多元价值取向背景下沉默权的探讨

沉默权在产生运用过程中曾引起很大争论,当前许多国家根据实际情况对沉默权做出相应限制。沉默权不是保障人权、拒绝强迫自证其罪和无罪推定的必然要求与合理延伸,更不是杜绝刑讯逼供的最佳武器。     

The Open Architecture of European Human Rights Law

The evolution of the European human rights regime is often described as the development of an integrated order with the European Convention of Human Rights as its governing 'constitutional instrument'. It is argued that the regime is better regarded as pluralist - characterised by a heterarchical relationship between its constituent parts that is ultimately defined politically and not legally. The emergence and workings of this pluralist order are traced through the interaction of the European Court of Human Rights with domestic courts in the European Union. These cases not only show conflicts over questions of ultimate supremacy but also significant convergence and harmony in practice. The analysis of the factors leading to this convergence indicates that central characteristics of pluralism – incrementalism and the openness of ultimate authority – have contributed significantly to the generally smooth evolution of the European human rights regime. This suggests a broader appeal of pluralist models as alternatives to constitutionalism in the construction of postnational authority and law.     

论当代中国亟待倡导的核心价值理念

在社会主义核心价值体系中,核心价值理念具有特殊的作用。当今中国最为重要的是在"求真务实"、"以人为本"、"和谐发展"三个核心价值理念上取得共识,因为它们是马克思主义中国化最新成果的结晶,是当今中国特色社会主义建设中最为基本的理念,分别涉及着认识论、价值论和方法论,并且也对应着真、善、美的追求。与此相应,对于个人道德品行方面来说,最为重要的则是诚实守信、爱国爱民、自尊自强。     

奥运安保与国家安全

奥运安全影响国家安全和国家形象，国家安全状况也直接影响奥运会的安全保障。为此，举办国无不把奥运安全作为国家安全的重大事务来处理。国家安全专门力量的广泛介入，已经成为当代奥运安全保卫的一个显著特点。2008年北京奥运会虽然会面临非常复杂的局面，安全保障方面也还难免出现一些问题，但重大安全事故出现的概率不会太高。北京奥运会将是奥运史上比较安全的一次奥运会。     

Development and validation of a next generation STR ESS-pentaplex

We constructed a simple STR pentaplex of new loci recommended as next generation markers for the European Standard Set (ESS) comprising normal-amplicon STRs: D12S391 and D1S1656, plus mini-amplicon STRs: D2S441, D10S1248 and D22S1045. Validation of the pentaplex included evaluation of its ability to amplify DNA from a variety of degraded forensic casework samples. Although the ESS-pentaplex was designed in the first instance to generate allele frequency data to supplement existing databases of established STRs, the multiplex proved to be a valuable tool for the analysis of challenging DNA when certain markers of Identifiler or MiniFiler occasionally failed.     

A multiplexed system for quantification of human DNA and human male DNA and detection of PCR inhibitors in biological samples

Forensic analysts routinely encounter samples containing DNA mixtures from male and female contributors. To obtain interpretable Short Tandem Repeat (STR) profiles and select the appropriate STR analysis methodology, it is desirable to determine relative quantities of male and female DNA, and detect PCR inhibitors. We describe a multiplex assay for simultaneous quantification of human and human male DNA using the ribonuclease P RNA component H1 (RPPH1) human target and the sex determining region Y (SRY) male-specific target. A synthetic oligonucleotide sequence was co-amplified as an internal PCR control. Standard curves were generated using human male genomic DNA. The SRY and RPPH1 assays demonstrated human specificity with minimal cross-reactivity to DNA from other species. Reproducible DNA concentrations were obtained within a range of 0.023-50 ng/μl. The assay was highly sensitive, detecting as little as 25 pg/μl of human male DNA in the presence of a thousand-fold excess of human female DNA. The ability of the assay to predict PCR inhibition was demonstrated by shifted IPC Ct values in the presence of increasing quantities of hematin and humic acid. We also demonstrate the correlation between the multiplex assay quantification results and the strength of STR profiles generated using the AmpF?STR^®PCR Amplification kits.     

政府与企业人力资源管理比较研究综述

政府和企业作为社会组织的重要组成部分,一直深受研究者的关注。从人力资源管理比较研究的视角来分析二者的异同,厘清相互之间的关系,对于进一步改善各自的运行机制和管理水平,具有重要意义。本文梳理了目前关于政府与企业人力资源管理的主要成果,希望能够厘清政府与企业人力资源管理的区别。     

浅析我国民事行为能力欠缺宣告制度的不足与完善

我国民事法律对精神病人民事行为能力欠缺者设有宣告制度,该制度的实行对精神病人的权益保护存在诸多不利因素,建议借鉴大陆法系和英美法系当代的法律法规,完善国内相关法律规定。     

MEDICALLY ASSISTED HUMAN REPRODUCTIVE TECHNOLOGIES (ART) AND HUMAN RIGHTS — THE EUROPEAN PERSPECTIVE

The present article examines how the progress of science, and in particular, medically assisted human reproductive technologies (ART) have provoked a revolution in the sphere of family relations, generating a series of ethical and legal conflicts. The article focuses on the European perspective, without ignoring the international sphere, given the globalization of the phenomenon. The emerging legal issues are analyzed through the filter of international human rights, not only an important aspect to take into consideration in the context of bioethics in general, but a “passage obligé” given that certain concepts find their explanation and coordinates in international human rights law. It is from this perspective that the relationship between ART and human rights is presented. The applicable international and European legal instruments and principles shall be mentioned, as well as a brief comparison of national legal frameworks in Europe. The emerging bioethical and legal issues are examined in correlation with the response of the European Court of Human Rights through its case law aimed at balancing conflicting rights when faced with issues pertaining to ART. Lastly, the article presents in more detail the particular legal issues under debate in France and Italy, two European countries with specific legislation in the field.     

Justice for victims of human trafficking in Australia? Issues associated with Australia’s criminal justice response to trafficking in persons

Australia has witnessed an increase in human trafficking cases in recent years, most of which have involved women trafficked for sexual exploitation. In response, and within the framework of the United Nations Protocol to Prevent and Suppress Trafficking in Persons, especially Women and Children, Australia has introduced legislation to combat human trafficking and punish traffickers. However, the number of prosecutions of human trafficking offences in Australia has, to date, been low. Drawing on the available literature, this article sets out to explore the reasons for this, which the paper argues have largely centered on Australia’s previously restrictive visa framework for trafficking victims. The paper also explores other obstacles and barriers to successful prosecutions, such as issues associated with discrediting and attacking vulnerable witnesses, and lengthy and complex trials. The paper argues that Australia needs to increase its efforts to meet the obligations set out by the United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking, and to balance its priorities regarding prosecution and victim protection.