法益的体系性位置与功能

法益的体系性位置可以从法益与实定法的关系、讨论法益问题的领域两个角度来分析。在不同领域内讨论的法益,有不同的概念选择,发挥不同的功能。犯罪立法概念中的法益只能是宪法性法益,其功能在于为刑事立法者提供适当的刑事政策标准。犯罪司法概念中的法益,在入罪判断时只能是后刑法法益,可以指导解释刑法规定的行为构成;在出罪判断时只能是宪法性法益,通过法益价值的衡量,对符合行为构成的行为进行正当化处理。     

论犯罪学意义上犯罪的刑事违法性

本文主要通过比较犯罪学和刑法学在看待犯罪的基本属性上的差别 ,推导出犯罪学特有的犯罪基本属性 ,即违反否定性的社会规范性。     

The paradoxes of the ‘everyday’: scrutinising the local turn in peace building

With the advent of the local turn in the mid-2000s, critical approaches have attempted to rethink peace building from the bottom up, placing local agents at the centre of the debate, declaring the end of top-down governance and affirming the fragmented, complex and plural nature of the social milieu. While local turn approaches have become popular in peace-building theory, this article invites the reader to question and problematise the local turn’s use of the concept of ‘everyday’, in order to explore paradoxes and contradictions that indicate the need to think more deeply about the impact of the local turn’s project of critique.     

Assembling security in a ‘weak state:’ the contentious politics of plural governance in Lebanon since 2005

Lebanon is most often depicted as a ‘weak state’ lacking territorial sovereignty and thus fostering the proliferation of violent non-state actors that generate political instability and regional insecurity. In contrast, this essay explores the dynamics of security politics in Lebanon since 2005 through the lens of hybrid sovereignty. It shows how an assemblage of state and non-state actors has been able to navigate between rival understandings of insecurity, producing at times shared, but still contested, understandings which have sustained a system of plural governance over security that has been able to respond to a shifting geography of threats.     

The everyday peace project: an innovative approach to peace pedagogy

A critical task for peace pedagogy is to challenge views of peace as primarily responses to declared war. Crisis-based politics tend to focus on exceptional situations and fail to capture the entire spectrum of violence. Premised on the idea that peace cannot be understood in isolation of larger structural problems, this paper proposes the concept of ‘everyday peace’ as a framework for peace education. Drawing from a pedagogical initiative, we examine how students engage with the concept of everyday peace and present our findings in three related domains: (1) definition of everyday peace, (2) application of everyday peace principles and (3) role of collaboration in everyday peace approaches. Our analysis underscored two important themes in participants’ definitions of everyday peace: (1) peace as a value-based praxis and (2) individual-level and systemic components of everyday peace. Applying these principles to a violent event in the local community, participant responses emphasized compassion, cultures of peace and the need to draw reflexive, meaningful connections between local and global contexts. The participants also outlined the synergistic role of collaboration in everyday peacebuilding. We discuss our findings in relation to extant research and consider implications of an everyday peace framework for holistic peace education.     

Peace education in Israel: an educational goal in the test of reality

Peace education is considered a necessary element in establishing the social conditions required for promoting peace-making between rival parties. As such, it constitutes one of Israel’s state education goals, and would therefore be expected to have a significant place in Israel’s educational policy in general and in response to peace moves that have occurred during the Arab–Israeli conflict since the 1970s in particular. This article reviews the educational policy actually applied by Israel’s state education over the years as reflected in formal educational programs and school textbooks, and suggests that although some significant changes have taken place over time, there has been and still is a significant gap between the stated goal and the practice of peace education in Israel. Reasons for this disparity and its implications are discussed and possible directions are proposed for coping with this educational challenge.     

Interfaith dialogue at peace museums in Kenya

This paper makes a case for further studies on the contribution of peace museums to interfaith dialogue debate. Based on our experiences as museum curators, teachers and peace researchers and a review of published materials, we argue that there is a lacuna in the study on the contribution of peace museums to the interfaith dialogue debate. The development of community peace museums in Kenya,, in predominantly Christian communities, and the use of traditional religio-cultural artefacts in peace education and peace building is a case of interfaith dialogue worth documenting. With religious conflict threatening to tear the fabric of society apart, the question of interfaith dialogue is now paramount in the search for sustainable peace and development.     

The promotion of peace education through guides in peace museums. A case study of the Kyoto Museum for World Peace,Ritsumeikan University

This paper focuses on how peace education at a peace museum is promoted by a volunteer guide service for visitors. Peace museums are places where many materials related to war and peace history are on display. To support the learning experience of museum visitors, many peace museums in Japan provide a volunteer guide service. The Kyoto Museum for World Peace, Ritsumeikan University, started such a service more than 20 years ago. A citizens’ group, called Friends for Peace, is in charge of the museum guide activities in cooperation with the museum. This article explains the purposes and nature of the service, and also reports on a survey of similar services offered by other peace museums in Japan.     

Military twists and turns in world politics: downsides or dividends for UN peace operations?

Russia’s challenge to the post-cold war order, and the rise of Islamic State have resulted in a call for increased military spending among NATO members. Despite the increased demand for UN peace operations, any expansion is unlikely to benefit the world organisation. Instead we see an increasing reliance upon regional organisations like the African Union, European Union and NATO, in particular, for robust peace operations. An analysis of Western states (France, Germany and the USA) suggests that future investments in weaponry, technology and staff will primarily benefit NATO and the EU, but not the United Nations.     

网络传销犯罪的司法认定逻辑及其修正

基于传销犯罪的诈骗本质以及网络传销所衍生的诸多形式,原有的组织、领导传销活动罪的界定已经无法适应惩治网络传销犯罪的需要,应当基于体系与实践的双重考量,对网络传销犯罪的立法和司法作出相应的调适。组织、领导传销活动罪与集资诈骗罪系交叉竞合关系,两者在量刑上应保持平衡。网络传销犯罪在法益侵害程度方面未必高于传统传销犯罪。司法解释性文件对于网络传销犯罪的认定不应囿于组织内部参与传销活动人员30人三级的标准。网络团队计酬不应当构成犯罪。对于混合型传销,则应当结合"骗取财物"的要件予以全面判断。对为网络传销犯罪提供网络服务的行为,应区分情况适用共同犯罪、非法利用信息网络罪与帮助信息网络犯罪活动罪。对网络传销犯罪作证据综合认定时,应优先客观性证据,确立互联网电子数据的中枢证明作用,修正逐一收集参与传销活动人员的言词证据规则。