论日本刑法中的包括一罪——兼谈对我国刑法的启示

日本刑法中的包括一罪,通常 是指对本已符合数个构成要件的数个 行为,包括评价为一次性符合构成要 件的情形。由日本刑法构成要件的形 式化特点所决定,为了将实质上指向 一个法益,反映一个反规范人格态度 的数个行为在一罪内进行评价,需要 寻求构成要件以外的保护法益标准来 补充。我国犯罪构成的实质性特点决 定了,在对类似情况进行评价时无需 在构成要件以外寻求补充标准。为了 赋予相关罪数形态以适当的体系性位 置,引入包括一罪概念应为理想的选 择。     

关于“包容性增长”的内涵辨析及实现要点研究

中国政府努力践行着以包容性增长促进和谐社会建设的政策引导机制。在社会主义实践活动中实现"包容性增长",应以平等参与,合理共享为实现"包容性增长"的主旨;以内需型经济增长为实现"包容性增长"的驱动力;以产业结构调整为实现"包容性增长"的主攻方向;以区域协调统筹发展为实现"包容性增长"的砝码;以保障与改善民生为实现"包容性增长"的落脚点;以资源环境可持续为实现"包容性增长"的着力点;以科技文化创新为实现"包容性增长"的重要支撑;以互利、共赢、开放为实现"包容性增长"的强大动力;以"四位一体"为实现"包容性增长"的全效保障。     

Exclusion Despite Nominal Inclusion: A Critical Analysis of Participatory Development Programmes in Post-War Colombia

Citizen participation takes centre stage in Colombia's 2016 peace agreement. Its practical implementation, however, has proven difficult. This case study examines targets and tactics of exclusion in participatory development programmes established under the peace accords. Drawing on qualitative data generated between 2021 and 2022 in the Sierra Nevada de Santa Marta, this article argues that exclusion affects societal (sub-)groups, organisations and communities as a whole and involves a large array of implicit-elusive, direct-explicit and coercive mechanisms. This matters for implementing inclusive peacebuilding more generally.     

Citizenship and inclusion: rethinking the analytical category of noncitizenship

The paper problematises the category of noncitizenship. It traces its trajectory in accounts of inclusive citizenship and argues that it is difficult to theorise it as a distinct theoretical category outside of citizenship. To support this argument, the paper distinguishes between a pluralist, political and democratic variant of accounts of inclusive citizenship and it shows how they all end up reducing noncitizenship to a journey to citizenship. To overcome this limit, the paper develops the idea of subversive politicisation and suggests that injustices and inequalities can be challenged without falling back on the vocabulary of citizenship.     

Aid to the enemy: linking development and peacebuilding on the Korean peninsula

This article discusses the link between development and peacebuilding to analyze South Korean aid activities in North Korea in the context of the Korean conflict, where there are deep-rooted cycles of conflict episodes, and to explore the possibility of aid for peace on the Korean peninsula in the future. The Korean conflict is a large part of what makes South Korean aid to North Korea ineffective. For the past 20 years, South Korean aid to North Korea has fluctuated greatly, due to the context of the Korean conflict. The Korean conflict, once seemingly on the way to resolution, appears to have reverted to a time before the end of the Cold War. Many people in both the North and the South still see each other as the enemy. Most of the South Korean aid projects in North Korea have been suspended indefinitely and the fluctuation of aid to North Korea caused serious debates within South Korean society. At one point, the debates grew so heated that they were called the ‘South–South conflict’. Building on the conceptual framework of conflict sensitive development and strategic peacebuilding, this article argues that, to overcome the current impasse, all stakeholders must better understand the context of the Korean conflict and the interaction between the context and themselves, and develop a comprehensive strategy together, to encompass the multiple issues raised by the Korean conflict, as strategic peacebuilding proposes.     

Civil Society Capture: Top-Down Interventions from Below?

Driven by the failure of internationally led top-down peacebuilding interventions, international donors have increasingly posited that civil society actors can play a crucial role in peacebuilding and conflict resolution. This has led to a notable increase in the support for civil society in order to integrate local perspectives into peacebuilding and statebuilding interventions over the past decades. Using the case of Cyprus, this paper challenges this premise and argues that this support continues to create homogenized discourses that are not representative of the diversity of local notions of peace. Rather, most types of international support cause civil society actors to adapt their agendas to external priorities, and exclude alternative, less professionalized and critical voices. Local peace actors who resist liberal governmentality have access neither to the monetary support needed to sustain their peace work, nor to international protection for their cause. At the same time, those actors working in line with the international endeavour remove themselves from the ‘everyday’ of local realities so that peace interventions yet again fall into the old trap of top-down interventions.     

Mapping the Nexus of Transitional Justice and Peacebuilding

ABSTRACT

This article explores the convergences and divergence between transitional justice and peacebuilding, by considering some of the recent developments in scholarship and practice. It examines the notion of ‘peace’ in transitional justice and the idea of ‘justice’ in peacebuilding. It highlights that transitional justice and peacebuilding often engage with similar or related ideas, though the scholarship in each field has developed largely in parallel to each other, and often without any significant engagement between the fields of inquiry. The article also notes that both fields share other commonalities, insofar as they often neglect questions of capital (political, social, economic) and at times, gender. It is suggested that trying to locate the nexus in the first place draws attention to where peace and justice have actually got to be produced in order for there not to be conflict and violence. This in turn demonstrates that locally, ‘peace’ and ‘justice’ do not always look like the ‘peace’ and ‘justice’ drawn up by international donors and peacebuilders; and, despite the ‘turn to the local’ in international relations, it is surprising just how many local and everyday dynamics are (dis)missed as sources of peace and justice, or potential avenues of addressing the past.