高举中国特色社会主义旗帜不动摇

党的十八大报告科学回答了党在改革发展关键阶段举什么旗帜、走什么道路、保持什么样的精神状态、朝着什么目标继续前进等重大理论和实践问题,为我们继续推动党和国家事业发展指明了前进方向,报告的主题,概括地说就是高举中国特色社会主义伟大旗帜不动摇,坚持和发展中国特色社会主义。这一鲜明的主题,是改革开放以来伟大实践的基本结论和基本经验,体现了当代中国共产党人的政治自觉和政治自信,指明了当代中国发展进步的根本方向和根本目标。     

Rethinking ‘Five Eyes’ Security Intelligence Collection Policies and Practice Post Snowden

The Edward Snowden leaks challenge policy makers and the public's understanding and perspectives on the role of security intelligence in liberal democratic states. This article explores the challenges confronting security intelligence collection by the ‘Five Eyes’ countries – particularly those most affected by the leaks. We argue that the debate now needs to move beyond simplistic notions of privacy vs. security to a more detailed understanding of the policy and ethical dilemmas confronting policy makers and intelligence agencies. To that end, we provide a schematic framework (methods, context and target) to promote a better understanding of the practical, policy and ethical problems for security intelligence collection emerging post Snowden. The framework is a first step in identifying common principles that could be used develop an ethically informed set of policy guidelines to help decision makers better navigate between citizen's two basic rights: security and privacy.     

Lost in space? the role of place in the delivery of social welfare law advice over the telephone and face-to-face

ABSTRACT

Advice that is provided exclusively over the telephone has been promoted by government as more convenient and accessible than face-to-face appointments. The resulting push towards telephone-only provision, as implemented by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges the long history of association between social welfare law advice and local delivery within disadvantaged communities. This article reports on qualitative research comparing telephone and face-to-face advice which uncovers the continuing relevance of place in the dynamics and mechanics of social welfare law provision. Familiarity with the geographical location, knowledge of local policies and procedures, relationships with opponents and allies, and an understanding of the ‘local legal culture’ mean that face-to-face advisers are often able to conduct their legal casework more effectively. Conversely, local knowledge is unlikely to be available to Community Legal Advice telephone advisers. This research suggests that, in addition, telephone-only advisers may be developing a more narrow understanding of the essential qualities of casework. These findings are particularly significant in view of the likely future expansion of remote methods of delivery in legal aid work.     

Civilian victimization and international military intervention in civil wars

Civil wars are particularly destructive and asymmetric in nature. As a result, humanitarian crises and episodes of one-sided violence against civilians are likely to emerge. In the post-Cold War era, human rights norms have been strengthened by a global commitment stating that nations have a responsibility to protect people against war crimes. Although the doctrine does not require military responses, as episodes of one-sided violence increase dramatically in the midst of civil conflict, we would expect those cases to experience relatively swift foreign response, including military intervention; a growing trend of at least purportedly humanitarian interventions should be observable. Expectations relating to the responsibility to protect are tested on all civil conflicts occurring between 1989 and 2006. Findings indicate that there is little evidence that one-sided violence leads to military intervention, suggesting that the internationally community does not use its most powerful tool to protect civilians in trouble.     

艾滋病人卖淫嫖娼行为的刑法评价

艾滋病群体属于特殊的弱势群体。卖淫、嫖娼行为则常常为道德所不耻,在中国法律体系中,一般属于行政违法行为。特殊主体与一般违法行为的不当结合,产生了严重危害社会的结果,也使其进入了刑法的视野。但是对这一行为在刑法上应当如何评价,在理论和实务中却存在着各种争论与冲突。总结各种观点,大多认为其可能构成传播性病罪、故意杀人罪、故意伤害罪。当然也有学者提出增设传播艾滋病毒罪的主张。笔者则认为该类行为宜认定为危害公共安全罪。