从融合到分立:儿童网络色情信息犯罪的刑事规制

儿童网络色情信息犯罪侵害的法益是"直接层法益"与"间接层法益"双重法益。"直接层法益"为儿童的身心健康权利与以"免受性剥削和性虐待"为核心的被动性的性权利,"直接层法益"为个人法益;"间接层法益"为性道德等社会法益。而成年人网络色情信息犯罪侵害的主要是基于"性的隐秘性"善良性风尚和性道德的社会法益。法益具有立法检视功能和区分功能,客观上需要将儿童网络色情犯罪与成年人网络色情犯罪分离,进而设置独立的刑事规范,并对儿童网络色情信息范围、犯罪行为类型及网络服务提供商的责任重新进行建构。     

Risks and Precautions of Homestead System Reform——the Practice of “the Three Rights Division” in Yiwu

Based on the case study of Yiwu as one of the 33 pilot projects cities of “Three Pieces of Land” in China, this article summarizes the risks and precautions of the reform of homestead system from the perspective of “the Three Rights Division of Homestead”. It also explores into the origin of “the Three Rights Division of Homestead” with the reform documents analysis and the discussion of the existing problems of the homestead system. Then we conduct a case study of the homestead reform in Yiwu, and finally put forward the precautions against the risks of the “Three Rights Division of Homestead”. The research methods used in this study are text analysis and case study. The following precautions are provided in the end of the article: 1) set up the implementation organization of homestead ownership; 2) standardize the conditions for obtaining qualifications for homesteads, and establish the paying system for the use of homesteads and achieve the right of qualification fairness through prices; 3) realize the right of qualification and the right of use, and clarify the power of the rights.     

“To Make It Brilliantly Apparent to the People of Australia”: The Pilbara Cooperative Movement and the Campaign for Aboriginal Civil Rights in the 1950s

During the 1950s an Aboriginal mining cooperative in Western Australia's Pilbara attracted widespread interest as a model for addressing Aboriginal disadvantage throughout Australia. Individuals and organisations involved in the struggle for equal rights for Aboriginal people learned what they could of the ideology, operation and history of the cooperative, chiefly through the writing and speeches of its non-Aboriginal leader and spokesman, Don McLeod. They saw in the Pilbara cooperative a model of Aboriginal-directed change which contrasted markedly with the tutelary monocultural approach of individual “advancement” which characterised state and Commonwealth government assimilation policy at the time. The intense interest shown in the cooperative by the Victorian Council for Aboriginal Rights, in particular, provides evidence that throughout the 1950s campaigners sought alternative solutions to Aboriginal disadvantage to those proposed under assimilation policy.     

The State of the Art of Child Hearings in Germany. Results of a Nationwide Representative Study in German Courts

According to German family law, in family court proceedings that deal with custody or access rights, family judges are obligated to personally hear the child if the feelings, ties, or will of the child are significant for the decision. In a research study commissioned by the Federal Ministry of Justice, a nationwide representative survey of all judges compiled their personal information and their attitudes and expectations as well as various parameters regarding the concrete practice of hearing children. Also, with a very complex methodological design, over 50 children and their parents were studied one week in advance of the hearing, directly before and after the hearing, and four weeks following the hearing. The results of the study are presented, particularly those pertaining to the burden and relief for the children and the expectations of judges. The practical experiences of family judges in personally hearing children are included as well.     

刑事侦查中犯罪嫌疑人权利论纲

刑事侦查中,犯罪嫌疑人处于受追诉地位,其权利容易受到代表国家的侦查权的侵害,因而对其权利进行保护就非常重要。犯罪嫌疑人享有的权利包括实体性权利和程序性权利,这些权利不是固定不变的,而是具有开放性的。     

The More the Merrier? Hungarian and Romany Minorities in Slovakia

This article discusses some important aspects of thetreatment of minorities in the Republic of Slovakia.It discusses the 1992 Constitution and subsequentdevelopments such as the State language law 1995, therestriction of political rights of Hungarians,educational policies, the setback of EU entry talks,the September 1998 general elections, the Dzurindagovernment's ``De-Meciarization', the 1999 MinorityLanguage Law, and recent electoral legislation. Thespecial condition of the Romany is considered. Theeffectiveness of international mechanisms for theprotection of minority rights (the Organisation forSecurity and Cooperation in Europe, the InternationalCovenant for Civil and Political Rights, the EuropeanConvention of Human Rights, the Framework Conventionfor the Protection of National Minorities) isassessed, as is the involvement of the EU. Finally,the role of the judiciary is reflected upon.     

上市公司收购中股东权的保护

股东权的保护是公司制度存在的制度基础,作为公司法特别法或并行 法的证券法,也是股东权保护的重要法律渊源。必须坚持上市公司收购中股东权保 护的立法宗旨和基本原则,我国《证券法》中上市公司收购股东权保护问题上尚有诸 多不足,证券监督管理委员会应制定与“上市公司收购立法”相对应的条例,并不断予 以完善。     

论逮捕与人权保障

由逮捕的特殊性和人权的重要性决定,二者之间是一种辩证的关系：逮捕存在的根本目的是为保障人权,然而却是以限制或剥夺具体人的基本人权为条件的;从对被害人人权和社会制度角度讲,需要而且离不开逮捕,从被告人人权保障角度讲,要控制和慎用逮捕。二者统一于社会的共同道德和法律基础。尊重人权是人道的,正确地适用逮捕同样是人道的。尤其应当注意对被逮捕者权利的保障。     

Changing families and communities: an LGBT contribution to an alternative development path

Until now, most discussions on the place of lesbian/gay/bisexual/transgender (LGBT) people in global civil society have focused on their access to citizenship, rather than their socio-economic rights and role in development processes. This article argues that an alternative vision of development should challenge heteronormative family structures; build alternative, queer communities; wage activist, sexually emancipatory campaigns on concrete social issues (as the Treatment Action Campaign has done on HIV and AIDS in South Africa); and rethink existing models of democratic participation. The author emphasises the paradoxes of LGBT organisation in the context of neo-liberalism and globalisation, with an eye toward queering, or challenging heteronormativity in, global social-justice movements.     

Reflections on innovation,assessment, and social change: a SPARC case study

This article challenges the terms on which donor agencies evaluate development success, drawing on a particular case to make its point. It describes the resettlement of 60,000 people squatting along the railway tracks in Mumbai, a process planned and carried out by a federation of the railway dwellers themselves, with support from the NGO SPARC (the Society for the Promotion of Area Resource Centres). The article argues that this effort, which met donor criteria for a successful project, was the tip of an iceberg. Without an appreciation of the years of learning and innovation that preceded it, and the underpinning of principles and relationships built up over many years, this achievement cannot be adequately assessed or understood – and certainly not replicated. Yet in the world of formal assessment and evaluation, there tends to be a lack of interest in the deeper learning about social change that makes such success stories possible.