香港个人资料隐私保护之经验——兼论我国个人资料保护法之制定

个人信息作为信息的一种,具有与信息相同的特征。个人资料属于现代隐私的外延,指的是可以识别出个人的所有资料。我国香港特别行政区已于1996年12月实施了《个人资料(私隐)条例》。在实施的十年间,法院与香港个人资料私隐专员公署分别做出了一些司法原则和执行决定,很值得我国在制定《个人资料保护法》时加以参考与借鉴。     

审查起诉中未成年人年龄证据的审查判断

总体上,证明犯罪嫌疑人达到相应刑事责任年龄的证据应遵循排除合理怀疑的证明标准,而相反证据只需达到足以使前者产生合理怀疑的程度。在证据不充分、无法查清事实时可采用推定的方法。在此基础上,实践中重要的是将相应的证明标准和证明方法应用于具体证据的审查中,具体问题具体分析。     

A New Alliance of De-legalisation and Legal Formalism? Reflections on Responses to the Social Deficit of the European Integration Project<Superscript>⋆</Superscript>

This paper will cover a wide range of issues. It will start with a reconstruction of the European Community’s ‘social deficit’, arguing that a credible response to this deficit would be a pre-condition for the democratic legitimacy of the deepened integration project. Such a response can be developed in a re-conceptualisation of European law as a new type of supranational/trans-statal conflict of laws – this is the thesis defended in the second section. This vision is contrasted in the third section, first with the steps towards Social Europe envisaged in the Draft Constitutional Treaty, and then with the messages of the recent judgments of the European Court of Justice (ECJ) in Viking and Laval. It goes without saying that the theoretical premises of the argument, let alone its many interdisciplinary dimensions and empirical background, can often only be signalled, but not developed systematically.

过渡性法规应当体现超前性

司法鉴定制度改革的长远目标是建立独立,公平,规范,高效的鉴定制度,最终实现统一的司法鉴定体系。实现这一目标,一步到位.会有很大难度。因为这与我国司法鉴定制度的现状有较大差距。但为了与总体目标相衔接,在过渡期内制定的法规必须体现超前性,方能逐步实现平稳过渡。     

MARRIAGE,IN‐LAWS,AND CRIME: THE CASE OF DELINQUENT BROTHERS‐IN‐LAW*

With marriage comes in‐laws, and if the in‐laws include delinquent males, their delinquency could affect the prosocial effects of the given marriage. In this article, I focus on the effect of having a convicted brother‐in‐law as a general indicator of this broader phenomenon of family‐formation processes impairing the positive impact of marriage on crime desistance. I use registry data on all men from birth cohorts 1965–1975 in Denmark (N = 69,066) to show that when a man marries, his new family ties to delinquent brother(s)‐in‐law do indeed hinder his criminal desistance. The results that take into account the characteristics of husbands, wives, their shared family‐formation process, and the criminality of male family members suggest that 1) family dynamics tend to keep criminality within family networks and 2) influences from one's broader social network through marriage are important for the protective effects of marriage. Analyses of previous conviction, co‐offending between a man and his brother‐in‐law, as well as analyses of in‐laws who reside in close proximity confirm the two mentioned main findings. In all, the findings reported in this article add to our understanding of the processes by which families are tied, and how these family‐formation processes influence men's behavior.     

Do female legislators have different policy priorities than their male colleagues in an undemocratic/semi-democratic legislature? The case of Hong Kong

This article investigates the impacts of democratic transition on gender outcomes in Hong Kong, which has a unique path of transition. The author studies whether democratic transition in Hong Kong since the mid-1980s has brought positive gender outcomes. Specifically, this article examines the extent to which Hong Kong’s female legislators acted for women’s interests from 1970 to 2012. The study finds that after the introduction of legislative elections, female legislators were more likely to represent women’s interests than male legislators. Apart from gender, the study also finds that political orientation of a legislator significantly affected legislator policy priorities and/or gender outcome. Liberal legislators proposed significantly more motions related to women’s interests than conservative legislators. Finally, the study highlights that as the legislature was transited from an undemocratic to a semi-democratic body, legislators were significantly more likely to propose motions related to women’s interests.     

朝鲜北学派的新华夷观解析

中国传统的"华夷观"长期影响着朝鲜半岛,朝鲜各朝代的封建统治者也以"小中华"自居。"尊华攘夷"、"慕华贱夷"是朝鲜人传统的文化观念,这一文化观念严重影响了民族意识和民族文化的健康发展。自进入清代以来,朝鲜人自以为所谓华夷秩序大乱,华夏文明之真传移到了朝鲜,并因此而深感自豪;同时,自感传续华夏文明之真传的责任重大,虔诚地维护传统文化,唯恐有丝毫的亵渎。尽管当时由于地理大发现、西势东渐,人类文明格局发生了巨大变化,但朝鲜卫道士们一直将中华以外的文明视为"夷狄"之货,采取不屑一顾的态度。在如此僵化愚腐的意识氛围中,北学派的先驱洪大容率先提出了"华夷一也"的新观念,实现从"慕华贱夷"、"尊华攘夷"到"华夷一也"思想的飞跃。在东亚率先打破传统的"华夷观"是朝鲜北学派的一大特点,在朝鲜唤起了民族主体意识,为朝鲜学习世界先进文化,吸收新的世界文明做了理论准备。     

The Commission for Environmental Cooperation and North American Migratory Bird Conservation: The Potential of the NAAEC Citizen Submission Procedure

This article examines the citizen submission process laid out in Articles 14--15 of the North American Agreement on Environmental Cooperation (NAAEC), the 1993 environmental NAFTA “side agreement.” These articles set out a process by which nongovernmental organizations (NGOs) or individuals may file a submission alleging that one of the Parties to the agreement “is failing to effectively enforce its environmental law.” The paper traces developments set in motion by two submissions alleging failure to enforce migratory bird legislation. The first targets the United States, the second, Canada. Developments in these and other Article 14--15 cases have enfeebled an instrument that, from the outset, many regarded as having quite limited potential. These cases indicate, nonetheless, that the procedure still has some limited usefulness as a way of highlighting implementation failures. NGOs that do choose to invest in pursuing a citizen submission process would be advised to combine these efforts with other approaches to mobilizing public pressure.     

A Cross-National Examination of School Violence and Nonattendance Due to School Violence in Taiwan,Hong Kong,and Mainland China: A Rasch Model Approach

ABSTRACT

This study examined the similarities and differences between three distinct Chinese societies (Taiwan, Hong Kong, and China) regarding the contribution of gender and grade level to school violence, the ranking orders of perpetration and victimization behavior, and the correlates of school nonattendance due to violence. A cross-national random sample of 2,582 junior high school students was obtained. The results of Rasch analyzes revealed that verbal violence is most frequent. Male students are most likely to be aggressive and victimized. Grade-level differences in school violence were shown to be weak or insignificant. School nonattendance is generally associated with being kicked, punched, socially excluded, blackmailed, threatened, or sexually kissed without consent. The results were similar across societies. The findings imply that the contextual differences between Chinese societies may not account for different effects of gender and grade level on school violence, behavioral patterns of school violence, and correlates of school nonattendance.