再论罪名变更的法理基础及其模式选择--刑事一体化角度的思考

在法院能否变更起诉指控的罪名以及如何变更起诉指控罪名的问题上,一些国家和地区存在着立法上的差别和理论上的分野.我国目前在程序设计上对法院的罪名变更权缺乏制约,理论界提出的种种改革方案也都值得商榷.我国罪名变更制度的建构,应当立足于我国特有的法文化传承和法治土壤,应当建立以四要件犯罪构成模式为基石并与诉因制度相整合的"诉因制度本土化"模式.     

The Ahmao (Miao) schism: the problem of spiritual agency in encounters between church and state in southwest China

The majority of Ahmao in southwest China have been Christian since a mass conversion movement took place in the 1900s. Throughout the century, Ahmao congregations have gone through several reforms and survived many political campaigns. After two decades of prosperity through China’s reform era, since the 2000s many Ahmao congregations in northern Yunnan have experienced schisms. This paper sets out to investigate a schism that took place in a medium-size Ahmao congregation between 2005 and 2015. Based upon several years of continuous fieldwork, I found that the alleged schism in this Ahmao congregation – rather than describing a long-standing fracture in the community – appears intermittently and should be considered as an effect of religious regulation that problematizes the agency of spiritual practice. Under the regime of religious regulation in contemporary China, Ahmao congregations have been delicately negotiating between different modes of agency as changes in Christian practice become necessary or inevitable.     

唐代剑南西川分立原因探析

本文从安史之乱以后,玄宗、肃宗父子间争权夺位这一角度论述了西川从原剑南节度分立之原因.玄宗肃宗父子斗争的结果,是肃宗取得主动权,从而直接促成了剑南分立为东西二川.