俄罗斯联邦行政程序制度述评

行政程序制度是俄罗斯联邦行政法学体系中正在形成和完善的一部分内容 ,相对于前苏联的行政程序制度已经有了较大的发展。俄罗斯行政法学者从研究行政程序的基本概念入手 ,从理论上和词语规范上理清了行政程序、行政司法程序、行政诉讼程序等基本问题 ;以 2 0 0 1年制定的《俄罗斯联邦行政违法法典》为范例 ,行政程序的原则经历了由维护国家管理向规范行政权、保障公民权的回归 ;与俄罗斯联邦建设法治国家的目标相统一 ,必将尽快结束行政诉讼与民事诉讼程序合而为一的状况 ,制定独立的行政诉讼法典 ;建立具有特色的行政法院体系或在普通法院体系中建立相对独立的行政法庭 ,是未来俄罗斯联邦行政程序制度的发展趋势。     

All-Encompassing Paranoia

The Russian state has over the last five years gradually increased its ability to control the Internet. Russian Internet companies recognize that in order to continue to work in Russia they have to be willing to help state security and to exert pressure on foreign IT companies. The ability of the Russian government to secure the Internet is limited by the openness of Russian society and of the Russian Internet itself. While the government has so far not succeeded in countering this openness, it is likely to continue to try, as the priority is now on securing the regime against external and internal threats rather than ensuring the personal security of Russians.     

Welfare State Developments in the Russian Federation: Oil-led Social Policy and 'The Russian Miracle'

This article investigates the main welfare state developments of the Russian Federation that have occurred since the fall of communism. It argues that the contemporary welfare expansion strictly depends on high oil and gas prices, and that this oil-led social policy makes the future of the 'Russian miracle' highly volatile. The main conclusion is that the Russian welfare state will be able to function properly and to ensure social integration and solidarity only under conditions of sustained oil-led growth. The article also identifies a variety of different, but equally important, endogenous, as well as exogenous, factors that have influenced the social policy developments in the Russian Federation since 1989. These correspond to the existence of few veto points present in the political arena, the lack of a well-structured system of interest representation, the presence of informality in the welfare state organization, but also to the presence of national economic vulnerabilities and/or strengths in the now open global economy, as well as to non-contingent decisions taken in strategic sectors of the state, such as those related to the energy or defence sectors.     

Financing Russian Science

The financing of Russian science is a problem that has been written about quite frequently and voluminously and already long ago become a triviality in the sequence of countless difficulties of the transitional period. Most arguments and appeals boil down to the premise that the state must improve its financing of science, that the scientific-technical potential is being catastrophically reduced, and that the country may simply fall into a state of technological dependence on the leading industrial powers. In approximately 1992, the authors of such forecasts began to warn that, if prompt measures were not taken, Russian science would completely perish in six months, or a year at most. The paradox is that science (abridged, condensed, and constrained) is still alive. Some of its directions are even developing. Proof of this is demonstrated by the attempt of the foreign community to collaborate with Russian scholars, as well as the high marks scored by much Russian research.     

我国公诉案件庭前审查制度的重构

《刑事诉讼法》第150条的规定,未达到立法的初始目的,使实现程序性审查,排除法官预断的立法意图完全失败,相反造成法官庭前扭曲性的预断。复印件移送制度使法官依然实行全面实体审查,庭审走过场,流于形式的积弊依然毫未触动。并未强化辩护职能,反而限制了被告方辩护权的有效行使。复印件移送制度提高了诉讼成本,违背诉讼效益原则。根据世界刑事案件庭前审查制度改革的方向和我国国情,应在未来建立"起诉书一本主义"的审查制度。     

Responsive Government: The Diversity and Institutional Performance of Online Political Deliberation Systems

Along with innovation in ICT technology and the spread of the internet, the online network, through its “technological empowerment” of citizens and governments, has driven a series of institutional changes designed to promote government responsiveness. The global spread of online political deliberation is indeed an achievement of the internet-driven construction of responsive government. In recent years, the Chinese government has vigorously promoted online political deliberation, established virtual platforms to build bridges between netizens and public power, brought internet activism into institutional channels, and implemented political absorption and online consultation. Under the influence of policy initiatives and local innovations, China has created diversified response systems that strengthen the institutionalization of online political deliberation and thereby enable this system to play an active role in improving government capacity and regulating the relationship between the state and society. At present, China has seven types of online response: the Communist Party Committee-led mode, the mixed mode, the government-led mode and the modes led by the departments in charge of absorption, business, supervision departments, and petitioning. Empirical studies show that the diversity and degree of institutionalization of online political deliberation significantly affect institutional performance and that political authority and professionalism are important features that enable the different response systems to influence institutional performance. In short, the endogenous elements of the response system—level of institutionalization and institutional diversity—are key factors in institutional performance.     

Public Works Programs

The acceleration of structural reform in the Russian economy dictated by the logic of the transitional period inevitably gives impetus to layoffs and mass unemployment. The reform of the economic mechanism is taking place in a period of gravest crisis, which has gripped literally all aspects of social life. Under these conditions, the experience of countries with a developed market economy in reducing the severity of the employment problem is extremely important to us. In the last six decades, state employment policy in these countries has been transformed into an extensive and relatively balanced system of measures which make it possible to correct processes in the labor market. Public works programs have become one of the important directions of this policy.     

Tentative evaluation of the impact of public transfers on the dynamics of poverty: The case of Russia

The aim of this article is to offer a dynamic impact analysis of the system of transfers in Russia, based on a comparison of indicators of well‐being measured before and after state intervention. We shall begin by assessing the impact of public transfers on different forms of poverty and demonstrate that, while the system is seeing a fall in chronic and transitional poverty, there is very little movement between categories. We shall then evaluate the capacity of the system to keep non‐poor households from falling into poverty (protection) and to help poor households escape poverty (promotion). Several studies suggest that the Russian system of transfers is well suited to protection but has proved incapable of attaining the goal of promotion. In other words, in its current form it cannot claim to be an effective tool to combat long‐term poverty.     

Chechnya

The roots of the conflict between Moscow and Grozny lie in the history of Chechnya's relations with the Russian state. When Russia conquered Chechnya in the second half of the last century, the Chechens were, in terms of civilizational development, in a pretraditional stage characterized by the absence in practice of a stable state form capable of subordinating clan and tribal relationships to itself. The expansion of the Russian Empire was directed at regulating local conflicts among various clan and tribal groups and individual princes; however, this "civilizing mission" contained an incipient conflict between the center of the empire and these peoples. The Russian Empire's policy of annexation, implemented in a highly traditional country, predetermined the rise of conflict, manifested in the Caucasian war between Chechnya and Russia in the nineteenth century and the state of oppression that followed, in which Chechnya has now lived for more than a century and a half. Along with conflictual relations, a certain collaboration also developed and groups neutral to the conflict began to appear. This, in turn, stirred up conflict among the Chechens themselves.     

Religion in the System of State Power

The author analyzes the tripartite relationship among the state, the Russian Orthodox Church (ROC) and other "traditional" religions, and "nontraditional" faiths, contrasting actual practice with the constitutional and legal norms of the Russian Federation as a formally secular state.     

俄罗斯20世纪90年代法学思潮述评

俄罗斯 90年代的法学思潮 ,集中表现在对法的理解上 ,伴随着前苏联改革及其解体后俄罗斯的社会转型展开和演进。总体上说 ,俄罗斯法学界在对待法的问题上 ,主要有三种思潮 :自然法 (道德 )的、社会学的和规范主义的。前期注重法的内容 ,忽视法的形式 ,夸大国家权力的消极方面 ,强调法与法律的区别 ;通过法与国家关系的探讨和实践总结 ,后期兼顾法的内容与形式 ,正视国家作用的观点成为主流。文章拟从 90年代前期和后期俄罗斯法学研究的不同侧重来揭示这一时期的法学思潮。     

俄罗斯生态鉴定制度初探--兼议完善我国环境影响评价制度

俄罗斯生态鉴定制度是俄罗斯环境管理的一项最重要措施.文章对俄罗斯生态鉴定的内涵、类型、原则等进行了简要介绍,指出"环境保护优先性原则"是俄罗斯环境影响评价制度的基本原则.借鉴俄罗斯环境影响评价制度,从扩大我国环境影响评价的适用范围,更多地赋予公众参加评议环境影响评价的权利,完善立法,加强执法与监督力度等几方面来完善我国的环境影响评价制度.     

The Life Trajectories of Young People at Different Stages of Education

Statistics on crime and violence in Russia show that there is a crisis in the moral order and a significant deficit in self-control in Russian culture and society, which has been termed a state of moral degradation. This situation needs to be urgently changed through legal and other forms of social control, aimed in particular at young Russians.     

简论东正教文化对俄语语言的影响

东正教统治俄罗斯千余年,对俄语语言的影响广泛而深远。从成语看,大量来自东正教的成语已成为俄语标准语,无旧词的痕迹,宗教色彩淡化或消失,已获得新义或转义。从谚语看,含有上帝等词的谚语众多,已成为农谚、民谚的来源,语义发生极大变化。从词汇看,加快了俄语对外来词的吸收进程,丰富了俄语词汇的语义系统,赋予俄语全民用词以新的内涵。通过分析东正教文化对俄语成语、谚语、词汇三个方面的影响,可以帮助我们深入了解俄罗斯国情与文化,为跨文化交际服务。     

The Life Values of the Russian Population

Based on the results of an international comparison, today's average Russian is characterized by a higher degree of caution (or even fear) and a more pronounced need to be protected by a strong state; and is an individual who has less need for novelty, creativity, freedom, and independence and is less inclined to take risks. At the same time, Russians exhibit a strong sense of self-interest, personal success, and power rather than concern for others, which may be the result of a rapid abandonment of Soviet welfarism. In general, though, data do not show Russians to be uniquely submissive to authority. Magun and Rudnev conclude that the current balance between the values of competitive individualism and solidarity in Russian society is not optimal.     

College Students' Attitudes Toward Religion

Data on Russian students show that there is a large gap between declaring oneself a believer or identifying oneself with a religion and actually participating in it. Students are in favor of keeping religion and politics separate, and so in general show very weak support for recent statements about making Russian Orthodoxy the new state religion.     

现代东北文学中的俄罗斯人形象

现代东北文学中出现了众多的俄罗斯人形象,东北作家们对俄罗斯人形象的描摹,一方面显示了近代以来由于种种历史政治等方面的原因俄罗斯文化对现代东北文学的深刻影响,为现代东北文学增添了几许异国风味,另一方面也折射出生活在东北这块黑土地上的人们所演绎的独特的社会人生景观.现代东北文学中的俄罗斯人形象反映了近代以来东北地区战乱频仍的历史现实和多元文化杂糅、儒家文化传统薄弱的文化状态.     

The “Question of the Ethnic Russians” in the Context of Ethnic Relations in the Russian Federation

The author examines the current and likely future position of the Russian ethnic group within Russia's systems of interethnic and ethnofederal relations. He also examines the meaning of the term nationalism as used in Russian politics and warns about the danger of growing imbalances in state regulation of federal and ethnic relations. He proposes a new federalism that would eliminate asymmetries in relations between ethnic Russians and other ethnic groups inhabiting the Russian Federation.     

网络空间性别不平等的再生产:互联网工资溢价效应的性别差异——以第三期妇女地位调查为例

本文通过倾向值匹配的方法发现：在控制了其他因素之后,互联网使用者的平均工资收入是非使用者的1.38倍;同时,互联网溢价效应存在着显著的性别差异,女性的互联网工资溢价为男性互联网工资溢价的90.6%。此外,本文发现,互联网工资溢价效应与人们的网络行为密切相关。男性相比女性,具有更强烈的使用互联网资源进行再学习和人力资本再积累的偏好;在女性互联网使用者之间,性别观念更平等的女性具有更强烈的使用互联网资源进行再学习和人力资本再积累的偏好。在传统的网络空间性别不平等的研究框架下,本文着重于探析性别文化观念如何影响人们对互联网的使用偏好和使用方式,从而成为导致网络空间性别不平等的再生产的重要原因和机制。     

Traces of Defeat

The state monopoly over television, turning it into a vehicle of total propaganda, has over the course of time changed the structure of public and information space in Russia. Although television undoubtedly continues to occupy the dominant place in the structure of information sources, trust in the quality of broadcasts has declined sharply in recent years. As a result of the regime's efforts, the public sphere has been thoroughly sterilized. Opportunities for the representation of group interests and exchange of information have grown increasingly limited. The Russian public is once again subject to an institutional fear that goes back to Soviet times, a condition that is likely to have severe and prolonged consequences.