民事责任的两种规范模式

民事权利义务规范的设定有行为本位和资源本位两种模式,民事责任规范作为民事规范的一种也不例外。传统的学说将民事责任界定为义务的违反显然是行为本位视角的产物,实际上民事责任的产生与当事人的义务违反没有必然联系。民事责任是为保护民事权利或者法益,基于特定的法律事实而对一定的民事主体产生的不利后果。根据民事规范的设定模式,可以把民事责任规范设定模式分为“义务(行为)——责任”模式和“权利(资源)——责任”模式两种,其中前者是行为本位视角的产物,后者是资源本位视角的产物。     

DNA commission of the International Society of Forensic Genetics: Recommendations on the interpretation of mixtures

The DNA commission of the International Society of Forensic Genetics (ISFG) was convened at the 21st congress of the International Society for Forensic Genetics held between 13 and 17 September in the Azores, Portugal. The purpose of the group was to agree on guidelines to encourage best practice that can be universally applied to assist with mixture interpretation. In addition the commission was tasked to provide guidance on low copy number (LCN) reporting. Our discussions have highlighted a significant need for continuing education and research into this area. We have attempted to present a consensus from experts but to be practical we do not claim to have conveyed a clear vision in every respect in this difficult subject. For this reason, we propose to allow a period of time for feedback and reflection by the scientific community. Then the DNA commission will meet again to consider further recommendations.     

证据排除规则的重构——以诉讼效率为视角

诉讼效率指诉讼收益与诉讼成本之间的差额。诉讼收益主要体现为发现真实,而诉讼成本主要体现为证据的收集与认定成本。证据排除规则既可以保障发现案件真实,亦可以保护其他合法利益,但我国目前的证据法没有能够从提供诉讼效率的角度去设计证据排除规则,我国诉讼法中不同的诉讼采用相同的证明标准是这一现象出现的重要原因。     

The Significant Development of the Exclusionary Rule of Illegal Evidence in China: from the Perspective of the Promulgation of “The Rule of Strict Exclusion of Illegal Evidence”

The function and value of exclusionary rule of illegal evidence lie not only in the prevention of mistrial, but also in the manifestation of procedural justice, the regulation of judicial conduct and the emphasis on the protection of human rights. The promulgation of “the rule of strict exclusion of illegal evidence” has made a positive response to the practical problems during the implementation of exclusionary rule of illegal evidence. Many provisions in this rule are much more strict than before, such as further defining the scope of illegal oral evidence, clarifying the method of excluding the repeated confessions, emphasizing the timeliness of exclusion of illegal evidence and the synchronization of supervision of investigation, attaching the importance of collection and application of process evidence, and exerting the review of the legitimacy of evidence in pre-trial conference. After the promulgation of “the rule of strict exclusion of illegal evidence”, we should continue to focus on the implementation of exclusionary rule of illegal evidence, ensuring its function of post-punishment and illegal prevention.     

Bolivia's soy complex: the development of ‘productive exclusion’

A significant transition is underway in Bolivia where both domestic and foreign capital are monopolizing commercial agriculture and leading a highly mechanized, capital-intensive production model which has considerably diminished the need for labour. This paper explores mechanisms and processes of ‘productive exclusion’ in the soy-producing zones of Santa Cruz in relation to the expansion, concentration and mechanization of the ‘soy complex’. We provide an analysis of how the agrarian structure has developed since soy was adopted – from ‘putting land into production’ to ‘expanding the agricultural frontier’ and ‘controlling the agro-industrial chain’. We explore how and the extent to which the penetration of new capital is leading to new processes of agrarian change which exclude the rural majority from accessing the means of production. While a process of ‘foreignization’ of land began to take shape in the early 1990s, new processes of capital accumulation are eroding the ability of small farmers to engage in productive activity, potentially leading to ‘surplus’ populations no longer needed for capital accumulation.     

实践中的证据法——中国证据法实施情况调查研究

证据制度是本次中国司法文明指数体系的一个重要一级指标,我们选取了四项二级指标进行了评估,通过问卷调查和数据分析,并结合中国证据法治指数问卷调查的数据,可以得出以下结论:当事人证据权利缺乏有效保障,侦查人员的证据意识有所增强,非法证据排除规则有待落实,以及司法证明过程缺乏合理规范。     

From the Cycle of Deprivation to Social Exclusion: Five Continues

One important aspect of Tony Blair's speech on social exclusion, given to the Joseph Rowntree Foundation in York on 5 September 2006, has been ignored-that its content was prefigured by Sir Keith Joseph, in his famous 'cycle of deprivation' speech, on 29 June 1972. This article seeks to explore these continuities over the past thirty-four years, tracing similarities and differences between the two speeches. Moreover, it also reflects on the earlier Joseph speech and subsequent Research Programme, to see where government policies on social exclusion might lead. The article argues that while earlier writers have acknowledged the intellectual debt that New Labour owes to Joseph, and noted similarities between current policy approaches to child poverty and earlier debates about transmitted deprivation, recent moves on social exclusion mean that these continuities are now more striking than ever before.     

Sport,Gender and Ethnicity: Practises of Symbolic Inclusion/Exclusion

In this paper symbolic inclusion/exclusion processes in sport with respect to gender and ethnicity among adolescents (n = 1025) are analyzed from a social-critical perspective. It was found that sport participation preferences of young people are still influenced by dominant normative gendered and racial/ethnic images. Sport can serve not only as an agent of integration among youth, but is also used to differentiate and discriminate. On one hand sport participation is less predictable with respect to gender, due for example to interactions with ethnicity. Although ethnic minority girls participate the least in sport, ‘black,’ traditional ‘masculine‘ sports such as soccer and fighting/self-defense are valued relative highly. On the other hand, the data show that especially the male adolescents symbolically exclude girls from ‘masculine’ sports such as soccer; in addition for both ethnic minority and majority boys the fear of being labelled as a ‘sissy’ works as a strong mechanism of self-exclusion from participation in traditional ‘feminine’ sports. However, stereotypical normative images are not only confirmed through sport (participation), but also continually challenged.Researcher/lecturer, Tilburg University. Research interest in inclusionary and exclusionary mechanisms in sport, especially with respect to gender, ethnicity and sexuality.Senior researcher, Utrecht University. Major research interest in gender, ethnicity and leadership positions in sport.     

Scenes from a mall: Retail training and the social exclusion of low-skilled workers

In this article we examine how post-industrial Britain and Denmark undertake vocational training for low-skilled retail workers. Specifically, we evaluate whether leaders in training skilled industrial workers are also doing the best job with low-skilled service workers. While Danish retail is increasingly becoming a haven for low-skilled workers, British workers are gaining in skills levels with the transition to services even in the retail sector. While some suggest that social democratic countries have sacrificed the political interests of low-skilled workers in order to protect core manufacturing workers, we find no evidence of this. Rather, the high expectations of vocational training in Denmark have forged barriers to the easy admission of low-skilled service workers, while the British system provides more entry points for vocational training at different levels. The structures of coordination that had narrowed the gap between white-collar and blue-collar manufacturing workers during the industrial age are creating new cleavages in the post-industrial economy.     

论行政执法中非法证据排除规则的构建

由于行政执法程序是行政诉讼的先前程序之一,其证据的取得是否合法不仅影响到行政相对人的合法权益和行政执法案件的质量,同时也关系到社会秩序是否能够有效地维护。完全照搬诉讼法上的非法证据排除规则可能不完全适合我国行政执法的现状,所以,针对行政执法的现状,研究、确立一种行政执法中的非法证据排除规则对于规范行政证据的收集将具有很大的促进作用。