a ‘democratic civil peace’, an idealistic understanding of democratic stabilization and pacification prevails: democracy is seen to guarantee political stability and social peace by offering comprehensive representation and participation in political decisions while producing outcomes broadly in accordance with the common interest of society. This contrasts with the procedural quality and the material achievements of most, if not all, really existing democracies. South America is paradigmatic. Here, the legitimation of liberal democracy through both procedure and performance is weak and yet ‘third wave democracies’ have managed to survive even harsh economic and political crises. The article presents a conceptual framework to analyse historically specific patterns of democratic stabilization and pacification. Analyses of the processes of socio-political destabilization and re-stabilization in Argentina and Ecuador since the late 1990s show how a ‘de-idealized’ perspective on the democratic civil peace helps explain the viability of democratic regimes that systematically deviate from the ideal-type conditions for democratic survival that have been proposed in the literature.     

The primacy of political security: contentious politics and insecurity in the Tunisian revolution

The removal of Ben Ali's regime in Tunisia signalled the start of the Arab Spring. The abrupt nature of the regime change raises questions about why it happened in the way it did. This article examines the contextual factors that precipitated the regime change through the lens of political security. The aim is to examine how political insecurity in society led to the emergence of opposition sufficiently organized to unseat Ben Ali. The paper develops a framework to consider how the loss of legitimacy by the regime opened the space for opposition. Attempts to restrict opposition failed to address underlying claims, leaving the way open for the opposition to unite following the self-immolation of Mohammed Bouazizi.     

Subverting autocracy: emancipative mass values in competitive authoritarian regimes

Competitive elections in authoritarian regimes are inherently ambiguous: do they extend regime persistence or, vice versa, operate as subversive events? This article tests Inglehart and Welzel's “emancipatory theory of democracy”, which has not been tested for competitive elections in autocracies: when emancipative values grow strong, autocratic power appears increasingly illegitimate in people's eyes, which motivates subversive mass actions against authoritarian rule. For electoral outcomes this suggestion implies, first, that authoritarian incumbents are more likely to suffer electoral defeat when emancipative values have become more widespread. Second, post-electoral protest against fraudulent elections is more likely when emancipative values have become more widespread. To test these hypotheses, we analyse 152 elections among 33 electoral authoritarian regimes over 21 years from 1990–2011. We find that emancipative values are indeed strongly conducive to incumbent defeat while their effect on post-electoral protest is conditional: it only occurs in elections won by the incumbent. These findings intertwine two separately developed literatures: one on authoritarian regime subversion and the other on emancipatory cultural change.     

解读和正确把握民事检察监督中的抗诉条件

修订前的《民事诉讼法》,检察机关提出抗诉的条件只是原则性地规定了四种情况,缺乏可操作性。2008年4月1日起执行新修订的《民事诉讼法》,对此作了较大的修改,对"事实认定错误"、"适用法律错误"、"程序违法"等进行准确理解和适用,及时转变观念、加强调研,正确把握好修改后的抗诉条件成为当前检察机关开展民事抗诉工作的首要任务。     

行政诉讼检察监督改革二题

依据司法公正原则、尊重和维护审判独立与裁判权威原则、遵循行政诉讼基本原理原则、坚持国家利益和社会公共利益原则 ,进一步完善行政诉讼抗诉机制 ;依据现实需要 ,建立检察机关提起行政诉讼机制     

民事抗诉制度探析

随着审判制度改革的不断深入,民事诉讼领域中审判权与检察抗诉权之间的冲突已日益彰显,影响了法治目标的实现,因民事抗诉制度的改革势在必行。本文拟在分析和评价当前民事抗诉制度的几种主要说法的基础上．从理论和实践两个方面探讨我国抗诉制度的应有品格,以期为今后民事抗诉制度之立法完善提供认识论基础．     

Baring it all for Activism: The 1985 Naked Protest in Mexico

This article analyses the 1985 naked protest carried out by silver miners of Pachuca, Mexico. This singular form of resistance, the first in Mexican labour history and organised by a dissident group within the miners' union called Liberación Minera (Miners Liberation), forced management to recognise and temporarily solve some of the miners' grievances. The naked protest unveiled the shady practices of the miners' employer, the state-owned Compañía Real del Monte y Pachuca, which refused to provide work clothes and safety equipment to miners. It also pointed to the miners' union leadership's complicity in the deterioration of labour conditions. Part of the miners' naked protest success had to do with the support that they gained from members of the left-wing press who used the protest to offer an early critique of Mexico's neoliberal policies. The 1985 naked protest occurred during one of Mexico's most severe economic crises and only four years before the company became privatised. This protest is one of the last examples of organised labour resistance before industries closed down and fired thousands of workers.     

Sensitivity to befallen injustice and reactions to unfair treatment in a laboratory situation

At Time 1, 171 students were administered questionnaires for measuring sensitivity to befallen injustice (SBI), trait anger, anger in, anger out, anger control, self-assertiveness, and attitudes toward principles of distributive justice (equality of chances, equity). Two months later (Time 2), 75 of these subjects were treated unfairly in a laboratory situation dealing with competition and achievement behavior. Two justice principles were violated: the equality of chances principle and the equity principle. Four weeks later (Time 3), 32 subjects evaluated the unfair treatment in retrospect. All three occasions were presented as independent studies with the subjects perceiving no connection between them. In line with our hypotheses, we found that immediate and delayed reactions to the unjust treatments depended to a considerable degree on SBI. For example, the combined score of the SBI questionnaire predicted, with a beta weight of .71, a combined rating of three experts who used various sources of objective information (e.g., tape-recorded interactions between subject and experimenter) to estimate the degree to which the subject displayed emotional, verbal, and behavioral resentment against the unfair treatment. At the same time, measures for other constructs (e.g., assertiveness, trait anger, anger expression), which can also be linked theoretically to the criteria, explained either none or a much smaller proportion of variance in reactions to unjust treatment.     

Taiwan’s Anti-Nuclear Movement: The Making of a Militant Citizen Movement

Social movement studies have constantly focused on research relating to movement strategy, without reaching a consensus on the most viable strategies for realising a movement’s goal. Instead of conceptualising movement strategy as merely a product of movement leaders’ rational calculations, this article analyses a case of strategy shift attributable to leadership replacement and unexpected events. This article examines the significant breakthroughs achieved by Taiwan’s anti-nuclear movement following Japan’s Fukushima Incident in 2011, as well as the 2014 Sunflower Movement in Taiwan. It argues that a militant citizen movement came into being because a new wave of activism employed non-partisan leadership and demonstrated a willingness to employ disruptive tactics. Mounting protests generated a split among members of the traditionally pro-nuclear Kuomintang political party, which was forced to halt the construction of the fourth nuclear power plant in 2014. With the regime change in 2016 that brought the more environment-friendly Democratic Progressive Party to power, Taiwan is now on course to phase out nuclear energy.