强化基层反恐能力 从源头上解决反恐问题

上个世纪以来,各种国际恐怖主义逐渐兴起,被称为是"20世纪的政治瘟疫"。世界上有案可查的恐怖组织多达1000多个,而行动活跃、破坏力强、影响大的组织也有几十个。进入到21世纪,恐怖主义活动仍然日益猖獗,国际恐怖主义犯罪的危险已经成为了威胁当今社会安全的最重要的因素之一。而我国也受到了国际恐怖势力、邪教恐怖势力的侵犯,因此对恐怖势力的防范与处理是关系到国家安全和人民生命财产安全的重中之重。如何强化基层的反恐能力,从根源上找到解决恐怖主义行为的措施,是反恐行为的关键所在。本文将首先分析我国地方恐怖主义的发展现状,介绍恐怖主义的特点和危害,接下来对完善基层反恐提出一些看法和建议,讨论如何从根源上解决反恐问题。     

我国面临的国际恐怖犯罪现状与应对策略

国际恐怖主义犯罪是威胁当今国际社会安全的非传统安全因素,近年来,国际恐怖组织、个人,以及境内外“东突”恐怖势力、“藏独”恐怖势力、邪教恐怖势力,尤其是境内外“东突”及“藏独”势力的恐怖主义犯罪已经对我国构成了现实威胁。针对威胁,公安机关应积极推动我国反恐立法,完善反恐工作机制,参与国际反恐合作,重视情报、舆论引导和群众工作,加强安全防范和预案演练,以有效遏制和消除国际恐怖主义犯罪。     

国际恐怖主义的界定及对我国的立法启示

国际恐怖主义活动的猖獗以及国际反恐实践的局限使对国际恐怖主义的界定颇为必要。我国界定国际恐怖主义应以描述加列举的方式给出立法定义、以对国际恐怖主义的否定为价值评判、以非法组织为国际恐怖主义的实施主体、以普通平民为主要恐怖暴力对象、以秘密和极端为暴力的行为方式,以特定的政治,经济,宗教和意识形态为行为目的。     

我国反恐立法走向初探

恐怖主义是当今世界一大顽疾,打击恐怖主义需要以法律为基础。以法律为核心建构反恐战略是我国现今解决恐怖犯罪问题的核心。目前我国反恐法基本草案正处于论证阶段,其定位应当是与恐怖主义犯罪作斗争的特别法规,需要从立法取向、立法模式、立法内容、立法衔接等方面进行相关完善。此外,我国应该在反恐立法中明确规定设立反恐机构,以反恐审议为基础对恐怖主义进行预防、控制。     

试论我国《反恐怖主义法》制定的指导原则

近期,国际恐怖主义活动日益猖獗,恐怖主义已经成为全世界共同面对的公敌。我国处于构建社会主义和谐社会的关键时期,同样面临着恐怖主义的威胁。本文结合我国及国际社会反恐活动情况,对即将出台的《反恐怖主义法》的立法原则做了试探性研究。     

中国反恐法制的现状、问题与对策研究

我国现行反恐法制还存在立法格局不科学、反恐原则缺失、基础概念不明确、刑法反恐重心偏移、反恐程序立法空白、人权保护不力和执法体系不完备等问题,我国应构建"以宪法为依据,以反恐怖法为主导,诸法配合"的反恐立法新格局,确立法治和人权、标本兼治、国际合作与中国特色相结合等反恐基本原则,厘清恐怖主义基础概念,在刑法中增设恐怖行为罪、明确规定特殊的反恐程序、加强反恐中的人权保护并不断完善反恐执法体系,推动反恐领域国际法制与中国法制的良性互动。     

西班牙的反恐立法：基于刑事法视角的考察

随着国际反恐公约的发展和恐怖主义活动的持续发生,西班牙的反恐立法发生了迅速变化.从刑事法视角来看,西班牙的反恐立法包括犯罪和刑罚,刑事程序、刑罚裁量和执行、青少年刑法、被害人待遇等内客.恐怖主义行为具有极其严重的社会危害性,但是,反恐斗争不能侵害公民的基本权利,而应在司法控制之下充分尊重合法性原则和比例原则.     

ISIS网络恐怖主义活动对我国反恐形势的影响及应对措施

ISIS利用网络进行恐怖主义活动,是我国国家安全的潜在威胁。国内恐怖分子利用网络大肆传播暴恐音视频,已成为暴恐活动多发频发的根源性问题,具有严重的社会危害性。面对日益严峻的网络反恐形势,必须加快构建网络反恐机制,防范和打击网络恐怖主义,维护国家安全。文章介绍了网络恐怖主义的类型,分析了ISIS网络恐怖主义活动的特点,指出ISIS网络恐怖主义活动对我国反恐形势的影响,提出了打击网络恐怖主义的应对措施。     

《孙子兵法》与我国反恐策略

在防范和打击针对我国的恐怖主义活动中,《孙子兵法》中的某些思想具有重要的指导和借鉴作用。我国应以“全胜”为目标,灵活运用孙子的谋略思想,制定出符合我国实际情况的反恐策略。在国内,加强和谐社会建设,努力消除恐怖主义活动可利用的不利因素,加强针对性的预防、打击措施和应急处置体系建设,努力将恐怖主义活动消灭在萌芽状态;在国际上,继续扩展和巩固国际反恐合作,尤其是中亚地区各国的国际反恐合作,壮大国际反恐阵营。     

恐怖主义的概念、特征及反恐立法完善

今天,恐怖主义犯罪在世界各地时有发生,其造成的危害之烈,引起各国政府的高度重视,严密法网以严厉打击恐怖主义犯罪成为各国共同的选择。我国政府同样高度关注反恐问题,然而,在我国,目前有关反恐法律制度建设仍然很不完善,相关的学术研究也不够深入。不久前,北京师范大学刑事法律科学研究院和中国法学会刑法学研究会、国际刑法学协会中国分会联合举办了“反恐立法问题学术研讨会”。与会专家学者围绕恐怖主义犯罪的界定、反恐怖犯罪立法如何完善、反恐怖犯罪中的人权保障等问题进行了探讨。本刊征得作者同意刊发几位专家学者的专题发言,同时刊发本刊记者关于此次学术会议的综述文章,以飨读者。     

Bhartṛhari and Maṇḍana on Avidyā

The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana.     

Immigration,intermarriage and the changing face of Europe in the post war period

In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses.     

Unraveling the <Emphasis Type="Italic">Kāvyaprakāśa</Emphasis>: Jayadeva Pīyūṣavarṣa’s idiosyncratic sequence of topics in the <Emphasis Type="Italic">Candrāloka</Emphasis>

In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding of denotation, which is conventionally understood to be the primary and direct path of verbal designation.     

Turning a Madhyamaka Trick: Reply to Huntington

Huntington (2007); argues that recent commentators (Robinson, 1957; Hayes, 1994; Tillemans, 1999; Garfield and Priest, 2002) err in attributing to Nāgārjuna and Candrakīrti a commitment to rationality and to the use of argument, and that these commentators do violence to the Madhyamaka project by using rational reconstruction in their interpretation of Nāgārjuna’s and Candrakīrti’s texts. Huntington argues instead that mādhyamikas reject reasoning, distrust logic and do not offer arguments. He also argues that interpreters ought to recuse themselves from argument in order to be faithful to these texts. I demonstrate that he is wrong in all respects: Nāgārjuna and Candrakīrti deploy arguments, take themselves to do so, and even if they did not, we would be wise to do so in commenting on their texts.     

Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.     

Illumination,Imagination, Creativity: Rājaśekhara,Kuntaka, and Jagannātha on <Emphasis Type="Italic">Pratibhā</Emphasis>

Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry; these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil.     

Preventing Homelessness for System‐Involved Youth

Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.     

The Supreme Array Scripture: A New Interpretation of the Title “Gaṇḍavyūha-sūtra”

This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.”     

The Mūlāvidyā Controversy Among Advaita Vedāntins: was Śaṅkara Himself Responsible?

The concept of avidyā or ignorance is central to the Advaita Vedāntic position of Śȧnkara. The post-Śaṅkara Advaitins wrote sub-commentaries on the original texts of Śaṅkara with the intention of strengthening his views. Over the passage of time the views of these sub-commentators of Śaṅkara came to be regarded as representing the doctrine of Advaita particularly with regard to the concept of avidyā. Swami Satchidanandendra Saraswati, a scholar-monk of Holenarsipur, challenged the accepted tradition through the publication of his work Mūlāvidyānirāsaḥ, particularly with regard to the avidyādoctrine. It was his contention that the post-Śaṅkara commentators brought their own innovations particularly on the nature of avidyā. This was the idea of mūlāvidyā or ‘root ignorance’, a positive entity which is the material cause of the phenomenal world. Saraswati argues that such an idea of mūlāvidyā is not to be found in the bhāṣyas (commentaries) of Śaṅkara and is foisted upon Śaṅkara. This paper attempts to show that although Śaṅkara may not have explicitly favoured such a view of mūlāvidyā, his lack of clarity on the nature of avidyā left enough scope for the post-Śaṅkara commentators to take such a position on avidyā.     

Evaluation of six presumptive tests for blood, their specificity, sensitivity, and effect on high molecular-weight DNA

Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident.