贵阳市主要纸质媒体艾滋病报道情况的研究分析

在社会的各种事件中,媒体一直以来都发挥着重要作用,它承担着报道事件、舆论监督、舆论引导、疏导公众情绪等多种功能。在艾滋病防控的工作中,媒体依然发挥着不可替代的作用。本研究将根据掌握的受调查城市主要纸质媒体报道艾滋病的第一手资料,对纸质媒体报道艾滋病的报道倾向、报道方式、关注程度等多个方面通过研究找到促进艾滋病媒体报道合理化的方法。     

“阴性艾滋病”的5年传闻之旅

网贴、QQ群、论坛、微博，从个人倾诉到集体发泄，再到媒体轮番报道，阴性艾滋病传闻最终成为一个“公共卫生事件”。     

日火车出轨事故六年追责未间断

日前，西日本铁道公司前社长正式在神户地方法院受审。日本在发生重大交通事故后，由两个机构分别对事件进行追究。一个是警方，负责对有关人员刑事责任的调查；另一个是运输安全委员会，负责搞清事故发生的原因。两个机构之间既互相依存，如调查委员会需要的物证都在警察手中，而警察拿到的技术性数据等需要调查委员会中专家进行分析。又因各自目的不同，保持着各自的独立性。     

谢再兴雇凶杀情人的背后

温州市瓯海区原区委书记谢再兴涉嫌杀害情人一案，引起了舆论的极大关注。《南方周末》、《东方早报》、《京华时报》三家媒体，从不同侧面对这一事件进行了报道。本刊在删节其中相同部分并酌情压缩后，予以转载。     

对行政调查中行政强制措施的法治化拘束

2009年10月，上海市“钓鱼式执法”事件被媒体广为报道，其他有关行政调查中公权力滥用的事件也被相继报道，暴露了行政执法过程中的诸多问题，引发了公众对公权力的诸多批评，削弱了政府的公信力，从而也从制度建设方面对行政调查特别是行政调查中强制措施的法治化提出了进一步要求。     

合肥“撑杆哥”走红 人民日报官方微博赞“正能量城管”

合肥“撑杆哥”的城管队员孙晓辉、杜为国和实习生聂元政的事迹被报道后，诸多媒体纷纷转型，@人民日报、@环球时报等许多中央媒体官方微博也刊发了该事件，     

媒体曝光须严谨

媒体对食品安全的关注和报道有效普及了食品安全知识，提高了全社会的信用意识，同时媒体积极发挥了舆论监督功能，揭露了食品安全领域存在的问题。有效保障了公众的知情权。由于现在食品安全事件频发，“食品安全”已经成为非常敏感的话题，所以我认为，     

党报对灾难性报道方式的变革

日报做为党报的最主要形式,一直伴随着共和国的成长。随着中国媒体的改革,越来越多的媒体走向民生化,日报的改革也迫在眉睫。杭州日报做为继广州日报后改革比较先锋的报纸,在报道的思路和方式上有不小的创新。汶川地震,杭州日报也同样以新锐的方式来报道这灾难性事件。     

论影视明星隐私权的法律保护

最近一段时间,"文章"这个名字一度成为各大搜索网站的关键词,其原因在于其与姚笛的婚外情被媒体曝光。原本出轨是一个男人又或是一个家庭的私事,然后文章出轨,通过媒体的大肆报道,似乎已经变成了公众事件,究其原因,只是因为文章是拥有着特殊的身份:影视明星。其实这些年,影视明星的私生活被暴露的例子比比皆是,从2008年的"艳照门",到2009年的近600名影视明星电话网络泄露事件再到如今的文章事件,这些通过媒体的大肆报道,原本属于私人生活的事情,似乎成为了公众和媒体进行"审判"的事物,这无疑大大的侵犯了影视明星的隐私权。     

南京市第三公证处“被指房产公证造假事件”调查全过程

2006年9月5日，一位陆姓中年男子来到南京市第三公证处，要追究公证处出具伪造公证书的责任，并找到南京一些媒体对事件予以报道，其中部分媒体在未经采访、不了解事件真相的情况下作出了不实的负面报导。     

Regulation of donor conception and the "time to tell" campaign

The first jurisdictions in the world to introduce legislation regulating donor conception were Victoria (Australia) and Sweden in the 1980s. Under the Infertility (Medical Procedures) Act 1984 (Vic), donor-conceived people (aged 18 years and over), their parents (if children were under 18 years) and donors gained the right to apply for identifying information about each other. Information can only be given with the consent of each party. To date, over 3,500 donor-conceived children have been born in Victoria since the 1984 Victorian legislation was introduced (and enacted in 1988). The first 106 donor-conceived children under this legislation turned 18 in 2006 and many of them may not know that they are donor-conceived. The Infertility Treatment Authority, Victoria, conducted a public education campaign to provide information and support to people affected by the legislation. The campaign and services associated with donor registers have had a significant initial impact.     

从“恢复性司法”看中国法文化传统的现代意义

中国司法传统的主流体现了一种朴素的人道精神,也蕴含着“和为贵”的价值取向。而目前在西方兴起的“恢复性司法”运动,在价值理念上与儒家的和谐思想和调解制度有诸多近似之处,而这也正是中西法律文化可以汇通的地方。它们对我们今天构建和谐社会均有借鉴意义。     

A Tale of Two Regions: Diffusion of the Israeli "50 Percent Rule" from the Galilee to the Occupied West Bank

The "50 percent rule" is an Israeli judicial doctrine that has played a pivotal role since the early 1960s in deciding disputes between the Israeli government and Palestinian landholders under Article 78 of the Ottoman Land Code. It was first institutionalized during a government land-claiming campaign aimed at providing state land for settlement-based Judaization of Israel's predominantly Palestinian Galilee region. Two decades later, during a similar state land-claiming campaign, the doctrine diffused into the occupied West Bank. Drawing on spatial components of social science diffusion literature and work in the field of legal geography, this article offers a legal-historical-geographical analysis of the evolution and diffusion of the 50 percent rule. Its conclusions suggest a new spatialized approach to the study of legal transfers and transplants that conceptualizes law's movement across international borders as one component of a broader process of legal diffusion, in which internal diffusion also plays an important role.     

Donor conception legislation in Victoria, Australia: the "Time to Tell" campaign, donor-linking and implications for clinical practice

The State of Victoria in Australia was one of the first jurisdictions in the world to introduce legislation regulating donor conception. Under the Infertility (Medical Procedures) Act 1984 (Vic), donor-conceived people, aged 18 years and over, parents of children under 18 years, and donors gained the right to apply for the release of identifying information about each other recorded in a Central Register. As a result, of this and subsequent legislation, services providing donor treatment were obliged to change clinical practice relating to recruitment of donors, counselling of donors and recipients and recordkeeping. Since this legislation was introduced in 1988, over 5,000 donor-conceived children have been born and in 2006 the first 100 of these children reached the age of 18. The Victorian Infertility Treatment Authority (ITA) conducted a public education campaign to provide information and support to people affected by the legislation. This article describes clinical practice changes prompted by legislation, the 'Time to Tell" campaign and the service model developed for linking parties on the donor registers. The Victorian experience demonstrates that laws allowing the parties involved in donor conception access to information about each other must be accompanied by changes to clinical practice, public education about the implications of the laws, and services to meet the needs of those seeking information relating to donor conception and those contacted as a result.     

Vladimir Shapoval: "The CEC Is Destined to Be the Scapegoat"

"The law is harsh, but it is the law"—the well-known ancient Roman saying is entirely suitable as a brief synopsis of the Lb.ua interview with the chairman of the Central Election Commission (CEC), Vladimir Shapoval.

"Any electoral legislation, I emphasize, any, will always be 95 percent the product of political expediency. Always. This way gives them an advantage—so be it." This is how he calmly parried my emotional "How can the advantage of the strong be codified in the law (!), and the weak essentially have no chance? What can you do, how can it be?" "All this ‘whining and crying,’ say, the law is this and that in substance, I do not accept it. The laws were adopted—so we will follow them. You cannot get away from it," he added.

It might seem to someone who does not know Vladimir Nikolaevich that the chief vote-counting official is being clever, "covering up" the "distortions" of the authorities "at the local level." He is in fact speaking frankly. The chairman of the Central Election Commission formed on the eve of the 2007 preterm parliamentary elections by a "coalition"—a retired Constitutional Court of Ukraine (CCU) justice, and a doctor of legal sciences who is an active member of the High Council of Justice (HCJ), he can permit himself that. Shapoval contrives to call things by their names: "How the law is written is another matter. And its parts are written abominably," he states bluntly.

In view of this, my discussion with Shapoval—formally tied to the start of a local elections campaign—went far beyond the bounds of a discussion of the legislation on this topic, and even the specifics of the campaign. The more so as I had already discussed this in detail with CEC Deputy Chairman Andrei Magera. Vladimir Nikolaevich, without concealing his indignation, related just what the HCJ is really afraid of (and it turned out it was not at all, or more precisely not only, what they are portraying it to be). Relying on nine years of experience as a CCU justice, he elucidated the risks of the invalidation of the 2004 constitutional reform by the current Constitutional Court—"only those who have face can lose it." Sketching out the situation in the body politic, he summed up, "If the Party of Regions (PoR) does not win the local elections, many questions will arise."     

Campaigning for the Bench: The Corrosive Effects of Campaign Speech?

A new era has emerged in the ways in which candidates for state judicial office campaign. In the past, judicial elections were largely devoid of policy content, with candidates typically touting their judicial experience and other preparation for serving as a judge. Today, in many if not most states, such campaigns are relics of the past. Modern judicial campaigns have adopted many of the practices of candidates for other types of political office, including soliciting campaign contributions, using attack ads, and even making promises about how they will decide issues if elected to the bench. Not surprisingly, this new style of judicial campaigning has caused considerable consternation among observers of the courts, with many fearing that such activity will undermine the very legitimacy of legal institutions. Such fears, however, are grounded in practically no rigorous empirical evidence on the effects of campaign activity on public evaluations of judicial institutions. The purpose of this article is to investigate the effects of campaign activity on the perceived legitimacy of courts. Using survey data drawn from Kentucky, I use both post hoc and experimental methods to assess whether public perceptions of courts are influenced by various sorts of campaign activity. In general, my findings are that different types of campaign activity have quite different consequences. For instance, policy pronouncements by candidates do not undermine judicial legitimacy, whereas policy promises do. Throughout the analysis, I compare perceptions of courts and legislatures, and often find that courts are far less unique than many ordinarily assume. I conclude this article with a discussion of the implications of the findings for the contemporary debate over the use of elections to select judges to the high courts of many of the American states.     

美国“201条款”与新贸易保护主义政策分析

美国以国内贸易法“2 0 1条款”为依据 ,掀起了新一轮贸易保护主义浪潮。美国的“2 0 1条款”与WTO的“保障措施协定”存在抵触。钢铁贸易保护是一种单边主义行为 ,将对世界贸易组织的稳定带来巨大的冲击。中国必须作出应对的战略选择 ,维护国家经济主权     

"Totality"--right or wrong: the totality trilogy

Totality, or the concept that all evidence that may bear on a given case should be considered together in issuing a decision, has been applied inconsistently by the National Labor Relations Board, particularly with regard to three types of cases: "good faith doubt" cases, those involving employer statements made during a union election campaign, and employee discharge cases. In the following article, the author examines cases that demonstrate how the Board has vacillated in its application of the totality principle.     

“国际主义”与“国家主义”之争——文物返还问题探析

文物作为文化价值与经济价值的统一体,极易通过多种途径流失。在流失文物的返还问题上一向存有“文化国际主义”与“文化国家主义”两种对立理论,本文从对这两种理论的评介出发,认为文化国家主义才是国际社会应有的正确理论态度。同时通过对两种理论在现有国际公约中的各自体现的讨论,最终揭示出国家主义所处的现实困境,并提出了摆脱这一困境的建议。     

“民事证据裁判原则”辨识

证据裁判原则是刑事诉讼法中的一项原则。受刑事诉讼法理论的影响,证据裁判原则也在民事诉讼中被人们所提及。但基于民事诉讼的特定语境——民事纠纷性质、实体法属性、纠纷当事人关系、民事诉讼规范体系的特定性,证据裁判规范的要求就具有了与刑事诉讼法不同的意义和价值。其例外情形、原因及发生机理也有所不同。基于民事案件事实揭示的机理和民事诉讼法强调"谁主张谁举证"的举证要求,在民事诉讼中,证据裁判作为原则的意义和地位远不如刑事诉讼。对于如何认识证据裁判的规范地位和意义,无论是民事证据规范文本的规定,还是人们对例外情形的认识,都存在着一些误识。误识的主要原因是脱离了民事纠纷的特性,按照公法思维而非私法思维去认识证据裁判的意义。文章就此进行了澄清和辨析。在民事诉讼中,对于事实认定而言,更重要的是自由心证原则。