中国——东盟自由贸易区建设与思茅经济发展

中国与东盟达成共识,用10年时间建设中国--东盟自由贸易区.历史就把与缅甸、老挝、越南三国接壤的思茅市从开放的末梢推到了开放的最前沿.中国--东盟自由贸易区建设是继国家西部大开发战略之后,实现思茅市经济跨越式发展的又一历史机遇.     

从自由互市到政府控驭:唐、宋、明时期汉藏茶马贸易的功能变异

茶马贸易本属汉藏民族间、农区与牧区间互通有无的经济交流活动,它本应遵循固有的经济规律。其发端的唐朝如此,其发展的宋亦大致如是。但至明朝,统治者希图借经济手段去替代政治、军事所无法完成的统治功能(“以茶驭蕃”),并“联番制虏”,隔绝传统的蒙藏联系,“壮中国之藩篱”。汉藏茶马贸易的原有功能发生变异,纯粹的经济活动被赋予了浓厚的政治内容。     

试论自由刑的执行

自由刑因其客观具有的普遍性、人道性、社会性,决定了在人类社会打击犯罪的历史进程中,它将是人类刑罚发展的必然选择.剥夺罪犯自由的实质,是既剥夺了罪犯享受自由的程序权(即决定权),又限制了罪犯享受自由的实体权.科学促进自由刑的执行,关键应把握好四个结合.     

刑事诉讼中重复追诉问题研究

大陆法系中的"一事不再理"原则与英美法系中的"禁止双重危险"原则既有共通之处,也有差异,联合国文件确立的"一事不再理"原则是二者的折中性表述。与两者均不相同的是,中国法以客观事实、有错必纠为理论基础,允许检控方和法院对同一被告人采取多次重复的追诉和审判,从而使被告人因同一行为而面临多次危险。应当对中国刑事诉讼中的重复追诉予以法律控制,有必要在调整我国《刑事诉讼法》的利益格局中,确立"一事不再理"原则,同时应改革法院做出证据不足的无罪判决后检察院可以重新起诉的规定和再审制度。     

The European Trips-Plus Model and The Arab World: From Co-Operation to Association— A New Era in the Global IPRS Regime?

The advocation of stronger and higher levels of Intellectual Property Rights (IPRs) protection has been on the rise in recent years, particularly since the establishment of the World Trade Organisation (WTO) in 1995. Although its establishment signalled the beginning of a new phase in the protection of IPRs internationally, no more than a decade later, it is seen that such a regime is still undergoing a number of significant changes. In this regard, the rise of bilateralism and the retreat of multilateralism resulted in the so-called ‹TRIPS-Plus’ recipe in which developing countries are increasingly giving way to the demands of the industrialised countries through incorporating higher levels of IPRs protection domestically. Although the USA has often been viewed as the primary advocator and enforcer of the TRIPS-Plus recipe globally, this article shows that in fact the European Union (EU) advocated the TRIPS-Plus recipe long before the USA. Thus, this article discusses the case of the European TRIPS-Plus model with the Arab World as a clear demonstration of such a trend. Developing and Arab countries are now faced with two determined superpowers acting at both the unilateral and bilateral levels to achieve their desired higher standards of IPRs protection worldwide. This will further erode the flexibilities of the TRIPS Agreement, and will entail grave repercussions for both the developing and Arab countries. LLM, PhD, Lecturer in Law, University of Central Lancashire (UCLAN), UK. The author may be contacted at mel-said@uclan.ac.uk     

关于中国-东盟自由贸易区云南邻边先行示范的战略构想

在中国加入WTO的前提下,在中国—东盟自由贸易区启动阶段,在先行建立内地—香港—澳门沿海自由贸易区的同时,配合考虑构建中国云南面向越南、泰国、老挝和缅甸等国家和地区的陆上沿边自由贸易区,其地位和作用同样重要,其影响和意义更加深远。     

Freedom in the German School System

This article describes `freedom' as a constitutional category in the German School Law. If the responsibility for schooling by the German Federal Constitution is given to the ``Bundesländer' a common frame is set by the Basic Rights of the German Federal Constitution; this constitutional frame limits the rights of the ``Bundesländer' in supervising, organising, planning and managing the schools. Basic rights of a single pupil in a school are limited by the same rights of other pupils; this is done by following the ``principle of practical concordance' and thus the freedom of the single pupil always becomes a relative one; how this principle works in a concrete conflict will be shown in this article by describing single cases. Parental Rights are also guaranteed by the German Federal Constitution in direction of the state-runned schools. The rights of the parents are equal to the state rights; so a solution of a conflict has to be found between these two actors. Rights of teachers in Germany are limited by their special status as civil servants. And if the pedagogical freedom of teachers is recognised by the school acts this does not describe a real kind of freedom for the single teacher.     

Cooperative justice and English as a lingua franca: the tension between optimism and Anglophones free riding

In Linguistic Justice for Europe and for the World, Philippe Van Parijs proposes three principles of linguistic justice. The first one applies to the fair conditions of the creation of a lingua franca understood as a common good enabling global communication. According to Van Parijs, the actual situation is unfair. The benefits are distributed evenly among speakers mastering English, but the costs are born entirely by those investing resources in learning English as a second language. I want to challenge this argument and point to a dilemma in Van Parijs’ proposition. He can either accept that English as global lingua franca (EGLF) is a done deal such that only ‘‘apocalyptical events’’ could prevent English from becoming the first global lingua franca, in which case he will have to make peace with the fact that Anglophones can enjoy the benefits this produces without having to make any kind of contribution. Or, he can temper his optimism, find reasons why natural interactions could fail at producing EGLF so as to convince native Anglophones that without their contribution, without some form of an investment in the creation of EGLF, it will not happen, or at least, it will not happen in a way that is maximally beneficial to them. I propose some arguments pointing to some benefits that would only be accessible to native Anglophones through cooperation and therefore through contributing to the creation of EGLF. Without such an argument, native Anglophones are free to benefit from the impressive by-product of the decisions to learn English of all those interested to improve their social and economic prospects: a global lingua franca.     

Evaluating Simulant Materials for Understanding Cranial Backspatter from a Ballistic Projectile

In cranial wounds resulting from a gunshot, the study of backspatter patterns can provide information about the actual incidents by linking material to surrounding objects. This study investigates the physics of backspatter from a high‐speed projectile impact and evaluates a range of simulant materials using impact tests. Next, we evaluate a mesh‐free method called smoothed particle hydrodynamics (SPH) to model the splashing mechanism during backspatter. The study has shown that a projectile impact causes fragmentation at the impact site, while transferring momentum to fragmented particles. The particles travel along the path of least resistance, leading to partial material movement in the reverse direction of the projectile motion causing backspatter. Medium‐density fiberboard is a better simulant for a human skull than polycarbonate, and lorica leather is a better simulant for a human skin than natural rubber. SPH is an effective numerical method for modeling the high‐speed impact fracture and fragmentations.