我国现行破产宣告制度的缺陷与对策思考

随着企业改革和社会主义市场经济的发展,我国现行的破产法律规范存在着较多的弊端,尤其是破产宣告制度,已严重地落后于形势的发展,本文在分析了现行破产宣告制度缺陷的基础上,提出了相应的完善对策,以尽快完善我国关于破产宣告问题的法律制度体系。     

对行政管理体制改革紧迫性的思考

我国政治、经济、文化和社会的变革,迫使行政管理体制也要适时改革创新.现行行政体制在许多方面已不能适应社会管理的要求,必须根据当前社会管理形势发展的需要进行改革.只有创新行政管理体制,社会管理体制才能完善,社会管理才能高效、有成就,社会才能平稳、健康地快速发展.     

论我国新型检警关系的建构

检警关系是指检察机关与警察机关之间的关系,即公诉主体与侦查主体之间的关系。检警关系是刑事诉讼法中不可缺少的重要组成部分。科学合理的检警关系,有助于侦查与公诉模式的准确定位,有助于最终实现惩罚犯罪与保障人权的目的。此次刑诉法修正案修改相当之大,特别是权力配置方面,故检警关系也必将随之发生变化。试图以刑诉法修正案的实施为契机,提出一些粗浅的调整与完善我国现行检警关系的建议,从而有利于构建科学合理的检警关系。     

侦查阶段律师介入制度相关问题的研究

刑事诉讼中,律师介入刑事侦查是现行<刑事诉讼法>(以下简称(<刑诉法>)所确立的一项诉讼制度.尽管新修订的<律师法>对侦查阶段律师介入制度的改革完善力度很大,但同世界各国比较而言,我国<刑诉法>以及相关法律有关侦查阶段的律师介入制度仍然是不成熟、欠完善的.律师介入侦查阶段的权利扩展、身份定位、享有的权能等问题均有进一步探讨和完善之必要.     

论经济犯罪的刑罚模式改革

当前,经济犯罪刑罚轻缓化已成为世界范围内刑事政策的发展趋势,而我国经济犯罪惩罚还存在刑种设置单一、财产刑适用不足、量刑情节模糊等问题。为使我国经济犯罪刑罚改革跟上世界刑事法的发展潮流,应在宽严相济形势政策指导之下完善经济犯罪惩罚的财产刑和资格刑,对现行刑罚模式予以改革。     

新刑诉法给检察权运行带来的机遇和挑战——以证据制度和辩护制度的修改为视角

此次新刑诉法围绕证据制度和辩护制度做了幅度较大的修改和完善,涉及律师会见、律师阅卷、证人出庭、调查取证、非法证据排除、举证责任分配等多个方面,将对我国刑事诉讼制度和司法实践特别是检察权的行使产生重要影响。这种影响既包括机遇也包括挑战,立足新刑诉法的修改,做好相关梳理和研究十分必要。     

我国行政审批制度中存在的问题及改革措施

随着我国由计划经济体制向市场经济体制的转变及加入世界贸易组织后形势的发展,传统行政审批制度的弊端逐渐显现出来,行政审批制度的改革已势在必行。可以采取的措施包括设立一个中立的权戚机构对现行的审批事项进行清理和对行政许可进行法律合法化完善。     

深化行政管理体制改革 建设服务型政府

新的形势对我国社会的影响是全方位的,现行行政管理体制依然还存在一些与经济社会发展不相适应的方面,行政管理体制还不完全适应发展社会主义民主政治和完善社会主义市场经济体制的要求。从一定意义上讲,我们必须重视行政管理体制中存在的问题,探索能够完善并适应市场经济建设的行政管理体制。     

论新刑诉法在保障人权方面的进步

2012年新刑诉法的亮点之一,就是它确立了人权保障这一基本理念。使刑诉法打击犯罪与保障人权两大功能更加协调。这可从法律援助制度、证据制度、人身自由保护制度、死刑复核制度、未成年人保护制度等诸多方面得以体现。这无疑是人权保障方面的一大进步。     

进一步完善了私有财产保护制度

共产党和国家对财产权尤其是私有财产权的认识及保护,有一个不断发展、逐渐深化的过程。自改革开放以来,我国经济体制发生了很大的变化,个体和私营经济有了长足的发展,私有财产也与日俱增,与此相应的是,加强对私有财产权(或公民财产权或个人财产权)的保护已成为共识。为适应这一形势,我国现行《宪法》的第四个修正案作出了新的规定,进一步完善了对私有财产的保护。一、宪法进一步完善财产权保护的必要性(一)财产权保护的宪法规定及其演变私有财产特别是私有生产资料的法律地位,与个体、私营等非公有制经济的法律地位关系密切。正因为如此,现行宪法是在基本经济制度的框架下确认公民的私有财产权的。     

Tony Blair's 'Media' Speech: The Commentators

Tony Blair's speech challenged the media over its standards in his valedictory lecture. Many of his charges about the absence of balance, attacks on motive and a pack mentality stand up, even if some are exaggerated and also applied well before his arrival in 10 Downing Street. Mr Blair's solutions did ot match his critique. What is required is a more self‐questioning media, being held to account on the internet and on specialist blogging sites. Vigorous criticism, requiring justification, is a more credible rout than tighter regulation. Tony Blair's speech on the changing pressures on the media is both interesting and convincing in its diagnosis (although generally reported in ways that did not reveal this). It is less convincing in suggestions for change: the fact that on‐line media will fall under Of‐com, and so under its minimal ‘content regulation’ will have little impact. Effective change could begin with other types of (self or other regulation). Some steps towards change might include minimal requirements for journalists and editors to accept elementary forms of accountability, such as disclosing conflicts of interest and payments made for ‘stories’. The scale of media coverage may be crucial in determining the allocation of aid, yet the attention the media pays to particular causes is arbitrary. Many serious disasters are not reported and as a consequence do not receive adequate aid, so that the victims of the crisis will lose out. Chronic long term problems, like famine, are ignored in favour of ‘sudden emergencies’. Reporting seeks sensation and simple stories which influences the way that aid agencies respond to the media. The complex background to a faraway disaster is often overlooked and not properly reported. Tony Blair's speech describing some of the news media as ‘feral beasts’ contained one paragraph which contained an insight into his views on new media. It was known that the outgoing Prime Minister was uncomfortable with some aspects of new technology but his remarks reveal a wider disappointment with how new media has failed to deliver changes which he had hoped for in political communications.This paper records Mr Blair's problems with new media and argues that by focusing on how the new technologies might provide a better way for politicians to by‐pass the traditional media he has missed the point of their wider benefits.     

The Language of Race

The 1991 Census form for households in Great Britain included, for the first time, a question about ethnic group. The question had nine boxes, eight for named ethnic groups and one for 'any other'. One box had to be ticked for each member of the household. Brian Klug discusses his own reaction to the (so-called) ethnic question, and explains why, as a Jew of European extraction, he did not tick the box marked White. He examines several issues raised by the ethnic question, including the following: why this question is different from other questions on the form; the definition and use of the words 'racial' and 'ethnic'; the vocabulary of colour ('black', 'white' etc.) in the language of race; the idea that 'white' is an ethnic category; the claim that the ethnic question is an instrument for combatting racism; one proposal for improving the question by removing the 'racial' components in the categories.     

Guest editor's introduction

In 1933 the army of the nascent Iraqi state launched an exterminatory attack on members of the Assyrian community who had fled to Iraq during the First World War. 'The Assyrian affair' which at the time sent shock-waves around the world has now been largely forgotten. But an examination of its origins and causation reveals much about the nature and pattern of modern genocide. Levene argues that typecasting genocide as the outcome of prejudice, racism or even xenophobia, while these may be significant ingredients, proves to be insufficient as a comprehensive explanation. Rather, these factors need to be analysed within the context of an emerging international system of nation-states. This itself may be a factor in helping to catalyse the most extreme and radically ideological responses, especially from new and untried national elites seeking to overcome perceived obstacles to their state's development and genuine independence.     

道德规范表现形式的历史演进

道德规范的产生和形成,有着深刻的社会经济根源,是由一定的社会物质生活条件和社会关系决定的。道德规范随着社会的发展而不断发展,具有历史性和继承性。在人类漫长的道德生活中,道德规范曾有过形态各异的表现形式,大体可以概括为图腾、禁忌、礼仪、风俗、箴言、准则、义务、责任等几种主要的表现形武。道德规范表现形式的历史演进,是一个由蒙昧到理性、由自发到自觉、由低级到高级的发展过程。     

Canguilhem amid the cyborgs

George Canguilhem's 1947 lecture,‘Machine and organism’,is a rich source of ideas for thinking about the relationships between living organisms and machines. He takes all tools and machines to be extensions of the bodymand part of life itself (which does not make machines any more good or bad than every living organism is good or bad). These insights are updated with a discussion of cyborgs. An account is given of the original idea of the cyborg (Clynes and Kline 1960), and of its transformations in science fiction and at the hands of Donna Haraway and Andrew Pickering. Canguilhem is profoundly anti-Cartesian, but on account oshis vision of life which breaks down the old barriers between natural and artificial, mind and body, manufactured and created.     

The Accursed Share: Bataille as Historical Thinker

Abstract

This essay addresses Georges Bataille as a historical thinker by concentrating on The Accursed Share (three volumes, 1949-54), the text Bataille took as his master-work. An amalgam of cultural criticism, anthropological and sociological research, The Accursed Share reveals Bataille's temporalised vision of his four central ideas, excess, expenditure, sovereignty and transgression. Grappling with this vision is key for understanding Bataille's oeuvre as a whole because it brings the entirety of his assessments of Western and world culture under its heading. The aim of the paper is to offer a sense, on one hand, of Bataille's dystopic heterology and, on the other hand, the unique formulation of the junctures between economics, power and morality that define him as important for the irruption of post-structural thought specifically, and indeed, the postmodern era as a whole.     

Ethnic and religious variations in the reporting of racist victimization in Britain: 2000 and 2008/2009

The role of victimization in the generation of ethnic inequalities is increasingly acknowledged yet its impact on the lives of people with different religious affiliations remains underexplored. This is despite evidence of the importance of religion for forms of group identification and social mobilization. An exploration of the particular impact of religion as a focus for experiences of victimization may be particularly pertinent given the increasingly negative treatment of Muslim people since the riots in Britain of 2001, the terrorist incidents of 2001, 2004 and 2005 and the political and military responses to them. Cross-sectional analyses of data collected in 2000 and 2008/2009 explore whether there is evidence that the ethnic/religious patterning of reports of different forms of victimization have varied over time, after adjusting for the impact of age, gender, migration and socioeconomic differences between the groups. In 2000 Muslim people with different ethnic backgrounds were less likely, but by 2008/2009 were more likely, to report experiences of victimization than Caribbean Christians. However, the ethnic/religious patterning of perceptions of Britain as a ‘racist society’ were more consistent over time. This may suggest that, despite their increased exposure to victimization over the period, Muslim people in the United Kingdom have yet to experience the racialization characteristic of the treatment of Caribbean Christians, which requires a more prolonged exposure to racist negative attitudes. But this may be only a matter of time. The persistent expectation of poor treatment described by Caribbean Christians is testament to the difficulties of addressing these negative perceptions once racialized identities are embedded. Immediate action must be taken to prevent this occurring among other ethnic/religious minorities.     

The persecution of German Romanies: the case of Osnabrück, 1933–46

Studies of racial persecution in Germany, particularly during the Nazi period, now appear on almost a daily basis, so that every victimized minority has received attention. Antisemitism remains the main focus of research but the Romanies have now begun to attract scholars. While historians have studied Jews in virtually every location and over short time periods, they have tended to examine the situation of the Romanies at the national level using a longer time frame, recognizing the continuities of racial persecution that link the Nazi years with the rest of the twentieth century. Panayi brings out these longer-term patterns by focusing on the case of Osnabrück. He begins with an account of the historiography of Romanies at both the local and national level, and contrasts this with the general attention that German history of the first half of the twentieth century, especially the Third Reich, has received. The narrative then moves on to use the limited information available on the Osnabrück Romanies to carry out a detailed examination of the realities of their everyday life and the attitudes of the authorities towards them in the town between 1933 and 1946. Panayi’s study falls into the German social history approach of Alltagsgeschichte, which uses the specific to draw out the realities of the general national picture.