我国当前用工荒的成因探析

由美国金融危机深化和世界经济形势调整所带来的外部环境恶化,对我国产业结构的调整和升级提出了紧迫的要求,而且近几年我国持续的用工荒也逼迫着企业进行产业结构的调整与升级。本文认为,我国目前的用工荒其实质是技工荒,而企业在职培训投入不足则是用工荒的一个重要原因,并用信息经济学的相关理论构建数学模型,从理论上解释了企业对在职培训投入不足的原因。     

Religion in the Workplace: Eweida and Others v United Kingdom

The European Court of Human Rights judgment in Eweida and Others v United Kingdom dealt with the increasingly controversial questions of religious symbols at work and the clash between free conscience and anti‐discrimination norms. In a change of approach, it held that the right to resign could no longer be seen as adequate protection for religious freedom and that workplace norms that restrict religious liberty must satisfy a proportionality test. However, it accorded a wide margin of appreciation to States in reconciling freedom of conscience and freedom from discrimination, ruling that the importance of non‐discrimination could justify a failure to exempt a religious individual from complying with a policy forbidding discrimination on grounds of sexual orientation.     

联盟形成理论:评估及对中国的政策启示

本文对联盟形成理论进行了全面回顾与评析,认为在过去几十年中,联盟形成理论主要有两大发展,一是在研究"为什么形成联盟"这个问题上,存在从势力均衡理论到威胁均衡理论再到利益均衡理论的理论演进;二是上述三个理论各自内部的理论深化。按照拉卡托斯的理论演进判断标准以及"奥卡姆剃刀"(Occam’srazor)原则,文章对有关理论演进进行了评估,认为从势力均衡理论到威胁均衡理论的发展相对成功。然后,本文提出如何从联盟形成理论及其演进历程中寻求启发,以建构一个简约的联盟解体理论。最后,讨论了联盟形成理论对中国当前对外政策的启示。     

Rethinking responses to 'domestic violence' in Australian indigenous communities

The United Nations' response to violence against women was to adopt the Declaration on the Elimination of Violence against Women in December, 1993 that recognized indigenous women to be especially vulnerable to violence. Australia's initiatives during the 1990s included criminal justice reform, crisis service provision and community-based mediation programmes that have not proved altogether helpful for indigenous women. Given the intractable nature of violence against indigenous women, this paper holds that community-based programmes cannot work in isolation from criminal justice intervention. An approach to male-to-female violence, that views the criminal justice system not only as a means of punishment, but also as an institution for expressing human rights norms is advocated.     

Culture and Symbols as Tools of Resistance

In 1918, when Estonia was proclaimed an independent republic, nearly one-sixth of all Estonians were living beyond its eastern border. The possibility of returning to Estonia was offered to these tens of thousands of people with the conclusion of the Peace Treaty of Tartu between Estonia and Soviet Russia in February 1920. The Republic of Estonia, which had just emerged from a war and was only beginning to rebuild its public sector, had to arrange this vast re-emigration. This article illustrates the problems that arose for Estonian state authorities in connection with offering citizenship to Estonians living in Soviet Russia and arranging their re-emigration in 1920–1923.     

略论文化建设和发展繁荣文化——为文化大发展、大繁荣建言

文化发展、繁荣非短期工程,"文化"要点在于"化"字,即化入人心、文化化人和文化社会、规范社会。求真、务实、为人民是文化发展、繁荣之根,关注细节,多做能发展、繁荣文化之实在的事是文化发展的追求与任务。发展、繁荣文化重心与落脚点在广大人民,群众是文化的主角。文化建设、繁荣应着力丰富人,提高人的素质、推进人与社会的健康发展。助益于建构讲理性、讲秩序、讲效益与讲权利、讲义务的社会,是文化建设与发展的现实任务。     

Optimization and validation of a fast amplification protocol for AmpFlSTR Profiler Plus for rapid forensic human identification

The goal of this work was to optimize and validate a fast amplification protocol for the multiplex amplification of the STR loci included in AmpFlSTR^® Profiler Plus^® to expedite human DNA identification. By modifying the cycling conditions and by combining the use of a DNA polymerase optimized for high speed PCR (SpeedSTAR™ HS) and a more efficient thermal cycler instrument (Bio-RAD C1000™), we were able to reduce the amplification process from 4 h to 26 min. No modification to the commercial AmpFlSTR^® Profiler Plus^® primer mix was required. When compared to the current Royal Canadian Mounted Police (RCMP) amplification protocol, no differences with regards to specificity, sensitivity, heterozygote peak height ratios and overall profile balance were noted. Moreover, complete concordance was obtained with profiles previously generated with the standard amplification protocol and minor alleles in mixture samples were reliably typed. An increase in n − 4 stutter ratios (2.2% on average for all loci) was observed for profiles amplified with the fast protocol compared to the current procedure. Our results document the robustness of this rapid amplification protocol for STR profiling using the AmpFlSTR^® Profiler Plus^® primer set and demonstrate that comparable data can be obtained in substantially less time. This new approach could provide an alternative option to current multiplex STR typing amplification protocols in order to increase throughput or expedite time-sensitive cases.     

试论公民良好环境权的公法确认

公民的良好环境权已逐渐被国际公认为第三代人权,是指公民享有在维持其个体尊严和基本生活品质所必需的安全、健康、舒适和富有美感的公共环境中生活的权利。在公法上确认公民的良好环境权既是必要的,也是可能的,具体方式应是先在宪法中确认公民享有良好环境权,而后在环保基本法和各单行法律法规中规定重要的实体权利和程序权利,并通过行政诉讼、行政补偿等制度对受到损害的良好环境权予以有效的公法救济。     

Church–state conflict in Moldova: the Bessarabian Metropolitanate

The article’s main focus is the relationship between the re-established Bessarabian Orthodox Metropolitanate and the government of the post-Soviet Republic of Moldova. The article demonstrates that the Moldovan government refused recognition to the nascent church until 2002 primarily for two reasons: first and foremost, the Moscow Patriarchate opposed the idea of another Orthodox Christian church in Moldova outside of its jurisdiction; second, the government feared that the newly independent Republic of Moldova would fall under the influence of neighboring Romania, whose Orthodox Church offered patronage to the Bessarabian Metropolitanate. After a historical overview of the Orthodox Church in the Republic of Moldova, the article first presents and analyzes the history of the conflict between the Bessarabian Metropolitanate and the post-Soviet Moldovan government, and second, the European Court of Human Rights verdict ordering the government to recognize the Metropolitanate, before verdict’s implementation, and reactions to it. All these are done with an eye on intra-national relations among Moldova, Romania, and Russia, as well as those between the Romanian Orthodox Church and the Russian Orthodox Church in connection with this conflict.     

联合国人权理事会法律制度探析

2006年3月15日,第60届联合国大会通过决议,设立联合国人权理事会,取代已运行60年的联合国人权委员会。作为联大权力之下的指导和协调联合国人权活动的机关,新的人权理事会在其职权范围、法律机制和执行能力等方面都体现了对其前身——人权委员会的扬弃。特别是“普遍定期审查”机制的创建和建议权的行使等,可以使人权理事会更好地发挥作用。我国应继续参与联合国人权理事会各项规则的制定,与发展中国家和发达国家一道,推动世界人权事业的发展。