论我国城市拆迁纠纷的法理价值

伴随着我国城市化进程的加快,城市拆迁纠纷作为一种当前中国社会矛盾的显著标志正在不断演绎着。探究此纠纷的产生原因,我们发现其牵涉的是各个主体间的利益冲突,进而导致主体间价值位序混乱。因此,城市中各利益主体唯有摆正价值位序,方可有效解决此类纠纷,从而实现现代性的跨越。     

Criminal Law, the Victim and Community: The Shades of ‘We’ and the Conceptual Involvement of Community in Contemporary Criminal Law Theory

The article addresses the argument, put forward by Lernestedt, that the proprietor of the ‘criminal-law conflict’ is the community (or the community and the offender) and discusses his proposed theoretical model of criminal law trial. I raise questions regarding the legitimacy of such a model, focusing on four counts. Firstly, I assert that his assumptions about the state the individual and the old/new versions of criminal law theory are society-dependent. Secondly, I address some problems with the concept of community and particularly with the proposed conception of community, which seems to mostly exclude the offender. Thirdly, I question the need for (or added value of) such a proposed conceptual involvement of the community as an actor in the criminal law process and theory. Lastly, some potential problems with the idea of the victim as a mere “representative of us” are mentioned, including the possibly undesirable demands and limitations on the victim’s agency and issues of respect for the victim’s individuality.     

How many truths are there? Reconciliation and agonistic dialogue in the former Yugoslavia

ABSTRACT

In this paper, we offer a possible interpretation of reconciliation in the former Yugoslav area. In a conflicting past and not-reconciled region, it is presumed that the truth should be the main pillar of reconciliation. However, according to our empirical analysis of 146 reconciliation projects implemented in the period between 2002 and 2015, there are many interpretations of truths in the region which are opposed to each other. These interpretations are the result of different national political constructions, supported by the dominant structures of the societies in question. Accordingly, instead of insisting on a single factual truth, we propose the introduction of the ‘agonistic dialogue’ principle, where multiple truths would coexist, thus turning former war enemies into political adversaries in the post-conflict setting.     

A small state’s anticipation of institutional change: effects of the looming Brexit in the areas of the CSDP and internal market

ABSTRACT

Brexit will profoundly change politics in the European Union, and all countries will have to adjust to the new situation. But the issue is more pressing for small member states that are more dependent on international organisations than big states. This article studies how the institutional setting affects a small state’s preparations for Brexit in the areas of the common security and defence policy and internal market. Contrary to the expectations, it shows that the Czech Republic, the small state under scrutiny, has invested more effort into a preventive adjustment in the internal market policy than to the CSDP. This result is explained by the existence of alternative institutional frameworks that are expected to mitigate the impact of Brexit on EU’s security and defence policy. It also suggests that while small states profit from the existence of strong institutions, they also face the risk of unmitigated impact when these institutions change.     

Identification and analysis of human remains recovered from wells from the 1991 War in Croatia

From 1996 to the present, the remains of 61 individuals killed during the 1991 War in Croatia were recovered from both dried out and functioning wells. Positive identification was established in 60.7% or 37/61 cases. Remains recovered from the same geographical region but from non-well settings were identified in 77.4% or 1256/1623 cases. The purpose of this paper is to report on the taphonomic, demographic and trauma characteristics of remains recovered from wells and identify factors responsible for the discrepancy in the identification ratios. The age and sex distributions in the well and non-well series were similar, as were the frequencies of recovered personal documents, jewelry and other artifacts. The taphonomic features of the remains were, however, significantly different. Preservation of remains was considerably better in non-well settings (1400/1623 or 86.3% compared to 40/61 or 65.5% in wells). Congruently, commingling of remains was more frequent in wells (26/61 or 42.6% compared to 77/1623 or 4.7% in non-well settings). In bodies recovered from non-well settings the preservation, state and commingling of the remains were strongly correlated with positive identification. None of these features were correlated with the identification of bodies from wells. Instead, identification of remains from wells was significantly affected by the presence or absence of water in the well. As both series have similar frequencies, and identical rankings of identification factors, the reason for the discrepancy in the identification ratios lies in the fact that by themselves, these factors were rarely sufficient for positive identification. In both series the majority of identifications (51.4% in the well, and 58.1% in the non-well series) were established through a combination of biological and non-biological features. The significantly lower identification ratio in the well series resulted from the difficult recovery conditions in wells with significant amounts of water, and the negative effect that water had on the preservation of clothing, personal artifacts and some dental features. Significant differences were also noted in the types and locations of perimortem traumas. There is a significantly higher frequency of entrance gunshot wounds to the back of the head, suggestive of execution style murders, in the well series.     

SCM协议与我国的战略取向探析

在全球化趋势下,各国的经济发展需要相互合作、相互促进。为了保证公平贸易,WTO组织应运而生。本文主要分析了SCM协议的补贴与反补贴制度,以及SCM协议下的欧盟反补贴法,并从建立健全反补贴法律体系、加强管理和增加产业自身实力三方面探析了我国的战略取向。     

关注转型过程中的"新失业群体"

自进入20世纪90年代以来,青年失业问题日益严峻,根据联合国发布的<2003年度世界青年报告>数据显示,青年失业者已经占据了全球失业人口总数的41%,某些发展中国家的青年失业率甚至高达56%,青年失业问题已经成为困扰世界各国的社会问题.与此同时,我国的失业问题也面临着一个拐点——以失业下岗为主体的"老失业群体"达到峰值,"新失业群体"开始凸现.     

中国梦语境下的民生幸福探究

民生意指人民群众的生存、生计与生活。马克思的幸福思想成为中国梦的理论基础,中国梦成为马克思主义民生幸福理论中国化的重要内容。民生幸福则表达着中国梦至善的追求境界,成为中国梦的旨归,中国梦与民生幸福具有内在的统一性。追求民生幸福、实现中国梦的科学路径在于加强社会主义政治文明建设、经济建设、社会和谐建设、精神文化建设、生态文明建设,五位一体,实现中华民族的伟大复兴。