未生效民事裁判抗诉问题探究

现行民事诉讼法将检察机关抗诉范围限定为生效民事裁判,导致未生效民事裁判的检察监督出现缺位,不利于及时保护国家利益、社会公共利益和维护社会秩序稳定。当前全国人大常委会已启动民事诉讼法的修正程序,应以此为契机,将未生效民事裁判纳入抗诉范围。此外,为保障未生效民事裁判抗诉权的正确行使,还应将其与民事公诉权和参与诉讼权有机结合,明确限定检察机关提起、参与民事诉讼的范围。     

The effects of unfair procedure on negative affect and protest

The present study extends earlier research on procedural unfairness by assessing subjects' reactions to a procedural change before they learn about the outcome of the changed procedure. Subjects performed a series of four tests. After three tests, the procedure to calculate the test scores was changed into a procedure that was very inaccurate or slightly inaccurate compared to what subjects had experienced until then. The very inaccurate procedure was judged as more unfair as the slightly inaccurate procedure. As predicted, the unfair procedure raised negative affect and motivated subjects to protest. Implications of the results for procedural justice theory are discussed.     

“邻避运动”在澳门的兴起及其治理——以美沙酮服务站选址争议为个案

由选址问题引发的邻避运动是一个世界性的现象。自回归后第二个五年来,具有邻避特征的公共设施选址争议在寸土寸金的澳门日益增多。本文以澳门美沙酮服务站选址争议为个案,从风险认知和决策模式两方面分析了社区居民反对政府选址政策的原因,进而提出在社区层面引入参与式治理,期冀从源头上应对邻避抗议运动。本文的研究价值在于:第一,对邻避运动的关注,能够拓展澳门既有的抗议研究;第二,对邻避运动的治理,能够为参与式治理的社区实践提供契机。     

General Strain Theory and Racial Insurgency: Assessing the Role of Legitimate Coping

While General Strain Theory (GST) recognizes the broad range of legitimate and illegitimate coping behaviors people adopt in reaction to strain, tests of the theory focus almost exclusively on criminal coping. We advance the theory by articulating the role of legitimate coping in the GST process. We test the theory’s assumptions that strain increases both legitimate and illegitimate coping and that negative emotions more strongly increase illegitimate coping. We also draw on recent work by Agnew and expect that these coping strategies co-occur rather than being mutually exclusive. We investigate these hypotheses in relation to black insurgency, specifically nonviolent civil-rights protest (legitimate coping) and rioting (illegitimate coping). Using data from a large 1968 survey of blacks, multivariate findings are consistent with the theory’s expectations regarding the role of legitimate coping. More broadly, our results echo calls to extend the boundaries of the discipline beyond traditional conceptualizations of “crime.”     

论刑事审判监督程序的提起方式

我国刑事诉讼提起审判监督程序的方式包括决定再审、提审、指令再审以及抗诉四种方式。文章对四种方式的含义、特征、要求进行了论述 ,并着重围绕着提审、指令再审和抗诉中有争论的几个问题 ,如在什么情况下提审或指令再审、谁有权决定提审或指令再审、指令再审的下级法院如何界定 ?以及对检察院按审判监督程序提起的抗诉 ,法院是否必须受理和审理、可否指令下级法院再审 ?等等 ,进行了深入地分析探讨 ,并提出了自己的观点。     

民事抗诉制度的实用主义分析

从实用主义视角出发,不仅我国现实的司法环境需要民事抗诉制度的存在,而且民事抗诉制度应该处于误判救济体制的重要地位,对于民事抗诉权应定位为改判建议权。民事抗诉制度取得了成绩,但也存在问题,民事抗诉制度应加以完善。     

民事诉讼检察监督的职权配置和程序设计

我国民事诉讼检察监督的职权配置应当贯彻基础正当、有利于维护民事诉讼秩序、现实必要和可行、维护公正和公益的原则.职权配置的内容应当全面和开放.包括对起诉的监督和对裁判行为、执行行为的监督,但行使职权时应当有所限制和谦抑;监督的重心环节应当适当前移.行使职权的方式包括提起诉讼、参与诉讼、抗诉等,相伴随的程序应当明确、具体、刚性、效率.同时,检察机关应当具备保障性职权.职权行使的体制也应当进一步改革.     

A Bloodless Guerrilla Warfare: Why U.S. White Leftists Renounced Violence Against People During the 1970s

Between 1968 and the late 1970s, a significant number of U.S. white leftist groups escalated their protest to armed struggle. After experimenting briefly with violence, they opted for low-intensity armed propaganda that targeted property and avoided hurting people. By contrast, European leftist groups and anti-colonial organizations in the U.S. made extensive use of antipersonnel violence. Why did U.S. leftists eschew attacks against civilians? Scholarship does not explain this case, as it focuses either on the internal dynamics of a single group or on structural variables. Conversely, this article addresses this question through a historical reconstruction and a multilevel analysis. The research identifies the critique and ensuing de-solidarization by the radical milieu as the main factor accounting for the restraint of violence. This article demonstrates that the radical milieu censored and isolated armed groups as soon as they escalated and began to endanger human lives. Therefore, in order to safeguard the solidarity pact with their constituencies, violent fringes moderated their repertoires of action. This article employs primary sources and original interviews with militants to support this claim and to assess the relevance of three concurrent factors: the trauma generated by the “townhouse incident,” the deterrence by law enforcement, and the militants’ socio-economic background.     

Chilean and Transnational Performances of Disobedience: LasTesis and the Phenomenon of Un violador en tu camino

This article analyses the performance Un violador en tu camino created by Chilean feminist theatre collective LasTesis, shared by millions and re-staged across the globe. It explores the relationship between the original piece and theorist Rita Segato's insights on rape culture, and how it counters aspects of this culture. It examines how the transnational spread of Un violador counters tendencies of MeToo, and examines four cases of the performance's re-staging in Latin America and beyond, showing how they make manifest the pervasiveness of rape culture as well as how groups have adapted them to speak to local issues.     

Institutional stepping stones for democracy: how and why multipartyism enhances democratic change

Scholars of electoral authoritarianism and comparative institutions have emphasized how authoritarian regimes implement multiparty elections to stabilize authoritarian rule and diffuse political opposition. Consequently, the literature has advised against the notion that multiparty elections constitute a general lever for democratization. This article presents evidence in support of a more positive understanding of multipartyism and democracy. We argue that multiparty elections create an institutional space for oppositional parties, instrumentally motivated to promote further positive democratic change. We hypothesize that multiparty regimes are (1) generally more likely to experience positive democratic change, and (2) more importantly, more likely to do so when faced by internal or external regime threats. We test these hypotheses using cross-section time-series data on 166 countries in the period 1973–2010. Our results show a general positive effect of multipartyism for democratic change, and that multiparty regimes are more likely to improve their levels of democracy when faced with demonstrations and economic crisis.