刑事侦查政策述评

中国侦查政策内容十分丰富,但政策存在明显不足或者缺陷,并导致侦查政策和法制功能弱化。应当深刻变革侦查政策与侦查法律之间的关系,使书面法律真实化、生活化,幕后侦查权力公开化,侦查权力运行有序化;革除超级侦查强权和法外侦查权,建立"充分但有限,规范而高效"的现代侦查权和侦查法制模式,保持侦查权力与控制、惩罚犯罪和保护个人权利之间的平衡。应当实现刑事侦查政策及其理论的革新和转型,重构刑事侦查政策,实现侦查政策法治化。     

邓小平解决西南民族问题的思想

文章简要阐述了邓小平在主持西南局工作期间,面对西南的民族问题,提出并实践成功的解决西南民族问题的办法及措施。     

Recreating the Third World Project: possibilities through the Fourth World

Abstract

In this paper, we make a theoretical argument that the Third World be returned to its political origins to inspire an updated Third World Project (TWP), revived as a global movement for progressive, anti-imperialist forces, through the Fourth World movement, which highlights internal colonialism. Both the TWP and the United Nations recognise only nation states as full members. We examine how a Third World strategy that brings in the Fourth World, or indigenous, minority and/or stateless groups, can help oppressed groups gain more autonomy and rights through a transnational solidarity rooted in empathy. We trace the intellectual roots and history of the TWP and consider obstacles in bringing together the TWP and the Fourth World movement. A Fourth World strategy corrects the TWP’s implicit approval of an underlying imperialism, and the TWP provides the Fourth World movement a model to accomplish its goal of resisting uncritical modernity.     

A land full of opportunities? Agrarian frontiers,policy narratives and the political economy of peace in Colombia

Abstract

In many post-war countries, the relative security brought to rural areas is construed by government officials and business actors as an opportunity for development. This is particularly true for marginal areas, where opportunities for economic development had previously been hindered by the threat of violence. This provides a favourable context for the construction of commodity frontiers. Through the case of Colombia, I show that one of the main challenges faced by frontier policy narratives amounts to differentiating wartime dispossession from peacetime legitimate accumulation. This poses intractable challenges to policymakers and business actors, as it fuels the contradictions between peace consolidation and post-war development.     

Performing the ‘India Permitida’: The Counter-Gift of Indigenous Women Targeted by a Corporate Social Responsibility Programme (Chile)

Relying on ethnographic data, this article critically analyses the pro-mining position adopted in Chile's Atacama Region by a group of Diaguita women who benefited from a corporate social responsibility (CSR) programme to revive indigenous culture. While the desire to escape from poverty (salir adelante, moving forward) appears as the main reason for participating, the benefits generated a sense of indebtedness resulting in allegiance to the company. The investigation also shows how this programme played a part in building a scenario in which indigenous females perform subjects apparently more suited than men to the neoliberal and multiculturalist governmentality of the Chilean State, whose politics favours mining.     

The European Union as an opportunity: structures and uses of European soft law in French,Austrian and Irish eHealth policies

Abstract

Does European soft law matter? In order to answer this question, the article investigates the processes through which the European Union (EU) affects domestic politics and policies in the eHealth sector in France, Austria and Ireland. More precisely, it shows how the hardening of EU soft law creates a new rationale for the use of European instruments by domestic actors, thus expanding their strategic opportunities for policy making at the national level. Despite the empirical diversity of the cases, similar patterns of variation in Europeanisation mechanisms emerge over time, and the data show how the varying structure of European soft instruments (i.e. their degrees of ‘hardness’) accounts for these changes. This comparative analysis includes multiple process-tracing cases of eHealth public policy making in France, Austria and Ireland in which Europeanisation processes are at work.     

Why Weren’t We Taught? Exploring Frontier Conflict Through the Lens of Anzac

This article examines public understandings of two key strands of Australian history that sit at opposite ends of a spectrum of remembrance: frontier conflict and Anzac. The former, W. E. H. Stanner argued in 1968, was subsumed in a vacuum of silence, lost to popular consciousness in a wilful act of forgetting. Despite a wealth of subsequent scholarship documenting the violence and dispossession that characterised European colonisation, considerable gaps in public awareness about these foundational events remain. Anzac, in contrast, has become a defining narrative of Australian history for large segments of the general population and the political class. Recent scholarship suggests that this prominence has served to mask other, important histories of the continent, including frontier conflict. In this article, we argue that this is neither a necessary nor essential binary, and further, that one can inform the other. The written reflections of 320 tertiary students enrolled in a course about Australian military history provide insights into the ways that frontier conflict is popularly understood and how the fascination with Anzac can be leveraged to raise awareness of the violent historical dimensions of colonisation.     

The Far North Act in Ontario,Canada: a sons of the soil conflict in the making?

In 2010, the Government of Ontario, Canada passed the controversial Far North Act. The Act purportedly aims to promote land use planning and sustainable development while recognising Aboriginal and Treaty rights. There are, however, early warning signs that the Act could be a breeding ground for future conflict between Indigenous peoples and other stakeholder groups. This article adopts a ‘sons of the soil’ conceptual framework to explore the mechanisms that could give rise to the escalation of Indigenous vs. non-Indigenous conflict. The findings provide important insights for theorising the contentious politics around land and territory in diverse settler-colonial contexts.     

Trade and Industrial Policy as Levers for Sustainable Energy Technology Adoption? Experiences from Urban Latin America

Debates abound regarding the link between trade and industrial policy and the adoption of sustainable energy technologies in developing countries. Some purport that open trade regimes support technology diffusion, while others indicate that more interventionist regimes are more conducive. This paper uses empirical evidence from Mexico City and São Paulo to argue that sustainable energy technology uptake can be more prevalent in settings with partially open trade policy regimes. These regimes have afforded countries more opportunities to develop local capabilities, which, in turn, has had knock‐on effects on sustainable energy technology uptake. Specifically, having more local technology sources (equipment, expertise) brought quicker access to these technologies, created more perceptions of technology “ownership,” fostered more effective mobilization, and helped create well‐established standards, which in turn contributed positively to sustainable energy technology uptake, while taxes and tariffs were less influential.     

The role of African universities in the protection of the rights of indigenous peoples: A development agenda

Before the emergence of the United Nations at the end of the Second World War, human rights were generally scantily recognised in international law and, even under the UN Charter of 1945, indigenous peoples received merely tacit reference. Since the 1970s, however, several normative instruments have been adopted to give recognition to the rights of indigenous peoples as a distinct component of international human rights law. With the further adoption of the Declaration on the Rights of Indigenous Peoples by the UN General Assembly in 2007, the subject has assumed new dimensions with the possibilities of new vistas. What, for instance, is the role of African universities in the promotion and protection of the rights of indigenous peoples as critical agents in the global human rights and development agenda? The purpose of this article, among others, is to synthesise the strategic approaches to the rights of indigenous peoples and to accentuate a more informed conceptualisation of what the role of African universities on this subject ought to be, and must be, in the light of the dynamic opportunities of the post-2007 era.