维护职工结社权的思考

职工入会资格是职工结社权的实质,"以工资收入为主要生活来源的体力劳动者和脑力劳动者"是职工结社权的必备条件,中国工会的组织存在是职工结社权的基础;落实职工结社权是各级党政、司法机关和各类用工单位的共同责任,更是中国工会的首要任务。     

The value of pointillism? Integrating trade and development and the European Union as a global actor

As the contributions to this volume make clear, the intersection between the European Union's (EU) trade and development policies is populated by a diverse array of policies. The EU's selection of policies reflects, in part, the level of development of the developing country and competing understandings of how to best foster development. The contributions also hint at significant contributions to wider debates about the EU as a global actor, particularly the extent to which it is motivated by normative considerations and how affective it is in achieving its objectives. This article reviews the main findings of the contributions to this volume and advances some suggestions so as to enable a clearer picture to emerge that could more readily inform wider debates.     

‘Whiteness,’ criminality,and the double standards of deviance/social control

White criminality is increasingly defined and controlled via the medical model. This is made possible by the white racial frame, which constructs ‘whiteness’ as normative and white deviance as individual aberration or mental illness. Conversely, the white racial frame constructs Blackness as synonymous with criminality. Media depictions of crime and criminals play a central role in furthering this framing, which provides the underlying legitimation for disparities in social control. The result is double standards of definition and control which medicalize whiteness and criminalize Blackness. This differential framing of whiteness and Blackness provides the foundation for the expansion of both the medical and prison industrial complexes, which are characterized by real racial differences despite comparable patterns of deviance across racial lines.     

侵犯商业秘密罪的立法定位与司法认定

商业秘密在刑法中与在民商法、经济法中有不同的定位,基于刑法谦抑性,应对刑法中的商业秘密进行严格解释。刑法与民法是站在不同的立场,出于不同的目的看待损失的,在侵犯商业秘密罪中,重大损失认定的依据应以侵权获利额为原则,特殊情况下可参考许可使用费。单位犯罪是侵犯商业秘密罪中常见的犯罪形态,在本罪的行为模式中,个人的侵权行为与单位的行为具有对向性,单位之外的个人也有构成单位犯罪的可能。     

The welfare courts: A socio-legal analysis of risk management through modern strict liability

The aim of the essay is to offer an adequate theoretical framework for a socio-legal analysis of risk management by the legal system. Law and risk are the two most important concepts to be clarified. Unlike the law, whose function consists in the temporal stabilisation of normative expectations, the perspective of risk is characterised by the possibility of changing the criteria for decisions based upon the evaluation of the consequences of those decisions. In the context of a modern society, characterised by an increasing demand for protection for people injured by new technologies, one observes certain difficulties in the attempt to adopt a risk perspective within the legal system. The result of this process is the new law of tort based upon the modern principles of strict liability. While strict liability can be shown to be effective in managing conflicts relating to technological accidents, its most negative effects are the increasing instability of legal structures and interference with the activities of other subsystems of society, such as medicine and the economy.     

‘Demonstrative Evidence’: A Genealogy of the Racial Iconography of Forensic Art and Illustration

This essay stages a critique of the unacknowledged racialising visual regimes that inform forensic pathologys typical body charts. In order to disclose these unacknowledged regimes, I stage a genealogy of the racialising iconography that continues to shape forensic pathologys visual texts. In drawing attention to the racialising visual conventions that constitute the contemporary production of caucacentric forensic body charts, I attempt to disrupt the scientifico-objective status of these visual artefacts in order to underscore their ideological effects. By focusing on the ontological/epistemological split between the corporeality of native informants and white knowledge workers, I underscore the white medico-legal professions historical transmuting of other bodies into objects of knowledge. I conclude by outlining the discursive effects of presenting forensic pathologys caucacentric body charts as demonstrative evidence within the court of law.This is an extended version of an essay first presented at the Association for the Study of Law, Culture, and the Humanities Conference, Cardozo Law School, New York University, New York, USA, March 2003. My thanks to Peter Goodrich and Penelope Pether for their generous enthusiasm and support.     

深化对“三个代表”重要思想的认识——学习十六大对“三个代表”重要思想的新阐述

党的十六大报告对"三个代表"重要思想的论述,是在更加广阔的时代背景下和更加全面的基础上,对其进行了许多新的阐述,为我们在十六大的基础上,学习、贯彻"三个代表"重要思想指明了方向.