浅谈如何发挥国家公务员在思想政治工作中的创新精神

国家公务员是国家的主要服务人员,一言一行都代表着国家的形象。在目前的形势下,发挥国家公务员在思想政治工作中的创新精神是非常必要的,为此,要充分利用网络传播正确思想,坚持与时俱进、开拓进取的精神,创新出国家公务员思想政治工作的新方法、新途径。     

Otherwise than Hospitality: A Disputation on the Relation of Ethics to Law and Politics

At a time of unprecedented migration and social displacement, following a century ravaged by war and hegemonic shift, the question of hospitality presents itself with unparalleled urgency. Taking his cue from Immanuel Kant’s cosmopolitics, Jacques Derrida addressed this question by deliberating on the nature of the political obligation to the other person. Invoking the work of Emmanuel Levinas, this demand is first of all ethical, and unconditional. But Derrida was also acutely aware of the residual violence of the hospitable gesture, which always takes place in a scene of power. The resultant aporias at the heart of hospitality provoked debate between the two authors at the 2007 Critical Legal Conference, and this paper seeks to elucidate and elaborate on this encounter. At stake are the matters of the potential political forms of hospitality, whether it should always been striven for and, ultimately, how one can conceptually reconcile its ethics with its violence.

Governing by expertise: the contested politics of (accounting for) land-based mitigation in a new climate agreement

This article analyzes the contested politics of including (and accounting for) land-based mitigation in a post-2020 climate agreement. Emissions from land have been only partially included to date within the United Nations Framework Convention on Climate Change and its Kyoto Protocol. The Paris Agreement, adopted in December 2015 and “applicable to all” for the post-2020 period, raises the possibility of unprecedented reliance on land-based mitigation. This has significant consequences for furthering both ambition and equity in global climate mitigation efforts. Yet, what are these consequences, and how have they manifested themselves in the existing (pre-2020) multilateral climate regime? What role do accounting rules for land-based mitigation play herein? In addressing these questions, we identify key dimensions of what we term the “governance by expertise” approach taken to land-based mitigation to date, which has served to reduce the environmental integrity of existing (developed country) mitigation efforts. Specifically, we analyze land-use accounting rules as a site of politics and highlight the “technicalization of politics” underway in this realm, which obscures the political implications of how land has been included to date. We conclude by considering whether the Paris Agreement institutionalizes similar dynamics, and the environmental integrity and equity implications of doing so.     

中国市民社会研究的新进展——《国家与市民社会》(增订版)评介

《国家与市民社会》(增订版)为我们提供了认识和理解市民社会理论的清晰脉络:不但提供了市民社会作为一种需要不断反思的理论模型的面向,同时也提供了市民社会作为一种需要建构的社会实体的面向,或者说,不管是在理论方面还是在经验方面,该书都向读者提供了有关市民社会的令人印象深刻的视野范围,从而为读者较为完整地把握这一理论指明了方向。     

From global problems to international norms: what does the social construction of a global corruption problem tell us about the emergence of an international anti-corruption norm

This article examines the ontological contestation that is inherent to the emergence of an international anti-corruption norm. First, the article briefly analyses the compatibility of an agenda on the social construction of problems from sociology and the well-established study of norms in constructivist IR. It argues that an analytical shift from the study of norms to the social construction of problems can shed light on the power relations that underlie international norms, and corruption in particular. The article traces the emergence of a global corruption problem up to the early 2000s when scholars have traditionally placed the establishment of an international anti-corruption norm. It first shows the contestation of corruption as a global issue on the level of problem definition, and then, it shows the role of venue shopping and venue shifting in the diffusion of anti-corruption talks and the norm cascade of the 1990s. The article concludes with an analysis of how the social construction of problems challenges the conventional approach of the emergence of an international anti-corruption norm.     

A taxonomy of collaborative governance: a guide to understanding the diversity of international and domestic conservation accords

Partially in response to the increasing complexity of governance structures in the international environmental arena, international scholars have adopted a distinction between “Type 1” and “Type 2” international agreements. The former refer to agreements between governments, whereas the latter refer to agreements between governments and nonstate actors. While useful, this distinction offers only a partial taxonomy of the diversity of collaborative governance, and fails to incorporate “Type 3” dynamics among nonstate actors. As an initial attempt at sorting out the wide array of collaborative governance structures both domestically and across international borders, we propose a 3 × 3 matrix based on two typologies, one institutional (governmental, collaborative, nonstate), the other geopolitical (domestic, transborder, interstate/transnational). The result is a classification system of nine types of both domestic and international governance. In addition to identifying fundamental differences among the myriad forms of governance, the matrix reveals how the “softening of sovereignty” occurs in practice.

Euthanasia: why it doesn't matter (much) what the doctor thinks and why there is no suggestion that doctors should have a duty to kill

A major reason that The Netherlands has taken a different approach to the rest of the world on such a fundamental moral issue is that the courts and legislature in that country have accorded the interests of doctors a cardinal role in the euthanasia debate. This article argues that the interests of doctors are of only incidental and peripheral relevance in relation to the moral status of euthanasia. The moral status of euthanasia has little to do with the preparedness of doctors to administer the lethal injection or their general attitude towards the practice. Euthanasia is principally about the interests of the patient and the impact that the practice may have on the community in general, not preserving the conscience or improving the working life of doctors.     

被教唆者刑事责任新议——我国《刑法》第29条第2款解析

我国《刑法》第29条第2款应在成立共同犯罪的前提下来理解,而共同故意犯罪需把形成共同故意作为前提.被教唆者没有犯被教唆的罪所包括的情形有:被教唆者没有将被教唆的罪实施达到既遂;被教唆者接受教唆者的教唆,但实施了不同于被教唆之罪的犯罪;被教唆者受到教唆者的教唆,产生了实施有别于被教唆之罪的犯意.对教唆者从减处罚的理由在于整个共同犯罪的罪行未完成.     

论我国刑法修正的秩序价值优先性——以《刑法修正案(九)》为视角

《刑法修正案(九)》对我国1997年《刑法》进行了较大规模的修改,在起草和审议过程中,很多内容备受争议.从具体内容看,《刑法修正案(九)》尽管兼顾公民权利和社会秩序两种价值,但更多地倾向于优先选择秩序价值.这是由刑法本身的性质所决定的,但也受到我国社会实际状况的深刻影响.然而,这并不是说,刑法优先选择秩序价值就是绝对的.相反,自由价值也是刑法的目的之一,因而对秩序价值有一定的约束.自由价值对秩序价值的约束,在先天上是弱性的,只有在立法和司法上将刑法谦抑性原则程序化、制度化,才能发挥这种约束作用.     

The measurement of concern about victims: Empathy,victim advocacy and the Victim Concern Scale (VCS)

Purpose . In a series of studies, the authors developed the Victim Concern Scale (VCS) to assess levels of concern for diverse types of crime victims. The goal was to derive a psychometrically sound instrument and to assess victim concern in relation to other crime‐related attitudes and victim advocacy endorsements. Methods . Through several scale iterations, participant responses to the VCS were examined. Participants also completed measures of empathy and provided judgments about specific victim/crime scenarios. In addition, in two large samples (college [N = 276] and community [N = 478]), victim concern was compared with other attitudes, attributions and participant demographics. Results . Participants readily distinguished among different victims. Four factors emerged from the VCS. Raters endorsed the highest levels of concern for victims of violent crimes and the lowest level for ‘culpable’ victims. Women and older respondents showed higher levels of concern across all categories of victims. Both victim concern and emotional empathy influenced advocacy responses to victimization. Victim concern was unrelated to such traits and attitudes as authoritarianism, political ideology or punishment goals; moreover, a high level of concern for victims did not preclude endorsement of rehabilitative goals for offenders. Conclusions . The VCS appears to be a valid instrument for assessing levels of concern for victims. It differs meaningfully from measures of general empathy. The VCS could be used to assess differential attitudes across demographic groups or as a measure of change following exposure to educational or other persuasive intervention.     

高氧环境下大鼠肺白细胞毒素的免疫组化研究

目的研究白细胞毒素在高氧环境下大鼠肺的组织学分布及与肺部疾病之间的关系。方法将大鼠分组后分别置于高氧环境和正常空气中24h、48h、72h和96h,制作石蜡标本切片,用特异的抗白细胞毒素抗体进行免疫组化染色。结果 置于高氧环境下大鼠肺中的中性粒细胞对白细胞毒素呈阳性反应,且随置入高氧环境时间的延长而明显增强。此外,巨噬细胞也呈现阳性反应。结论 用免疫组化方法证明了中性粒细胞产生白细胞毒素,提示白细胞毒素是导致高氧环境下肺损伤的重要化学介质之一。     

Legal grounds to process personal data under Spanish legislation after the ECJ Judgment of 24 November 2011 (the ASNEF and FECEMD case)

Spanish law on personal data protection regulates (among other issues) the legal bases that permit the processing of data in a way that is similar to that set out in Directive 95/46/EC. Consent constitutes the general rule although data may be processed without it if necessary for administration functions, within the framework of a contractual relationship, in order to safeguard the vital interests of the data subject or if they are included in sources accessible to the public. However, unlike the Directive, legitimate interest is not recognised as an independent reason for processing data, whereas a legal ground that is not set out in community law is included, i.e., sources accessible to the public. This paper analyses these two cases, taking as its starting point consent, along with the consequences that the ECJ Judgment of 24 November 2011 regarding the interpretation of Article 7 of Directive 95/46/EC may have and giving attention to the revision of this Directive itself.     

遗传资源获取和惠益分享国际立法进程（下）

1992年的《生物多样性公约》确立了遗传资源的获取和惠益分享国际法律规范。在该项法律规范的实施中,知识产权议题不可避免地牵涉其中,因此,有必要针对这些知识产权议题寻求能为各方接受的解决方案。自从《生物多样性公约》生效以来,相关的国际组织在国际层面上围绕遗传资源的获取和惠益分享中的知识产权议题积极展开了讨论和立法活动。然而,鉴于南北双方在涉及自身利益的核心问题上存在较大分歧,国际社会还未就此达成全面共识。尽管如此,在有关国际组织内已开展的工作和取得的成果,将为日后具有法律约束力的国际法律规范的通过奠定坚实基础。     

European Court of Justice rules on the protection of databases under the Database Directive (96/9/EC)

The European Court of Justice has ruled on the circumstances in which databases may be protected by the Database Directive. In a decision that renders the protection of databases a narrow concept, the ECJ appears to have introduced a new requirement that a database must comprise its author's “creative ability” in order to qualify for protection as a copyright work.     

Treatment Action Campaign (TAC) v South Africa (Minister of Health): reflections on the right to health care in Canada

In this article, Showkat Yazdanian examines the potential impact of the South African Constitutional court's decision in TAC v Minister of Health on the right to health care in Canada. Showkat first focuses on the potential utility of international treaties and precedents as a means to uphold the right to preventative health care in Canada. She then examines the Canadian Constitution's bearing on a right to health care, including an analysis of the current division of federal and provincial health powers.