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。     

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。     

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.     

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.     

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。     

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.     

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。     

Balancing Fundamental Rights and Common Market Freedoms in Union Law: Schmidberger and Omega in the Light of the European Constitution

Abstract:  This article deals with how the Court of Justice balances fundamental rights protection and Common Market freedoms. From the particular perspective of the Charter and the ECHR, whose legal status will be upgraded upon entry into force of the European Constitution, it studies the Court of Justice's approach to fundamental rights invocations by Member States in the context of Common Market freedoms. For this purpose the judgments in Schmidberger and Omega will be discussed both in the current setting and that envisioned by the European Constitution. It will emerge that the Court of Justice's reasoning in Schmidberger and Omega can be criticised on different levels, and alternative approaches are proposed. At a later stage some further elements for refining the methodology for assessing Member States' fundamental rights invocations are addressed with a view to facilitating the Court of Justice more satisfactorily to take account of the current and likely future setting of fundamental rights protection in Union law.     

Gender Quotas in Politics: The Greek System in the Light of EU Law

Positive action is currently gaining momentum in the European anti-discrimination discourse and policy-making as a necessary and effective tool to achieve the goal of full and effective equality in employment. Gender quotas in politics, however, are thought to remain outside the normative scope of Community law, the dominant view being that candidature for elected public office does not constitute employment in the sense of the relevant provisions. This article seeks to examine the Greek quota system for women in politics in its dialectical relationship to the general equality discourse and with reference to the current normative framework in Europe. The aims are threefold: to assess the legality of positive action in favour of women in politics from the point of view of EU law, to evaluate the effectiveness of the Greek system in achieving its gender equality goals, and to identify the problems that quotas in politics may pose with regard to the principle of democratic representation. It will, thus, be argued that positive measures in politics, though generally compatible with the fundamental principles of justice and representative democracy, may nevertheless be inadequate—at least in their current form—to provide effective solutions to the unequal distribution of social and political power.     

Dental Cementum in Age Estimation: A Polarized Light and Stereomicroscopic Study

Abstract: Dental hard tissues are good candidates for age estimation as they are less destructive and procedures to determine age can be easily performed. Although cementum annulations and cementum thickness are important parameters in this regard, they are seldom used. This study was undertaken to review the methods, difficulties in execution of techniques, and accuracy of cementum thickness and annulations in estimating the age. Unstained and stained ground sections of tooth were used to measure cemental thickness and count cemental annulations based on which age was estimated and was compared with known age. Although there was positive relation between cemental thickness and annulations with age, only in 1–1.5% of cases, age could be predicted with accuracy.     

Health and Efficiency: Community Law and National Health Systems in the Light of Müller-Fauré

In Müller-Fauré the Court of Justice has made clear that restricting patients to receiving medical services from their domestic health systems is often contrary to EC Treaty rules on the free movement of services, particularly where the treatment is not in-patient. The patient should generally be able to go abroad for treatment at the expense of their national health authority. This has structural and financial repercussions for health care systems in several Member States, including the United Kingdom, whose systems are premised upon captive patients. It also has broader implications for welfare harmonisation and provision in the European Union. Exceptions are possible, where the implications for the national health system would be very serious, but Müller-Fauré indicates that the Court will not allow national courts or authorities to rely on these too freely.