治安管理视角下的社会管理创新中的公民参与问题研究

公安机关在推进社会管理创新的过程中,应当转变社会治理模式、加强行政相对人对社会管理的参与。在治安管理领域,公民参与的制度匮乏、程序缺失、积极性不高等原因导致公民参与整体水平较低,影响了治安管理的效果。通过邀请公民参与规范性文件的制定、建立案件公开制度等一系列方式,全力保障行政相对人对治安管理的参与和知晓,从而促进其对公安机关的理解和支持,达到维护社会秩序稳定的目的。     

Data protection in cloud computing – The Swedish perspective

This article describes and analyses three recent decisions by the Swedish Data Inspection Board (Datainspektionen) directly focused on cloud computing. All three decisions were published on 28 September 2011 as part of a supervisory project seeking to clarify what demands the Data Protection Act places on organisations utilising cloud computing. As such, and due to the fact that similar concerns arise in the three matters, there is considerable overlap between the three decisions. Indeed, large parts of text are identical in the three decisions. To avoid repetition, I discuss the first decision in most detail, and limit the discussion of overlapping issues in the context of the other two decisions.     

Climate resilience in fragile and conflict-affected societies: concepts and approaches

To understand resilience to climate and environmental changes in fragile and conflict-affected societies is particularly important but equally challenging. In this paper, we first develop a conceptual framework to explore the climate-fragility-conflict and climate-resilience-peace nexus. Second, we discuss approaches to promote pathways from climatic changes to peace. We draw on the relevant literature and International Alert's experience in fragile and conflict-affected societies to stress the key role of resilience. To build resilience, climate, development, peacebuilding, and government actors would have to overcome bureaucratic and institutional barriers and cooperate across thematic and regional silos.     

A New Paradigm of Customary International Criminal Law: The UN War Crimes Commission of 1943–1948 and its Associated Courts and Tribunals

This article focuses on the United Nations War Crimes Commission’s significant contribution to the development of customary international criminal law defined by the development of international legal standards and proceedings to combat impunity and promote justice. It draws on the Commission’s official history and its increasingly open archives in order to provide an overview of the UNWCC and its work, its members and its legacy for the contemporary era of international criminal law. The article firstly places the Commission in its historical context through the events and agreements that led to its creation and provided the legal character of the UNWCC. The defining characteristics of the Commission are afterwards described: the nations involved, the committee structure it formed and the sub-commission located in the Far East. Lastly, the accomplishments of the Commission are emphasised and criticisms of its work are presented. The article concludes with a discussion on the legacy of the Commission’s work and a possible future research agenda.     

Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

The role of discourses in governing forests to combat climate change

Reducing emissions from forest degradation and deforestation, conserving and enhancing forest carbon stocks, and sustainably managing forests (REDD+) has emerged as one of the most anticipated climate change mitigation tools. This paper aims to understand and identify the underlying discourses that have dominated the emergence of REDD+, by identifying the key story lines in the policy and academic debates on REDD+. As such, this paper takes a step away from the “fine-tuning” of policy recommendations and instead studies REDD+ from a more theoretical approach with the intent to provide a critical analysis of the ideational structures that shape the policies that have emerged around REDD+. The analysis shows that ecological modernization and its accompanying story lines constitute a dominant notion of REDD+ as being able to manage the complexities of forest in a synergetic way, combining cost-efficient and effective mitigation with sustainable development. The paper also identifies the critical counter discourse of civic environmentalism, which criticizes this notion of REDD+ and instead promotes issues such as equity, the importance of local knowledge, and the participatory process. It argues that reducing deforestation involves trade-offs between economic, ecological, and social dimensions, also arguing that REDD+ fits overwhelmingly with the interest of the global North.     

Between a rock and a hard place – An international law perspective of the difficult position of globally active Internet intermediaries

With its ability to create a global legal risk exposure, combined with contradicting rights and duties, and limited enforcement possibilities, the Internet has created a unique environment where persons and corporations legitimately can question whether they should comply with all the laws that apply to them. Focussing on the role of globally active Internet intermediaries, this article attempts to tackle this issue by discussing the potential for, and potential features of, an international law doctrine of selective legal compliance.     

消费民事公益诉讼的责任承担方式

【裁判要旨】涉个人信息保护领域的消费民事公益诉讼中,除依司法解释审查合法权益受到侵害的消费者是否为众多不特定之外,还应着重审查侵权行为是否影响信息数据的正向价值实现,是否破坏积极、安全、稳定、有序的市场秩序,从而判断社会公共利益是否受损。侵权人以行为填补公共利益损害的责任承担方式不违反法律规定。     

韩国金钱债权执行制度概述

在韩国,对金钱债权1的执行主要分为两个阶段,即对债权的押留阶段和现金化阶段。在金钱债权的押留阶段,韩国主要利用押留命令限制第三债务人对债务人清偿,同时禁止债务人对该债权的处分和领受。在金钱债权的现金化阶段,韩国主要利用推寻命令和转付命令对被押留债权进行现金化,将被押留债权转化为金钱,用所得价款清偿执行债务人的债务。我们需要利用比较研究的方法,研究和借鉴韩国关于金钱债权执行制度的法律规定和相关实务经验,不断完善我国关于债权执行制度的相关规定。