刑事侦查中犯罪嫌疑人权利论纲

刑事侦查中,犯罪嫌疑人处于受追诉地位,其权利容易受到代表国家的侦查权的侵害,因而对其权利进行保护就非常重要。犯罪嫌疑人享有的权利包括实体性权利和程序性权利,这些权利不是固定不变的,而是具有开放性的。     

The More the Merrier? Hungarian and Romany Minorities in Slovakia

This article discusses some important aspects of thetreatment of minorities in the Republic of Slovakia.It discusses the 1992 Constitution and subsequentdevelopments such as the State language law 1995, therestriction of political rights of Hungarians,educational policies, the setback of EU entry talks,the September 1998 general elections, the Dzurindagovernment's ``De-Meciarization', the 1999 MinorityLanguage Law, and recent electoral legislation. Thespecial condition of the Romany is considered. Theeffectiveness of international mechanisms for theprotection of minority rights (the Organisation forSecurity and Cooperation in Europe, the InternationalCovenant for Civil and Political Rights, the EuropeanConvention of Human Rights, the Framework Conventionfor the Protection of National Minorities) isassessed, as is the involvement of the EU. Finally,the role of the judiciary is reflected upon.     

上市公司收购中股东权的保护

股东权的保护是公司制度存在的制度基础,作为公司法特别法或并行 法的证券法,也是股东权保护的重要法律渊源。必须坚持上市公司收购中股东权保 护的立法宗旨和基本原则,我国《证券法》中上市公司收购股东权保护问题上尚有诸 多不足,证券监督管理委员会应制定与“上市公司收购立法”相对应的条例,并不断予 以完善。     

论逮捕与人权保障

由逮捕的特殊性和人权的重要性决定,二者之间是一种辩证的关系：逮捕存在的根本目的是为保障人权,然而却是以限制或剥夺具体人的基本人权为条件的;从对被害人人权和社会制度角度讲,需要而且离不开逮捕,从被告人人权保障角度讲,要控制和慎用逮捕。二者统一于社会的共同道德和法律基础。尊重人权是人道的,正确地适用逮捕同样是人道的。尤其应当注意对被逮捕者权利的保障。     

Participation in the Knowledge Society: the Free and Open Source Software (FOSS) movement compared with participatory development

The possibilities and limits of participation at the ‘bottom’ (represented, for example, by PRA and PLA) have been well articulated in development literature. However, the emergence of the Knowledge Society has opened up spaces for what we could call participation at the ‘top’ (free software, wiki, open access), the implications of which Development Studies is only beginning to grapple with. Building upon recent debates on the issue, we take the cases of the free software movement and participatory development, arguing that they share common ground in several ways. We aim to offer a few pointers on conceptualising development in the Knowledge Society.     

Changing families and communities: an LGBT contribution to an alternative development path

Until now, most discussions on the place of lesbian/gay/bisexual/transgender (LGBT) people in global civil society have focused on their access to citizenship, rather than their socio-economic rights and role in development processes. This article argues that an alternative vision of development should challenge heteronormative family structures; build alternative, queer communities; wage activist, sexually emancipatory campaigns on concrete social issues (as the Treatment Action Campaign has done on HIV and AIDS in South Africa); and rethink existing models of democratic participation. The author emphasises the paradoxes of LGBT organisation in the context of neo-liberalism and globalisation, with an eye toward queering, or challenging heteronormativity in, global social-justice movements.     

Indigenous protest,social networks,and ethnic stereotyping: some insights from the Peruvian Amazon

This article examines the nature of social protest undertaken by an Amazonian indigenous organisation against international energy companies working in Peru. It analyses the response of Peruvian and international NGOs to the indigenous group's activities and challenges certain stereotypes concerning the nature of indigenous collective action and perceptions of community. In particular, it focuses on the way in which NGO workers attempt to explain the failure of the indigenous organisation to mobilise and sustain collective protest. The article highlights the dissonance between romanticisation of indigeneity and the lived reality of the indigenous group. It advocates the use of anthropological studies and social-movement theory to explore the limits to indigenous mobilisation and suggests their use for more sensitive planning of initiatives with indigenous groups. As demand for oil and gas grows across the globe, and governments in developing countries seek to increase revenues from lucrative extractive industries, clashes between indigenous groups and energy companies are likely to increase. The need for sensitive engagement between NGOs and indigenous groups is therefore of the utmost importance.     

Reflections on innovation,assessment, and social change: a SPARC case study

This article challenges the terms on which donor agencies evaluate development success, drawing on a particular case to make its point. It describes the resettlement of 60,000 people squatting along the railway tracks in Mumbai, a process planned and carried out by a federation of the railway dwellers themselves, with support from the NGO SPARC (the Society for the Promotion of Area Resource Centres). The article argues that this effort, which met donor criteria for a successful project, was the tip of an iceberg. Without an appreciation of the years of learning and innovation that preceded it, and the underpinning of principles and relationships built up over many years, this achievement cannot be adequately assessed or understood – and certainly not replicated. Yet in the world of formal assessment and evaluation, there tends to be a lack of interest in the deeper learning about social change that makes such success stories possible.     

Complexities in natural-resource management: irrigation infrastructure in Bihar

All over Gaya District in Bihar, irrespective of a person's caste or economic status, irrigation is the overriding topic of concern on public platforms and in private conversations. In the absence of adequate government action, different kinds of community endeavour are emerging to answer the need, some supported by radical political movements, others by organisations of a religious persuasion, and still others primarily by prominent local citizens.     

执法为民理论与实践的思考

执法为民是公安工作的出发点和落脚点,也是公安工作的根本要求;“执法为民”理论的确　　立,对公安工作的发展具有里程碑的意义;在实践中,应狠抓五个强化,切实提升执法为民的效应。