2019年中国刑法实施报告

2019年是新中国成立70周年的伟大日子。70年来,在中国的刑事法治建设取得长足发展的同时,中国刑法学在始终恪守重视基础理论的总结、创新与完善的基础上,亦更加主动地回应社会现实关切的热点、疑点、难点问题,彰显出鲜明的时代特色,凸显出刑法积极参与社会治理的重要功能,弘扬了新时代我国刑法学鲜明的问题意识与自主意识。相较以往,2019年度刑事犯罪在涉众型、风险型、科技型等领域较为突出,呈现出涉案金额巨大、危害面广、手法多样且不断翻新等特点。2019年度刑法实施报告主要将以下七个板块作为研究重点:新中国成立七十年刑事法治和刑法理论的变迁与反思、正当防卫制度的适用与完善、"扫黑除恶"专项斗争、人工智能时代刑法挑战的前瞻应对、互联网金融领域腐败犯罪治理防范问题、认罪认罚从宽制度实体适用问题及民刑交叉、行刑衔接等问题。     

‘I Want to Wear It’: Fashioning Black Feminism in Mahogany (1975)

ABSTRACT

In this article I focus on the portrayal of fashionable clothing in the 1975 film Mahogany and connect it to the history of African American women engaging with sartorial self-representation as a means to assert their visibility in American culture. My aim is to analyse Mahogany’s emphasis on brightly-coloured highly-ornamented clothing, which has a long history of signifying bad taste and became part of accusations of racial and sexual inferiority. I want to show how Mahogany’s representation of fashion undermines the historically entrenched bias against colourful, highly adorned clothing while also revealing how this bias has played a subtle but significant role in the racism and sexism black women have encountered, further (but not finally) impeding them from the forms of recognition the category of femininity offers. Mahogany represents those impediments and repeats the sexual and racial commodification underlying them, but also resists them (albeit quite subtly) through the film’s loving display of fashion and its attention to the work of designing and making clothes. Mahogany tells a story of bright sartorial resistance that can be understood as an articulation of black feminist desires for women of colour to be able to compose the images through which their bodies are perceived.     

This is your afterlife: gender,slavery, and televisual subjection

In 1957 Arries Ann Ward, who was formerly enslaved, appeared on the classic television interview-entertainment program, This Is Your Life. Despite Ward’s practices of refusal, the rare interview enacts an idealization of black female servitude and indebted obligation through performances of affection and racial benevolence. Ward’s appearance effectively works to resolve national crisis produced by widespread images of civil-rights protest and counterinsurgent violence, reifying discourses of American exceptionalism in Cold War context.     

“It's Like Fighting for Survival”: How Rejected Black African Asylum Seekers Experience Living Conditions in an Eastern German State

This article explores how Black African asylum seekers in an eastern German state experienced living conditions and the forms of agency they exhibited to redress the stressful circumstances of everyday life. The article draws on 12 in-depth interviews with rejected Black African asylum seekers and ethnographic research. Participants experienced various socio-environmental stressors and the absence of resources that affected their well-being and were injurious to their human rights. Their responses were embedded in different practices tied to the accumulation of capital that buffered stress and contested repressive asylum laws. The implications of the study for policy and advocacy are discussed.     

Integration or Black Power?

Integration politics experienced a postcolonial crisis in the late 1960s. This was a crisis driven by the simultaneous and inter‐related eruption of Powellism and Black Power. This article uses the crisis of integration politics to show the Powellite conjuncture from its other side, as it played out in the reconstitution of black British politics. It shows how black activists responded to the rise of Powellism by demanding that the politics of integration be either abandoned or reframed, to more fully shake out the colonial inheritances that lurked within it. The integration proposed by the postwar project of race relations was problematic from its inception; Black Power used Powell's intervention to expose these problems and demand change.     

What is Black British Feminism?

Young looks at the place of black feminists in today's academy in Britain, and poses some questions for contemporary self-identified black and white feminists based in that country. There is a new confidence among some black, professional Britons but infiltration into the academy remains problematic for many. Black British feminists and writers are largely absent in so-called postcolonial literary canons developed in the Anglo-American institutions, and by and large black British feminists are only offered fragile support by white feminists. Although African-American feminism offers intellectual sustenance and networks, the situation in the United States is very different, particularly as, there, black feminism has had much more impact and recognition. Discussions of the intersections of race, class and gender are rare in Britain outside black feminism, and there has been much less attention than in the States to black women's writing. Perhaps some kind of 'provisional essentialism' is still needed, for it is difficult for black feminist academics ever to feel the question of race is optional. It can be argued that 'blackness' is used to describe women of very different origins, and can obscure differential histories, but 'blackness' is always a political concept, not a register of national belonging. Black women have transformed British culture, but white feminists have largely failed to understand their problems. Attention to the social history of black women in Britain, and particularly to the creative work of black women writers, filmmakers and other cultural workers, is the place at which a new analysis should begin.     

Beyond the Millennium: Black Women's Writing

Nasta's piece forms part of an oral contribution to the plenary session of the conference in which a variety of speakers discussed the many questions that the conference had raised. It focuses specifically on the location and history of black women's writing in Britain and attempts to address issues that have dominated critical and theoretical discussion for some years. The question as to how far we have moved on in our reading and assessment of these literatures is discussed; also the fact that perhaps debates we now see as being contemporary were also current in the experiences of earlier representations of Britain from a black or Asian perspective. Nasta makes some tentative suggestions in terms of how we might move forward.     

解读西南少数民族崇尚的色彩语言—"黑"

色彩语言是指人类社会中作为信息传递手段的色彩和意义结合的符号系统。西南不少民族崇尚黑色,以黑为美,以黑为贵,就在于色彩语言中的"黑"能传递出他们所企盼的信息。影响民族尚黑习俗形成的因素是复杂多样的,主要有三大因素:一是西南地区特有的自然环境和生产方式;二是原始宗教;三是历史上的文化接触与融合。但民族尚黑习俗的形成并不要求这三大因素必须同时起作用。     

Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.     

Observer determination of the make,model, and year of questioned vehicles

Often, criminal acts involving a vehicle are caught on digital video surveillance systems. While potentially useful for an investigation, the recording conditions are typically less than optimal for the extraction of key information for the identification of the perpetrator, such as a license plate. Providing the make, model and year of a questioned vehicle is a common request for examiners, to narrow the field of potential suspect vehicles. This study seeks to compare the performance of a nonpeer-reviewed make, model, and year determination between two separate groups, specifically, trained forensic image examiners and nontrained individuals. Results show that even with varied image capture conditions and quality, the trained forensic image examiners more correctly and completely identified the test group of questioned vehicles make, model, and year.