Out of Darkness into Light? Introducing the Convention on the Rights of Persons with Disabilities

On 13 December 2006, the General Assembly of the United Nationsadopted the Convention on the Rights of Persons with Disabilities(CRPD) and an associated Optional Protocol. The formulationof the CRPD has been hailed as a great landmark in the struggleto reframe the needs and concerns of persons with disabilityin terms of human rights. The CRPD is regarded as having finallyempowered the world's largest minority to claim their rights,and to participate in international and national affairs onan equal basis with others who have achieved specific treatyrecognition and protection. This essay interrogates the intellectualantecedents of the CRPD and its continuity and discontinuitywith 25 years of international law and its struggles with disabilityand human rights. It then explores the text of the CRPD, criticallyexamining its potential contribution to the realisation of therights of persons with disability.     

论鲁迅"幽暗意识"之表现及由来

鲁迅有极深的绝望体验和幽暗意识,日本学者称之为舍斯托夫体验。在鲁迅具体表现为:死亡意识、忏悔与赎罪意识、中间物意识和过客精神等。面对人性的幽暗面,鲁迅不是被动承受,而是主动担当,浸没于黑暗中开始呐喊,严厉批判别人,更严厉解剖自己。他以整个生命扑过去,把自己烧在里面。鲁迅这种精神气质,主要是受到舍斯托夫等基督教作家和希伯来精神影响所致。     

建构主义观下的数学教学论

本从建构主义基本思想出发,重新认识数学本质和数学教学,认为无论是数学创建和数学学习都是个人建构与社会建构相统一的过程,数学、个人、社会三在教学中的关系应当是双向性的,并提出以“在做数学中学数学”作为数学教学设计的基本思想。     

Human trafficking and criminal investigation strategies in the Amsterdam Red Light District

The subject of human trafficking has recently received a lot of attention from society and the world of politics. The criminal-law approach to human trafficking has also been placed high on the agenda of law enforcers. Human trafficking is, however, a complex crime with several specific characteristics. For example, there is often a complex relationship between victims and perpetrators of human trafficking and victims are often too afraid to file a report. How do the police and the judicial authorities work in the investigation of human trafficking in view of the specific characteristics of human trafficking? What choices are made in practice and what different police investigative strategies can be distinguished? What opportunities and risks are inherent in the choices made? In this article we answer these questions on the basis of four large scale police investigations into human trafficking that we studied closely. The four criminal cases all focused on violent groups of human traffickers that operated in the Amsterdam window prostitution. All criminal cases have since been concluded (in first instance). It turned out that in each of the four investigations the relevant police team applied a different investigative strategy: one investigation focused primarily on the victim statements, one investigation focused on public nuisance, one investigation focused on the evidence against the criminal organisation and one investigation focused on the offences (evidence concerning the exploitation of prostitutes). In this article we compare the four strategies applied and consider the consequences of each strategy for the course of the investigation and the criminal prosecution and what dilemma’s are faced in each strategy. Although the various investigations cannot be easily compared and a uniform ‘best’ strategy cannot be designated, the comparison does show that some choices or decisions entail great opportunities or great risks as regards the successful investigation and prosecution of human trafficking. It concerns, for example, the choice of involving local investigative services (district police) or the choice for short-term or, as the case may be, longer-running investigations.     

论刑罚轻缓化的实现机制

宽严相济是新的历史时期我国基本的刑事政策,刑罚轻缓则是宽严相济刑事政策的核心。在世界各国刑罚整体轻缓的今天,削减死刑罪名,优化刑罚结构,对无被害人犯罪作非罪化处理是刑罚轻缓在立法层面实现的关键;而严格限制死刑的适用,扩大非监禁刑的适用范围,完善非监禁化措施,开展社区矫正,实现行刑社会化。则是刑罚轻缓在司法层面实现的重要内容。     

Rights in Criminal Law in the Light of a Will Theory

The will theory of rights has so far been considered incapable of capturing individual rights under criminal law. Adherents of the will theory, therefore, have defended the claim that criminal law does not assign rights to individuals. In this article I argue first, that criminal law does assign individual rights and second, that the will theory of rights may enhance our understanding of these rights. The two major implications of the account are: a volenti non fit iniuria principle for criminal law, and a theoretical framework for an idea of punishment as restitution.     

Conditionality and Enlargement in Light of EU Constitutional Developments

Abstract: Conditionality has deeply affected European integration, particularly in what concerns EU human rights external policy on the one hand, and the enlargement process on the other hand. This paper affords a picture of the problems which conditionality has raised, not only on legal grounds, but also for the shaping and the understanding of the European identity. Moreover, the paper investigates how recent EU developments, such as the further stages of the enlargement process and the ‘Treaty establishing a European Constitution’, might change the course of, and might be affected by, conditionality.     

Enhancing the Visibility of Injuries with Narrow‐Banded Beams of Light within the Visible Light Spectrum

The use of narrow‐banded visible light sources in improving the visibility of injuries has been hardly investigated, and studies examining the extent of this improvement are lacking. In this study, narrow‐banded beams of light within the visible light spectrum were used to explore their ability in improving the visibility of external injuries. The beams of light were induced by four crime‐lites^® providing narrow‐banded beams of light between 400 and 550 nm. The visibility of the injuries was assessed through specific long‐pass filters supplied with the set of crime‐lites^®. Forty‐three percent of the examined injuries improved in visibility by using the narrow‐banded visible light. In addition, injuries were visualized that were not visible or just barely visible to the naked eye. The improvements in visibility were particularly marked with the use of crime‐lites^® “violet” and “blue” covering the spectrum between 400–430 and 430–470 nm. The simple noninvasive method showed a great potential contribution in injury examination.     

试论法医轻、重伤鉴定的分析论证

根据鉴定结论的法律属性。就法医轻、重伤鉴定的分析论证进行探讨，提出其分析论证至少应包括损伤事实的认定、因果关系的判断和“标准”条款的适用三个部分的内容，同时就各部分所应遵循的原则进行论述，使这类鉴定真正达到以损伤事实为依据．以法律、“标准”为准绳的目的。     

我国21世纪警用轻武器展望

21世纪应充分挖掘我国警用轻武器现有装备的潜能，提高警用轻武器的使用可靠性和人机效能，进一步完善致命性与非致命性武器的配套装备，注重武器系统一体化发展，积极探索适应改革发展的新路子，为实现警用武器的现代化而努力。     

The fight against human trafficking in the Amsterdam Red Light District

The Amsterdam Red Light District is famous for its sex-oriented businesses. Although prostitution was legalized in 2000, this did not end some of its criminal side effects, particularly the trafficking in women. In an effort to combat human trafficking in the district, the local authorities launched the Emergo project in 2007. The core of the project is a multi-agency approach in which the municipality, the police, the public prosecution service and the Tax and Customs Administration cooperate closely. In addition to improving the effectiveness of repressive action against criminal infrastructures, additional legislation such as the criminalization of clients is also considered necessary to compensate for the shortcomings of regulatory measures.     

Visual Jurisprudence of the American Yellow Traffic Light

In the United States, the steady yellow light means that a driver should either speed up or slow down. State laws written about a driver’s behavior at these yellow lights are vague and indeterminate and result in what is referred to as the dilemma zone (Hurwitz et al. in Transp Res Part F Traffic Psychol Behav 15(2): 132–143, 2012). This paper will reconsider law’s vagueness as intentional rather than problematic, insofar as cultural understandings of the yellow light lead to a framework of visual jurisprudence in which drivers interact with law through legal discretion and common sense confronting a yellow light. Through a jurisprudential juxtaposition between the yellow light and red light cameras used to enforce yellow lights, the semiotics of automaticity compete with the semiotics of context-bound decision-making.     

Demographic Policy in Light of the Decisions of the Twenty-Sixth Congress of the CPSU

The Communist Party of the Soviet Union and the Soviet government devote a great deal of attention to social problems, among which demographic problems occupy an important place.     

The Price is Light: Socializing the Cost of Wildfires in California

Abstract

The effects of climate change have caused catastrophic wildfires in California to become perennial occurrences, claiming numerous lives and contributing to billions of dollars in property damages. As a result, California’s existing capacity to absorb an ever-growing financial burden is under immense strain. This article proposes mitigating and spreading these costs across the government, private utility companies, and residents alike. To effectuate this goal, this article recommends three key reforms: re-interpreting tort liability law for private utility companies, establishing a state-backed reinsurance program to assist victims of wildfire damage, and re-thinking the continuing expansion of human development in fire-prone regions.     

处罚法定视野下失信惩戒的规范进路

在新《行政处罚法》增设行政处罚定义条款的背景下,大部分失信惩戒措施都可以纳入行政处罚范畴。处罚法定原则是规范行政处罚的关键技术,现行失信惩戒制度在要件、效果、程序等维度上皆不同程度偏离了处罚法定原则,亟需纠偏。在要件法定层面,应对失信概念进行类型化提炼、拼接失信构成要件的规范分离,并增设主观过错要素;在效果法定层面,失信惩戒的设定应恪守法律保留、建立失信行为与惩戒措施的匹配规则,并在"一事不再罚"框架内实施惩戒;在程序法定层面,信息归集程序应符合《民法典》《个人信息保护法》设定的信息处理规则,处罚决定程序须在自动化处理和人工介入之间求得平衡并合理限定追究时效,信用修复程序则应完善修复条件,以及引入"信息修复"制度。