刑事审判监督程序存在问题的分析及改革策略

刑事审判监督程序是为了纠正错误的生效裁判而进行的特殊救济审判程序。我国法律对其规定虽有特色,但在许多方面尚不完善,其暴露出来的问题逐渐成为阻碍我国法制改革深化的因素之一。本文从提起再审的主体不当、再审的主体不当、再审的审理方式不当等几方面阐述在我国刑事审判监督程序中存在的主要问题,并针对这些问题提出当事人应该被列为可以提起再审程序之主体;再审应由原审法院的上级法院进行审理;法院应开庭审理,检察院派员监督等改革策略。     

19世纪越南政区的时空分布与变革特征

19世纪越南阮朝统治者的改革,导致其政区时空分布发生变动。政区数量在1840年达到巅峰,其中高层政区数目最为稳定,统县和县级政区数目前后起伏较大。数量变动影响了政区密度和管理幅度,缓解了高地和低地政区设置失衡的局面。嘉隆改革的特征是淡化了政区的军事色彩,明命改革的特征是对清朝省制引入与调适,此后的统治者没有实施大规模改革,只是进行了修补性调整。     

《大明集礼》的初修与刊布

《大明集礼》为明朝第一部礼制全书 ,由于内容未备 ,洪武初修而不刊。到嘉靖九年前后 ,明世宗为祭礼改制的需要 ,把《大明集礼》正式刊刻、传布 ,并对明代后期朝野产生影响。     

Regensburg,Wandalgarius and the novi denarii: Charlemagne's monetary reform revisited

Until now, Philip Grierson's tentative dating of Charlemagne's monetary reform to 793/4 has been generally accepted. His dating was based not only on numismatic evidence but also on his attempt to set this event in the context of Charlemagne's activities from 792 to 794. This traditional date of the reform does not, however, take into account evidence provided by Codex Sangallensis 731, in which the scribe Wandalgarius drew the image of a post‐reform coin around mid‐October 793. Based on this evidence as well as the historical contextualization of Charlemagne's stay in Regensburg in 791–3, this paper attributes the introduction of the novi denarii to the period between the autumn of 792 and the early autumn of 793, when his court was located in Regensburg.     

Implementing the Regulation on Places of Worship in Indonesia: New Problems,Local Politics and Court Action

This article examines the local implementation of the national Joint Regulation 2006 on places of worship in Indonesia. It focuses on the case study of the Protestant Christian Batak Congregation, which became one of the first churches to successfully challenge the authority of a local leader to cancel its permit to build a church. I begin by exploring the history of the regulation of permits for places of worship in Indonesia and the various proposals for law reform that have been put forward since 1998. I then outline the provisions of the new Joint Regulation and highlight the ongoing problems for religious minorities at the local level because of the failure of local authorities to implement the national regulation. I will demonstrate how religious minorities are challenging the decisions of local authorities by complaining to independent watchdogs, taking court action and using the political process. In conclusion, I argue that the Protestant Christian Batak Congregation court case is part of a broader trend for local authorities to use conflict over places of worship as an opportunity for political gain in the highly competitive political atmosphere since the downfall of Suharto in 1998.     

明清时期黔楚边境的府卫纠纷——以黎平府与五开卫为例

明永乐十一年(1413年),置贵州布政司,下设八府,而黔东原有卫所仍属湖广,由此造成两省边境府卫交错的局面。此后,因管理不便,历任督抚先后奏请改制,但因朝廷有意以"犬牙相制"的策略控制地方,故终有明一代而未改。清初,随着经营西南的深入,朝廷遂大行地方改制。本文以黎平府与五开卫为中心,叙述明清时期黔楚边境纠纷的基本过程,分析地方行政建置背后所蕴含的诸多复杂因素,以及此过程对日后贵州人文社会发展的深远影响。     

“停部选”与清末州县官选任制度改革

晚清以来,随着督抚权力的扩大,原有的部选与外补并存的州县官选官结构受到冲击。新政开始后,清廷不得不停止部选,将州县官的选任权交给督抚。但由于停部选涉及吏部与督抚的权力,带来二者的利益冲突,从而使这一改革表现出新制与旧制纠葛的面貌,没有从根本上解决仕途壅滞的问题。"停部选"实际只是一个从"部选与外补并存"向"全归外补"过渡的过程,并没有完成。     

新疆行省制下督、抚、将军的改制探索

清末新疆改设行省,施行"新制"。在这个过程中,如何策划新设行省的高层政区,妥善处理督、抚、将军的关系是清廷面临解决的两个重要问题。由于朝廷议定的行省建置实际上已经偏离左宗棠、刘锦棠最初的设计,以致贯穿清末新疆省政治生活内部最突出的问题——抚、军争权与督、抚、将军关系问题,本质上是由新疆行省制度设置的不完善及行政层级的缺陷造成的。当新疆的社会常情与朝廷的谕令章程发生矛盾时,其高层政区的运转弊症尤为引人瞩目,清廷也在不断地尝试内外均衡的调适机制。最终,新疆"新制"运行改革的过程,并入了晚清政府探索变革的轨道。     

Court-day crowds in colonial Virginia

ABSTRACT

For a generation, legal historians investigating colonial Virginia have emphasized the dramaturgy of court day. According to the dramaturgical school of interpretation, administrative and judicial activities of county court officials amounted to theatrical performances that simultaneously enforced economic order and stabilized traditional social relationships. Such interpretations assume a large audience routinely attended county courts to observe legal dramas. Often, however, only a small number of persons can be documented as present during court day. The independence theorem from probability theory suggests that the number of documentable attendees is a useful and easily calculated estimate for actual total crowd size. If so, some Virginia court sessions were attended by hundreds of people, while others drew only a few participants. A variety of factors apparently inhibited court attendance in older Virginia counties. By contrast, in newer frontier counties, mid-eighteenth-century revisions of court calendars produced heavy attendance at court day. Regardless of the number of people in attendance, any Virginia county court could still effectively enforce credit contracts.     

太平天国运动后江南驻防的恢复与重建

太平天国战争结束后,清廷和江宁将军都急欲恢复江南驻防旧制。但在筹建旗营兵房和筹补旗兵缺额时,地方督抚常以资金匮乏为由拖延执行清廷的谕令,敷衍江宁将军的重建要求,直到光绪二十四年八旗兵制改革,江宁驻防旧制也未能完全恢复。究其原因,既因为太平天国运动使得晚清的财政制度发生了巨大变革,以督抚为代表的地方政府有了很大的财政自主权,不愿意以地方所筹之饷长期供养驻防八旗,也因为驻防八旗所要恢复的以骑射为主的旧制与两江总督希望建立的以新式枪炮为主的军队新制相比落后时代太远。研究江南驻防的恢复与重建,有利于加深对晚清中央与地方、满与汉关系的理解。     

MINDING THE BUSINESS OF THE SUPREME COURT: SOME THOUGHTS ON THE EFFECTS OF THE JUDGES' BILL OF 1925*

Twice at least in the Court's first too centuries it has found itself inundated with litigation that has outstripped its abilities to process it. Congress has from time to time had to make adjustments in the Supreme Court's jurisdiction so that the court could cope with its caseload. These “reforms” are potentially quite, important., yet few scholars have studied the effects, intended and unintended, of them. This paper reviews and criticize the scholarship on the effects of one especially interesting reform, the Judges' Bill of 1925, Along the way I offer a number of suggestions ore offered on how social scientists might in the future go about studying the effects of judical-reform.     

State Ceremonial,Court Culture and Political Power in Early Modern Denmark, 1536-1746

In early modern Europe the court of a prince was many things: the household of a prince, a point of contact between the ruler and the elites, a cultural trendsetter, a focal point of patronage and an important institution of regional and international politics. In short, the court had many functions. In this article the focus is on the main lines of development in the court culture of early modern Denmark, from the Reformation (1536) until early Absolutism. Certain structural changes are highlighted and an attempt is made to explain them in political terms. As a prelude, I offer some theoretical reflections on the meaning of court culture in general and ceremonial culture in particular. Let me say from the outset that I have found my inspiration mainly in German and American historical scholarship, which for the past twenty years or so has witnessed a continuous and fruitful debate on the early modern court.     

明代宫廷画家职官状况述略

明代宫廷画家的官职、称谓不一,任职混杂,史料记载零散、简略,给宫廷画家身份的辨认造成一定的困难。从宫廷内部管理状况来看,画家的官职多样且分散,涉及多个职官体系,官职中有相当一部分为虚职,在具体管理方面权归内廷太监。本文力图从明代职官体系和内廷隶属等方面切入,区分辨别宫廷画家的官职与称谓,从而进一步认识明代宫廷画家的身份定位,了解明代宫廷绘画创作的运作状况。     

Court politics in a federal polity

This article uses a case study from Queensland to demonstrate the court politics approach's potential to reinvigorate executive studies. Court politics focuses on webs of interdependence within the core executive. It examines the beliefs and practices of elite actors and their fluid and contingent relationships. This article examines the patterns of executive politics that prevailed under Premier Anna Bligh. It seeks to answer three key questions. First, why is court politics a useful approach to studying the Australian core executive? Second, what is the nature and extent of court politics in Australian state governments? Finally, recognising that local traditions shape the beliefs and practices of political elites, how does the court politics approach need to be modified for application in Australia?     

试论清代皇帝明黄色朝袍的功用

在清代皇帝冠服中,明黄色朝袍的功用尤其引人关注。但是,长期以来人们对“朝祭所御”的概念往往含混不清,以至认为清帝明黄色朝袍既可亲郊飨庙又能御殿朝贺,模糊了朝服与祭服的区别。顺治十年(1653年)都察院左副都御史傅景星奏言:“自古帝王一代之兴,必有一代之制,黄帝尧舜垂衣裳而天下治。衮冕黼黻代有不同,朝有朝服,祭有祭服,所以肃臣民而格上下也……”。本文旨在讨论清帝明黄色朝袍的不同作用,从而区分出朝服与祭服的不同。     

The Preemptive Power of State Supreme Courts: Adoption of Abortion and Death Penalty Legislation

We offer a theory about public policy adoption that depicts a game between state supreme courts and state policymakers. We hypothesize that court ideological hostility or friendliness operates to discourage or encourage policy enactment, with the likelihood of subsequent court intervention magnifying the relationship. To test the argument we examine the influence of court ideology on the enactment of state abortion and death penalty laws since the 1970s. Empirical analyses provide strong support for our theory, indicating that court ideological hostility or friendliness significantly influenced state abortion and death penalty policy enactments. In addition, the likelihood of court intervention conditioned this relationship, with the most pronounced effect occurring where subsequent court review was mandatory. The findings reveal courts exert important preemptive influence on law without hearing a case. This facet of judicial influence expands the traditional view of actors involved in the policymaking process.     

The Lost Intermediaries: The Impact of 1870 on the European System

Abstract

Among the colourful characters that populate eighteenth-century military history, the French-born comte de Bonneval (1675–1747) has been kept alive in historical memory longer than most. His surprising conversion to Islam and contribution to Ottoman military reform long made him a popular subject for biography in his own right. Nowadays, he mainly features in biographies of Prince Eugene of Savoy. Both were commanders in the Habsburg army, and for nineteen years they were close companions in war and peace.¹ The circumstances that turned Bonneval's friendship with Eugene to enmity also led him in 1729 to offer his services to the Ottoman Empire. For most scholars, this is the moment when his actions became of lasting historical significance. The Ottomans, who suffered in the eighteenth century a series of military defeats, employed foreigners to help them reform their army. After converting to Islam and renaming himself Ahmed Pasha, Bonneval became the first of these when the grand vizier, Topal Osman, invited him in 1731 to reform the Ottoman artillery corps. He moved to Constantinople, added the sobriquet ‘Humbaracl’ (bombardier), and became a noted figure at the court of Sultan Mahmud I. Until Bonneval's death in 1747, Europeans having dealings with the Ottoman regime looked to him for assistance in navigating its internal politics.²     

‘No distinction exists as to religion,profession, or sex’: Imperial Reform and the Electoral Culture of the East India Company's Court of Proprietors, 1760–84

As contemporaries frequently pointed out, and often in disparaging terms, the governing institutions of the British East India Company contained an almost unprecedented ‘democratical’ element. By this, they were referring to the Company's General Court of Proprietors, its sovereign deliberative body, composed of all East India stockholders. Ownership of certain proportions of stock conferred the rights to participate in debate, to vote on policy, and to elect on an annual basis the directors who governed the day-to-day affairs of the Company. These electoral rights were granted solely by virtue of stock-ownership and made no distinctions based on sex, social status, nationality or religion. This article examines the ways in which women, non-Britons and religious minorities, in particular, took advantage of the opportunities for political participation opened up by the politicisation of the East India Company's general court in the 1760s, as well as the ways in which this was discussed and debated by contemporaries both in parliament and the press. Tracing the political activities of Mary Barwell, William Bolts and Joseph Salvador provides a unique window into a variety of ways in which the Company offered an alternative venue for political activity for groups often otherwise excluded from the formal politics at Westminster. In doing so, it also shows how the democratic elements of the Company's general court played a significant role in shaping the reform of the East India Company between 1767 and 1784, a process which ultimately led to their curtailment.     

清入关前的对日认识

清在入关前后,虽曾尝试以朝鲜为中介将日本纳入其宗藩体系,但遭后者拒绝后,并未重演元代武力征伐之故事。此后直至近代,清只同日本保持在长崎一地的民间贸易关系,后者则始终游离于前者建立的东亚宗藩体系之外。清在入关前主要借助朝鲜提供的各种日本情报而形成的对日认识,及在此认识基础上形成的以实用主义对待日本的态度,可以说是导致上述历史现象产生的重要原因。     

Community regulation and its effects: the aggressive actions of parishioners against priests and women in Paris, 1483–1505

At the start of the sixteenth century, the archidiaconal court of Paris lacked centralised means of enforcement and relied heavily on parishioners to supervise one another and their priests. This article analyses cases from court registers dating from 1483 to 1505 that detail instances in which parishioners reacted aggressively to illicit contact between priests and women. It argues that the court appropriated parishioners' intimidating and sometimes violent separations of priests and women as a means to enforce ecclesiastical statutes calling for strict domestic segregation between the two. While the court relied upon the aggression of parishioners, it also protected priests, more than women, against extreme actions such as assault. The decisions made by the court created a system in which violence against women could be an acceptable means for enforcing its statutes at parish level.