军事法学价值取向引论

确立军事法学独特的价值取向,是军事法学实现学科独立、理论创新和加强军事法制建设的必然要求.我国军事法学尚未形成主导性的价值理念,导致其理论和实践面临诸多难以解决的问题.21世纪的中国军事法学,必须充分认识价值取向的重要性,尊重学术研究的一般规律,立足于军事法制建设的实践,承认军事秩序与现代法治间价值冲突的存在并努力寻求二者的最佳平衡.     

Strengthening Canadian Law Enforcement and Academic Partnerships in the Area of Online Child Sexual Exploitation: The Identification of Shared Research Directions

This article outlines the law enforcement response to online child sexual exploitation and identifies two key areas of research that would benefit from an academic focus—the link between online and offline child sexual exploitation offending, and the psychological health and wellness of online child sexual exploitation investigation employees. While there are several areas in need of research, these two areas demonstrate a unique opportunity for collaborative work. Also highlighted is a joint international research partnership among law enforcement, practitioners and academia that demonstrates the benefits of linking academic research interests with the practical needs of law enforcement. Last, are several suggestions for operationally relevant collaborative research in this area. Such opportunities bring together various areas of expertise, which will advance our understanding of the needs of victims, and improve victim support services.     

探寻市场规制法中比较广告行为的立法基础

现今世界上大多数国家都肯定了比较广告行为,并且在法律层面上加以保护.我国法律没有关于比较广告的规定,因此造成了我国司法实践中在认定比较广告时出现了十分混乱的状态,其结果是大部分比较广告行为被认定为不正当竞争行为.在我国加入WTO之后,外国商品大量涌入,有必要顺应时代的发展需要,将比较广告在法律层面上合理界定.从市场规制法的视角论证了比较广告行为,为比较广告立法作了理论上的分析,试图在经济法之市场规制的背景下为其探寻立法基础.     

A Study of the Background Levels of Male DNA on Underpants Worn by Females

This study is the first to examine the background level of male DNA on underpants worn by females in the absence of sexual contact. Here, we examined 103 samples from the inside front of underpants from 85 female volunteers. Samples were examined for the presence of male DNA using NGM SElect and PowerPlex Y23 kits. Only five samples gave a “complete” Y-STR profile, even though 83.5% of our volunteers cohabited with a male. In all cases where a partner reference sample was available, the Y-STR profile matched the cohabiting partner. We have demonstrated that a Y-STR profile is not expected on the inside front of underpants worn by females after social contact alone. The results of this study are informative for evaluating the significance of a Y-STR profile on underpants in cases of alleged sexual assault.     

Postmortem Changes of Female External Genitalia and Their Importance in Suspected Sexual Abuse

Examination of the female external genitalia to assess for sexual abuse is performed in living individuals, and the interpretation of the findings is based on evidence-based studies. However, in the deceased, no such studies are available, and postmortem changes could present as suspicious findings that can be mistaken for trauma. Patches of discoloration in the hymen were reported previously in one case as hypostasis (i.e., livor and lividity), and based on this finding, it was listed as a finding that is not associated with trauma. This was a retrospective study that was conducted in the Center of Forensic and Legal Medicine in Dammam, Saudi Arabia over a 4-year period. The study included 30 deceased women in whom photographic documentation of their external genitalia was assessed for postmortem changes. The postmortem interval ranged from less than 24 h to more than 100 days, and the ages of these deceased women were in the 20–40 year-old age group. In cases where the hymen, vagina, and/or fossa navicularis were clearly visible, none of these areas showed any hypostatic discoloration. A comparison between antemortem and postmortem appearance of the hymen in one case clearly showed the absence of hypostatic changes in the hymen. In conclusion, any discoloration of the external genitalia that is detected in a female decedent requires serious consideration.     

庭前会议的功能定位与实践反思--以B市40个刑事案件为样本

按照刑事诉讼法和相关规范性文件的设定,刑事庭前会议主要解决程序性争议,基本功能是归纳控辩争议焦点,确定法庭调查范围;拓展功能衍生为推动案件繁简分流,规范撤回起诉程序,协商确定审判方式。通过对B市40个刑事案件的实证分析发现,庭前会议解决程序性争议的功能有限,庭前会议与庭审程序的关系不明,"大庭前会议、小庭审程序"现象值得警惕,制度设计与实践操作存在一定的紧张关系。未来要谨防庭前会议替代、削弱正式庭审,避免辩护权弱化、庭审虚化等不良倾向,回归庭前会议功能,推动庭审实质化。     

Exploring the Effects of North–South and South–South Research Collaboration in Emerging Economies,the Colombian Case

International research collaboration (IRC) is associated with both positive and negative effects on the performance of research in emerging economies. While some authors claim that North–South collaborations improve scientific quality and visibility for Southern countries, others claim that it may entail the reorientation of research to comply with Northern agendas. South–South collaborations are thought to increase the focus on local affairs, therefore leading to a relatively small number of scientific international publications appearing in “high quality” journals. Research on the impact of IRC beyond publications in international journals has been neglected despite the importance of other products in knowledge creation. This research uses a broad range of scientific outputs to empirically assess such assumptions and explore the outcomes of IRC in Colombia. Results from multivariate regressions and nonparametric analyses show that, contrary to common assumptions, Colombian research teams collaborating with partners from the global South report higher scientific production, while those collaborating with Northern countries seem to contribute to local knowledge the most.     

性犯罪药物防治入刑的正当性及本土形塑

近年来,我国性犯罪出现的一些新情况令人堪忧,需要探索新的治理政策。有的国家采取性犯罪药物防治作为性犯罪的治理手段,值得借鉴。性犯罪药物防治是利用口服或者注射药物方式减少罪犯的雄激素、降低其性欲,达到控制性犯罪目的。有人认为这是残虐、不人道的,侵犯身体健康与性权利。而性犯罪药物防治相比起物理阉割更具人道主义精神,有利于保障基本人权,其尊重受者自由意志,具备一定的社会容忍度,执行方式高效经济。但此种手段需要加以本土化改造,需要规范法律术语,明确刑法性质与适用对象,细化执行程序。     

‘Feel what I feel’: making da(r)ta with teen girls for creative activisms on how sexual violence matters

Abstract

Inspired by feminist new materialist and posthuman activist philosophy, this paper speculates on what happens when data entangles with arts-based methodologies in a school-based participatory activist project with six teen girls (age 15) on gender-based and sexual violence. Mapping the journey of how data become da(r)ta and how da(r)ta become d/artaphacts, the paper follows how the Runway of Disrespect, the Shame Chain, the Ruler-Skirt and the Tagged Heart ripple through peer cultures, school assemblies and national policy landscapes. Each journey provides a small glimpse into how bodies, space, objects, affects and discourse ‘intra-act’ in dynamic assemblages to produce d/artaphacts crafted from and carrying experience. The paper concludes to consider the ethical-political affordances of how participatory arts-based methodologies and the im/personal vitality of objects might support young people to safely and creatively communicate and potentially transform oppressive sexual cultures and practices.     

“Excuse Me,But Are You Raping Me Now?” Discourse and Experience in (the Grey Areas of) Sexual Violence

In feminist research on sexual violence and victimization, the relationship between discourse and experience has often been at the forefront of intense debates. Poststructuralist scholars have emphasized that the discourses used to name sexual violence may in fact perpetuate the very problem they set out to describe, by freezing women into powerless positions of rapability. Others have likened this sort of argument to anti-feminist trivialization of the pervasively gendered experiential reality to which such discourses refer, highlighting that women’s victimization is not a discursive problem. In this article, I seek to carve out a path that cuts through such polarization by exploring the multifaceted dialectical relationship between, on one hand, gendered discourses on sex and sexual violence and, on the other, people’s reported experiences of these phenomena and, in particular, of the “grey area” between sex and sexual violence. I do this by analysing autobiographical stories from the influential Swedish campaign #prataomdet (#talkaboutit), which emphasized the need for a new language that can do justice to people’s experiences of sexual violence and the grey area between sex and sexual violence.