刑法现代化理论的续造

根据党的十九届四中全会决议,在国家治理体系和治理能力现代化的背景下,刑法现代化需要继续发展。反观我国刑法学领域,现代化刑法的追求还占据着当代刑法学人的思维,遮蔽了中国刑法现代化之未来图景的真实面貌,妨碍了中国刑法现代化的进一步发展。为此,我们有必要从现代性的一般特征出发,尝试着以现代之后的视角看待刑法现代化发展及其遭遇的“陷阱”。在对现代性中的基础主义、表象主义,以及普遍主义的批判基础上,实现现代刑法经由自由刑法向风险刑法、单一法典化向立法多样化和实践理性向交往理性三个维度的转化,并为中国刑法的现代化事业提供更为充足的理论动力。     

‘Let's Win this Game Together’: Children's Rights Violations,Macro‐Securitisation and the Transformative Potential of the 2014 FIFA World Cup in Brazil

Sport's transformative potential is known to support marginalised children, to deal with traumatic experiences and instil positive values; yet hosting mega sporting events (MSEs) can have negative impacts. Drawing on participatory research with favela‐based children during the 2014 World Cup in Brazil, this article argues that MSEs bring a macro‐securitisation of urban life, which causes considerable harm. This paper also suggests that the inclusion of children's voices in advocacy debates can challenge top‐down securitisation and might allow MSEs to foster further positive social transformation. Therefore, juxtaposed with causing harm, macro‐securitisations can open opportunities for children to take action and have their voices heard.     

The communitarian revolutionary subject: new forms of social transformation

Abstract

The hope for a unique revolutionary actor in the twentieth century evaporated as a result of the weaknesses of social organisations. This paper examines the potential of an almost-forgotten group of revolutionary actors – collectively organised and deliberately involved in processes of social and productive transformation with a legitimate claim to territory – whose present-day activities involve them in concerted processes to consolidate a different constellation of societies on the margins of the global capitalist system. Indigenous and peasant communities throughout the Americas are self-consciously restructuring their organisations and governance structures, taking control of territories they claimed for generations. They are also reorganising production to generate surplus, assembling their members to take advantage of underutilised resources and peoples’ energies for improving their ability to raise living standards and assure environmental conservation and restoration. These communities are not operating in isolation. They coordinate activities, share information and build alliances. Hundreds of millions of people are participating in this growing movement; they occupy much more than one-quarter of the world’s land area. There is great potential for others to join them, expanding from the substantial areas where they are already operational. Global social networks are ensuring that this dynamic accelerates.     

Contested Resource Extraction,Anti-Corporate Protests and the Politics of Movement Alliance in Bangladesh

Why do activist groups form alliances and why do some alliances later fall apart? This article asks these questions in the context of a popular mobilisation against resource extraction in Bangladesh. It focuses on the dynamics of a strategic alliance between a locally organised community mobilisation against a British mining company and an urban radical activist group, known for its anti-capitalist activism, to explore the subsequent collapse of the alliance and the demobilisation of one group. Based on the qualitative analysis of in-depth interviews with activists and organisational documents, the article probes the underlying causes of rupture. Although several individual and organisational factors are identified, it is argued that Bangladesh’s confrontational political culture and its authoritarian party system played a critical role, with local activists vulnerable to co-optation or being silenced by powerful political actors. The article contributes to social movement scholarship by emphasising that specific political cultures can undermine efforts to build strategic alliances between diverse social movement organisations.     

Coordination and control in Russia’s foreign policy: travails of Putin’s curators in the near abroad

Abstract

This article seeks to challenge the conception of the Russian state as being centred on Vladimir Putin by looking at the actors implementing Russia’s foreign policy in its near abroad. In particular, it explores the activities of curators (kuratory), a term applied in Russia to describe officials tasked with making things work often bypassing, and sometimes competing with, formal institutions. Following the state transformation framework, the argument put forward in the article is that curation (kuratorstvo), as a practice of coordination and control in Russia’s system of governance, can be seen as a manifestation of fragmentation and internationalisation of Russia’s foreign policy making. The empirical basis for this article is a case study of Russia’s policy towards Abkhazia, which Russia officially recognised as a sovereign state in 2008. This article addresses the involvement of curators in their attempts to exert political influence as an expression of fragmentation as well as emerging institutionalised curation in development assistance as a part of internationalisation.     

Can We Blame it on Rio?

The Rio de Janeiro Olympic Games were the last major sporting event in a decade‐long cycle in the Brazilian metropolis. In the years leading up to the Rio 2016 Summer Olympic Games, the city's urban planning agenda was captured by the exogenous demands of hosting the quadrennial spectacular. This capture has exacerbated four tendencies that will pertain in Rio de Janeiro for the foreseeable future: consolidation of consumer sovereignty, restructuring of urban circulations, financialisation of urban territories, and securitisation of exception.     

State transformation and cross-border regionalism in Indonesia’s periphery: contesting the centre

Abstract

This article examines how the decentralisation and fragmentation of the Indonesian state and resultant central–local dynamics affect cross-border regionalism in Indonesia’s periphery. It argues that cross-border regionalism projects are best understood as sites for scalar contestation over regulatory control between central and local government. Moreover, scalar contestation around cross-border regional projects is characterised by the struggles to control relationships with transnational capital between elites operating at different tiers of the state. When elites at different scales have conflicting interests and strategies, this can cause policy incoherence, inhibiting the development of cross-border regionalism. Conversely, when they align, and intersect with the interests of transnational business, cross-border regionalism can succeed. To illustrate the argument, this article utilises the comparative case studies of the Batam free trade zone and West Kalimantan–Sarawak cross-border cooperation.     

论行政程序在大数据下的内涵变迁

大数据时代的到来,形成了数据的普遍化和社会化,传统行政法治的内涵也因此受到了巨大冲击,行政程序作为行政法治的核心要素无疑不能例外。这既影响到行政程序在行政法中的地位、价值、内容和运行,也影响到行政程序的规制模式和构型设计。正因如此,大数据背景下行政程序规制应由粗放向精确、由程式向有序、由定性向定量、由感性向理性变迁。在行政程序构型上,应由板块式到结构式、由自洽式到自证式、由博弈式到分配式、由套路式到效率式转换,以体现行政程序的时代特性和科学内涵。     

Shifting forensic science focus from means to purpose: A path forward for the discipline?

Forensic science is facing a persistent crisis that is often addressed by organizational responses, with a strong focus on the improvement and standardisation of means and processes. However, organisations and processes are highly dependent on the political, economical and legal structures in which they operate. This may explain why most proposed solutions had difficulties in addressing the crisis up to now, as they could hardly be applied transversally to all forensic science models. Moreover, new tools and technologies are continuously developed by a quasi-infinite number of different scientific disciplines, thus leading to further diversity and fragmentation of forensic science. In this paper, it is proposed to shift the focus from means to purpose and consider forensic science current challenges in terms of discipline, before addressing organisations’ specific issues. As a distinct discipline, forensic science can refocus research and development on shared principles and purposes, such as reconstructing, monitoring, and preventing crime and security issues. This focus change will facilitate a better understanding of the trace as the object of study of forensic science and eventually lead to a more impactful and long-lasting effect. This approach will also foster the development of a forensic science culture (instead of a primarily technological culture) unified by purpose rather than means through more relevant education and research.     

行刑社会化滞后的成因与对策

犯罪原因论、刑罚的负面影响以及当前改造工作以提高改造质量为中心的高标准都决定了行刑工作必须社会化.然而,现阶段行刑社会化呈明显的滞后现象,其成因主要来自社会、罪犯亲属、罪犯自身和监狱等方面.因此,必须树立行刑社会化思想,加大宣传力度,建立行刑社会化运行机制,消除自由刑的缺陷.