刑事司法活动中的人权保护——遏制刑讯逼供对策浅议

刑事司法中的人权保护是宪政权利保护制度的重要组成部分,而司法实践中存在的刑讯逼供已经成为严重侵犯犯罪嫌疑人、被告人人权的顽疾。我们应针对刑讯逼供现象产生的原因,分析探讨遏制刑讯逼供的有效对策。     

Small City Autonomy in the Federal System: A Study of Local Constraint and Opportunity in California

How severe have been the restrictions on the autonomy of localgovernments, as state and federal mandates and grant programsproliferated in the 1970s? This study of mandate and grant impactsin nine, small California cities suggests that local controlhas not been reduced as much as the recent literature of federalismargues. Municipal officials in these communities perceived arange of effects according to program areas. Clean water standardswere negatively viewed, while state planning mandates actuallyserved to further local goals. Most of the cities did not hesitateto compete for grants, despite their many strings. Based onthe "hard case" of small cities—which are relative newcomersto grant and mandate programs, and generally change-resistantin attitude—this study points out some positive localgovernment impacts of federal-and state-local entanglements. ¹ As associate investigator of the project on which this paperis based, Joan Hogan of the Institute of Governmental Affairs,University of California at Davis, contributed significantlyto the research.     

Genetic markers in human bone: I. Deoxyribonucleic acid (DNA) analysis.

Deoxyribonucleic acid (DNA) was isolated from a number of spongy and compact human bone tissue specimens, and the yield was estimated on a "per milligram of starting tissue" basis. DNA was, in addition, isolated from a number of corresponding blood and bone tissue specimens. Spectrophotofluorometry and ethidium bromide visualization on minigels were used to estimate the quantity and degree of degradation of DNA. The DNA from several blood-bone pairs is shown to give concordant restriction fragment length polymorphism (RFLP) typing results by two different typing protocols with five different single-locus probes. DNA from several additional blood-bone pairs is shown to give concordant results for human leucocyte antigen (HLA)-DQ alpha phenotypes following polymerase chain reaction (PCR) amplification and hybridization to specific allele-specific oligonucleotide (ASO) probes, and for the variable numbers of tandem repeats (VNTR) length polymorphisms 3' to the human apolipoprotein B (APOB) gene following PCR amplification with specific primers and analysis of the products by electrophoresis and ethidium bromide visualization.     

谈电子商务中消费者隐私权的法律保护

电子商务以互联网为交易平台,而互联网对现行的隐私保护制度的根本影响则主要体现于它使个人隐私的经济价值得到极大的提升,从而使得现代社会对包括个人隐私在内的信息的需求与个人需要保护隐私之间的矛盾更加突出,以至于对现行消费者隐私权益的法律保护带来严重冲击。文章在对电子商务背景下消费者隐私权益保护中出现的问题进行深入分析的基础上,适当借鉴国外立法经验,以期对将来相关立法有所裨益。     

A Priori Voting Power: What Is It All About?

We explain the meaning of a priori voting power and outline how it is measured. We distinguish two intuitive notions as to what voting power means, leading to two approaches to measuring it. One conception, I-power, focuses on a voter's potential influence over the outcome of decisions by a voting body. The second conception, P-power, focuses on voters' payoff, their expected share of a fixed winning 'prize'. We discuss and rebut some philosophical and pragmatic objections, according to which a priori (as distinct from actual) voting power is worthless or inapplicable.     

Social Choice and the Grammar of Rights and Freedoms

The techniques of social choice and game theory are increasingly being used to analyse concepts in political theory. Although these techniques may prove invaluable for teasing out contradictory formulations, puzzles and problems with traditional concepts, formal writers often begin their analysis with simplistic intuitive accounts rather than building on earlier traditions in analytic political theory. This is no more obvious than with the social-choice and game-theory analysis of rights and freedoms. This paper reviews these approaches and demonstrates that by ignoring the grammar of rights and freedoms, social-choice and game-theory analysis goes wrong from the very beginning. Formal writers need to take more account of the history of their subject, as developed in the analytic theory tradition.     

World Risk Society and War Against Terror

I interpret the 'war against terror', declared following September 11 2001, as adopting concepts drawn from the work of Ulrich Beck, as a projection of world risk society. Despite its global character, war against terror is constructed through outmoded vocabularies of national security and sovereignty, within which the reasoned negotiation of risk is marginalized. This exclusion contributes to the intensification rather than reduction of terror and terrorism. In so doing the moment of violence inscribed within the concept of the political resurfaces in the constitution of war against terror, Homeland Security, and the identities and anxieties that they reproduce. Contrary to Slavoj Žižek's claim that risk society is incapable of resolving the dilemmas that it exposes, Beck's approach cuts across established ideological and methodological boundaries, anticipating key transformations of discourse required to address the prevailing global predicament through the vocabularies and logic of cosmopolitan risk, rather than those of absolute security, terror and war.