论不追究刑事责任

我国《刑法》和《刑事诉讼法》用三个不同的概念对不追究刑事责任作了规定。《刑事诉讼法》第16条所规定的不追究刑事责任可分为三种情形,但《刑法》第201条第4款中规定的不予追究刑事责任并未归属其中。现行刑事立法在不追究刑事责任的规定中概念不统一,《刑法》在规定不追究刑事责任方面不当缺位,已有的规定也较为粗糙,《刑事诉讼法》缺乏特赦令执行的程序规定,我们有必要完善不追究刑事责任的刑事立法规定。     

“一带一路”倡议与中国企业承担人权责任策略探析

在经济全球化浪潮面临挑战和"一带一路"倡议方兴未艾的复杂国际背景下,中国企业面临发展机遇与人权相关风险的双重挑战。国际工商业与人权议程尤其是联合国《工商企业与人权:实施联合国"保护、尊重和补救"框架指导原则》蕴含着丰富的企业人权责任。我国可从政府与企业两个层面采取应对措施。在政府层面,可以制定并执行相关法律与政策;制定工作指引,建立监管体系;制定工商业与人权行动计划。在企业层面,应当把尊重人权原则纳入公司治理;主动发布人权履责报告,加强对话与合作。     

Performing the ‘India Permitida’: The Counter-Gift of Indigenous Women Targeted by a Corporate Social Responsibility Programme (Chile)

Relying on ethnographic data, this article critically analyses the pro-mining position adopted in Chile's Atacama Region by a group of Diaguita women who benefited from a corporate social responsibility (CSR) programme to revive indigenous culture. While the desire to escape from poverty (salir adelante, moving forward) appears as the main reason for participating, the benefits generated a sense of indebtedness resulting in allegiance to the company. The investigation also shows how this programme played a part in building a scenario in which indigenous females perform subjects apparently more suited than men to the neoliberal and multiculturalist governmentality of the Chilean State, whose politics favours mining.     

A ‘synchronised attack’ on life: the Saudi-led coalition’s ‘hidden and holistic’ genocide in Yemen and the shared responsibility of the US and UK

Abstract

Since the Saudi-led coalition (Coalition) began its military campaign in Yemen in March 2015, upwards of 13,000 Yemen civilians have been killed, including nearly 2000 women and 3000 children. Additionally, Coalition aerial attacks have intentionally targeted Yemen’s civilian infrastructure, economic infrastructure, medical facilities and cultural heritage. Combined with the ongoing air and naval blockade, which has impeded the ability of Yemenis to access clean water, food, fuel and health services, the violence visited upon Yemen has created near-famine conditions. Furthermore, United Nations Children’s Fund (UNICEF) predicts another imminent outbreak of cholera, with the potential to be as deadly as last year’s which infected more than one million children and killed a child every 10?minutes. Through engagement with genocide studies literature, this article applies a holistic conception of genocide to the Coalition military campaign. It finds that the Coalition is conducting an ongoing campaign of genocide by a ‘synchronised attack’ on all aspects of life in Yemen, one that is only possible with the complicity of the United States and United Kingdom.     

Mixing business with politics: Does corporate social responsibility end where lobbying transparency begins?

Scholars increasingly have argued that the future effectiveness and legitimacy of firms' corporate social responsibility (CSR) activities are dependent on more transparent forms of lobbying to ensure firms' policy positions are aligned with their CSR commitments. Very little empirical work, however, has systematically analyzed firms' lobbying disclosures or examined how these firms coordinate their lobbying and CSR activities. We address these empirical questions by analyzing the CSR reports of 150 corporations from Germany, the UK and the US over an 18-year period and by conducting interviews with the CSR managers of these firms. We find that corporations have become more transparent about their public policy advocacy over time, thus acknowledging that lobbying is a CSR issue. For most firms, however, this commitment to transparency appears to be largely ceremonial. Few firms disclose the specific policy positions they advocate or sufficiently coordinate the work of their lobbying and CSR units to foster greater alignment of these activities. These modest changes in lobbying transparency appear to be driven by legitimacy concerns and, in a few instances, by governance gaps firms perceive to be relevant to their future business interests.     

Re-conceptualizing State Responsibility: Human Security Protection, Confl icts and Governance

Different from the perspective of traditional national security, human security is an essential component of non-traditional security. Human security is influenced by multi-dimensional factors. Human security will be threatened if one or more of these dimensional factors get twisted. Such threats, once accumulated to a certain level, may trigger a confl ict. While some factors may have a low correlation with confl ict, some other factors may have a multiplying effect in triggering the confl ict. Further, confl ict may be triggered by a single factor or multiple factors. Poor governance may lead to escalation of confl icts. Deep understanding of triggering effects and their correlation with confl icts is essential to addressing the root causes and the management of conflicts effectively. Concepts of human security, state responsibility of protection and neo-interventionism have been developed in succession. Though the people-centered security framework draws global attention, it should be recognized that there is no international consensus on an optimal type of governance. However, according to the Charter of the United Nations, the primary responsibilities of human security protection should be rested on the government of a state. The principle of sovereignty remains the fundamental principle of international relations, which should be the guiding principle for addressing human security issues.     

对下调法定最低刑责年龄的省思

此次刑法修正案(十一)对最低刑事责任年龄进行下调,可以在很大程度上避免一部分已满12周岁未满14周岁的未成年人倚仗法律保护肆意实施危害行为的"钻法律之空子"的情况发生,能够有效提升法律的威慑力,使公众免受"12岁恶魔"的伤害。在作为调整对象的低龄未成年人一侧,最低刑责年龄的下调意味着他们必须为自己的不法行为承担责任、付出代价。戴上这只法律"金箍"的未成年人将不得不在法律的框架内保持自身行为的检点合法。当然,虽然法律对最低刑事责任年龄进行了下调,但犯罪未成年人仍然需要在"教育为主、惩罚为辅"的矫治环境中得到救赎,既不能"一放了之",也不能"一关了之"[1]。在"疏"与"堵"并行的同时加强相关法律制度的衔接,使低龄未成年人可以在一个相对完善的制度设计中树立起对法律以及他人权益的敬畏之心。     

论确认和追究国家国际犯罪责任制度的可能性

由平等主体组成的国际社会和以国家间关系为主要调整对象的国际法并非不能产生确认国家的国际犯罪及其责任的制度,我们应该从国际法的角度理解国家的国际犯罪及其责任制度,在研究国家的国际犯罪责任时,注意区分国家的国际犯罪责任与国际侵权行为责任异同.     

绿色发展视角下的健康适度劳动问题

推行绿色发展战略是国际经济发展的新趋势,也是我国经济良性发展、实现十九大所提出的"两步走"战略目标的必然选择。发展绿色经济离不开其价值源泉——绿色劳动,绿色劳动的思想可以追溯至亚当·斯密、马克思和舒尔茨,ILO的体面劳动、企业社会责任、现代化、知识经济、现代社会保障都蕴含着绿色劳动的思想。目前我国在社会劳动领域存在很多问题,推动劳动的健康绿色化,需要政府积极地引导推动、企业树立新的用人理念、工会努力发挥有效维权的作用,并需要多方面借鉴国际有效经验。     

Choosing to be political: some reflections on youth activism in the US

This article explores youth activism in the US, not through the lens of collective action, but as the product of personal choices. By drawing on existentialism, and particularly on the work of Jean-Paul Sartre, this article proposes to shift the focus of the debate from youths’ collective action to the self – a conscious self that observes, perceives and makes sense of the surrounding world through personal experience. It is this conscious self that decides how, and whether, to intervene against the ‘wrong’ that the self experiences. In this perspective, it is not only the acts (of citizenship) that matter, but the conscious process through which the self chooses to become political. Such an understanding will ultimately help uncover not only how the undocumented act and how to conceptualise their acts but also how they perceive and experience their current status and who they want to become.