新闻自由与新闻侵权的法理学思考--从权利与权力的视角出发

新闻自由与新闻侵权的矛盾是法学与新闻学共同关注的边缘性学术课题,就法学领域来说,学者们大都从宪法学和民法学的角度予以探讨,而笔者发现:新闻自由本身是一种特殊权利,新闻侵权中所侵犯的对象表现为权利和在一定程度上的权力。所以,如果从法理学的角度入手,我们则不难看出:新闻自由与新闻侵权的矛盾是权利之间和权利与在一定程度上的权力之间的冲突在舆论领域的表现。     

刑事诉讼中法医精神病鉴定争议的反思与理论诠释

法医精神病鉴定在一些重大刑事案件中持续成为舆论关注的焦点。不论法医精神病鉴定启动与否均会陷入被质疑的困境。这既存在制度安排的问题,也存在鉴定本身的问题,还存在凭直觉判断的问题,更存在理论误导的问题。这些问题叠加在一起衍生了较为复杂的中国性问题。这一复杂问题的解决,需要合理配置启动法医精神病鉴定程序的权力(利),科学对待法医精神病鉴定本质,尊重法医精神病鉴定的医学认定,正确使用法医精神病鉴定意见中的刑事责任能力判断,在正当程序中维护法医精神病鉴定的科学性。对于非制度问题需要正确的理论诠释,避免因实践难题与理论缺陷交织触发一些不具有实质意义的纷争和枉顾科学的呼吁。     

The reformists: Kalahi and the performances of local government officials in Bohol,Philippines

To make sense of the gap between the theory and practice of community-driven development (CDD), development scholars and practitioners have proposed that the success of interventions is relative to the reform-mindedness of local government officials. This article sheds some light on the good governance performances of local government officials as part of the CDD programme Kalahi in the province of Bohol, Philippines. It highlights that locally, mayors who styled themselves as reformists enjoyed heightened power and electoral victories. In parallel, the province experienced a pattern of ‘growth with immiserisation’ and persistent political clientelism wrapped in a discourse of pro-poor development.     

Emerging powers,soft power,and future of regional cooperation in South Asia

This article looks into the future of regional cooperation in South Asia in the light of two emerging powers: China and India focussing on how their rise would change the relationship in the region. The paper argues that China and India both are trying to enhance their spheres of influence forcing the states in the region to align with either of them in a binary framework of unstable equilibrium and uneasy coexistence rather than reinforcing the regional solidarity of SAARC. Such a competition between China and India and the putative interventionary efforts of Western powers and their agencies in the region are bound to bring implications of profound value for not just regional cooperation but for the individual destinies of the various states involved in the days ahead.     

工作场所中的性骚扰:多重权力和身份关系的不平等——对20个案例的调查和分析

本研究着眼于受害女性的经验和解释,试图通过这些女性在工作中经历的性骚扰事件以及她们的态度和感受,了解性骚扰背后的制度和文化因素,以及这些制度和文化因素对这些女性态度和自我定位的影响,同时了解受害女性是如何感受和评价性骚扰带来的危害和后果,等等,以此为反性骚扰的法律、制度和社会文化的形成与完善提供必要的依据。     

Reforming the World Health Organization: what influence do the BRICS wield?

The World Health Organization (WHO) is currently undergoing fundamental reform that is intended to impact its programmes and priority setting and its financial and governing structures. Within the reform debates, new relations of powers are emerging among traditional donors and emerging economies such as the ‘BRICS’: Brazil, Russia, India, China and South Africa. These five emerging economies have formally committed ‘to strengthen and legitimise the WHO as the coordinating authority in global health’ through the principle of multilateralism. In this paper, the results of a qualitative study – based on 21 key informant interviews – that seeks to better understand BRICS’ engagement in this organisation and the extent to which their action enables these countries to influence the reform process were presented. The results show that individual BRICS countries found natural pairings with each other on both particular elements of the reform, notably governance and WHO financing, and specific health issues. While numerous examples of individual BRICS countries seeking to raise the profile of specific health issues were found, some evidence of a coordinated effort to influence reform as a bloc was also found. Although this was largely limited to rhetorical announcements of support in formal Declarations and Communiqués, it nevertheless articulates a vision of the WHO as an organisation with a broad mandate delivered with sufficient, predictable funding.     

China's economic slowdown: implications for Beijing's institutional power and global governance role

China's spectacular economic growth over the past decades has given rise to a more confident and proactive China in global governance. China is now an institution-builder, with new Chinese-led institutions such as the Asian Infrastructure Investment Bank designed to cement Beijing's central role in global economic governance. What, then, are the potential implications of a slowing economy for China's institutional power and global governance role? This article locates China's economic growth and slowdown in broader discussions about China's global position and questions about responsibility, order and governance. It argues that China's economic slowdown will not result in a drastic impact on Beijing's institutional power as there are key material, historical and ideational drivers at play here. Unless China is confronted with the prospect of an economic collapse, it will continue to pursue an active institutional role, speak the rhetoric of South–South solidarity with emerging economies and seek a leadership role in reforming global economic governance, even with a slowing economy, because this is intrinsically tied to its identity and how China now positions itself in an evolving global order.     

The rise of China as a constructed narrative: Southeast Asia's response to Asia's power shift

This article examines the rise of China from the perspective of three selected countries – the Philippines, Vietnam, and Malaysia – in Southeast Asia. I argue that their perceptions of China's rise are political constructs: while the objective reality may be an increasingly powerful China, their responses have been far from uniform. They vary in ways that are shaped by their domestic politics. These constructed narratives serve their respective political agenda, from leadership legitimacy to the supremacy of a party faction. Since theories of international relations tend to fixate on power politics between great powers, this article explains how and why small regional powers add to the process of understanding China's rise. In short, regional states’ domestic politics affect their narratives of China, and therefore affect how China's rise is being understood in the region and beyond.     

The political economy of global tree plantation expansion: a review

This contribution analyses the recent global expansion of different types of tree plantations. A literature review collates accounts from recent academic publications and by NGOs, and is accompanied by field research and interview observations about the causal processes, central features and likely futures of contemporary tree plantation expansion. I will analyse the political and spatial causalities explaining varieties and commonalities in expansion style and pace, with elaboration on the applied and empirical significance of these findings for peasant studies. The literature on environmental and developmental impacts of tree plantation expansion is also surveyed.