疫情防控中妨害公务罪的法教义学解析

为了个人自由而抗拒防疫管控,是对国家公务活动正常秩序的公然侵犯,具有法益侵害性。对于妨害公务罪之"暴力、威胁",应结合其侵害法益、实务经验予以合理界定。参与疫情管控的基层工作人员能否作为妨害公务罪之对象,需根据司法解释的规定,紧扣从事疫情防控职权之公务性质深入分析。以暴力、威胁方法抗拒不当防疫措施的,因防疫执法之合法性丧失,不构成妨害公务罪。行为人对防疫执法行为合法性的认识错误,属于对构成要件的事实认识错误,阻却犯罪故意的成立。     

Fact Checking and Information in the Age of Covid

The Covid-19 pandemic has revealed and accelerated an information crisis as well as a health one. What we discover about Covid 19, how it spreads, to whom and why and how best to mitigate it—all depend on information. The essays in this special section, which this article introduces, explore the importance of information and the fundamental role of fact checkers in understanding how information flows, why mistakes are made, and how to counteract them. Fact checking as an idea and a practice emerged in the early twenty-first century, developed as a positive beacon to counteract a growing sense that information could no longer be trusted. Now, more than a decade after its creation, fact checking sits within a far more complex and chaotic media context, and its expertise and understanding has never been so important. We need to understand what fact checkers do because they are grappling with how to tether us to reality.     

Where did the first divorced people live in Paris and its suburbs?

ABSTRACT

Following the law of 1884 that re-authorised divorce in France, divorce was more frequent in the large cities before spreading to other urban areas and then to rural ones. Divorce rates were especially high in the Seine département from 1884 to the eve of the First World War. In this region, divorced people lived more frequently in Paris than in the suburbs. More precisely, they resided more often on the Right Bank of the Seine in Paris proper (intra-muros) and, as an extension of this area, in the suburban cities to the west and, to the east, around the Bois de Vincennes. A comparison of the share of divorced men and women to the economic, demographic and cultural characteristics of the 20 Paris arrondissements and 74 suburban municipalities in the Seine département shows that a portion of the spatial distribution can be explained by the occupational structures of the area. Divorced people seldom lived in the most rural areas. This urban/rural divide can be explained by two main factors that can be complementary: the economic possibility to divorce – and here we will add the economic possibility for women to leave live alone after a divorce – and the social and cultural acceptance of divorce.     

How the Global Pandemic Intensifies Vulnerabilities for Colombia's Women Social Leaders

Women social leaders in Colombia say that the biggest danger posed by the global pandemic comes not from contracting the virus, but rather from non-state armed groups taking advantage of the quarantine to violently pursue social and territorial control. This article details three phenomena that highlight how existing vulnerabilities for women social leaders have been sharpened by the global pandemic: (a) women's community work increases while state and institutional support decrease; (b) armed groups' ability to target violence increases while women's ability to self-protect decreased; and (c) armed groups' ability to act with impunity is increasing as access to justice is limited.     

The Worst Is Not over Yet: The Lives and Deaths of the ‘Self’ and ‘Others’ in Brazil's Response to the COVID-19 Pandemic

This paper focuses on the politics of life and death in Bolsonaro's Brazil during the COVID-19 pandemic. It is argued that while this administration, and the president himself, have long supported violence against individuals and social groups they did not see as fully human, their response to the pandemic marked a public transition from valuing certain kinds of lives as opposed to others, to a general contempt for human lives. The paper explores this transition by discussing the reification of the economy to the detriment of the people who produce and consume.     

新冠肺炎疫情对宏观经济的影响分析及政策建议

该文通过对比分析发现,由于疫情影响地域范围、停复工时间和经济结构等因素存在差异,新冠肺炎疫情对经济的短期影响会大于2003年非典疫情;而且,由于部分民企和居民等微观主体的抗风险能力更弱,存在传导形成次生风险的可能。因此,必须坚持疫情防控和经济托底相结合,发挥逆周期政策作用,切实降低此次疫情的负面经济影响。     

Putting Large-Scale Infrastructure Projects First: The COVID-19 Pandemic in Indigenous Mexico

This article argues that whilst indigenous people are central to the Mexican president's official developmentalist discourse of bringing prosperity to the country's marginalised and poor, their needs during the COVID-19 pandemic have not been met and their interests have been sidelined. Whilst experiencing serious loss of trading revenue, negative impacts of misinformation, and lack of access to appropriate healthcare, indigenous Mexicans also faced the aggressive advance on their territories of large-scale infrastructure projects, which have become the backbone of the president's strategy for countering the economic recession caused by the pandemic. The discontinuation of relevant legal means to challenge the advance of the megaprojects during the pandemic effectively threatened indigenous people's democratic rights to protect their land, identities and way of life.     

确立并践行新理念是形式主义问题的治本之策——以新冠肺炎疫情防控为例

形式主义是个老大难问题,治理起来相当困难。在新冠肺炎疫情防控过程中,尤其是在初期和一些地方,形式主义问题不仅存在还比较严重。在防控疫情这一“准战时”状态下,形式主义问题危害性更大。形式主义问题的根源是官僚主义,而官僚主义的形成有体制和思想两个层面的原因。从这两个层面施治,都属于治本之策,其中思想或理念层面的引领尤为重要。党的十八大以来,习近平总书记倡导并形成了三大新理念,即问题导向、结果导向和民意导向。与新理念相对立的旧理念正是形式主义问题的思想根源。新理念不只是理念,还是一套行动指南。只要确立并践行新理念,就能有效抑制形式主义问题的滋生,从而起到重要的治本作用。     

To take care of those on the front line against Covid-19: Is it possible to limit medical liability?

In the context of the COVID-19 pandemic, it is important not to forget, when the emergency is controlled or even over, that those who today are defined in all Countries as “heroes” could in the future be called to answer for alleged damage from professional liability. It is necessary to be prepared, both as health professionals and from a legal and governmental point of view, for a surge of professional liability claims which, with high probability, will begin to emerge in the coming months.     

新冠肺炎疫情防控中的“志愿者+社区社会组织”模式服务效力及其反思

在新冠肺炎疫情期间,社区的“志愿者+社区社会组织”实务模式在防控疫情蔓延、平缓居民心态、链接生活物资等方面发挥了重要作用。从志愿者参与途径看,“志愿者+社区社会组织”服务实践主要体现为价值取向中的个体主动、从众压力下的群体驱动、基于科层权威的单位组织、社区自治组织发动的“网格+志愿服务”、注重多元主体协同的混合五种具体模式,并在防疫工作中发挥了各自效力。该实务模式尚存志愿者和社区社会组织工作人员的定位分化、志愿服务风险系数高、志愿者疫情防控能力不足等突出问题。为推进志愿服务参与社区社会组织的疫情防控效率,须明晰组织与志愿者之间的合作基础,实施志愿服务的成本收益分析,筛选合适的志愿服务模式,总结疫情防控的基本经验,推动志愿服务的制度化建设。