评“人权高于主权”

近年来西方某些国家炮制了一种所谓"新干涉主义"理论,并在国际关系中执意加以推行.这一论调的症结在于歪曲了人权与主权的关系,“人权高于主权”不仅与“新干涉主义”相表里,而且是它的核心.文章分析了“新干涉主义”及其“人权高于主权”理论出笼的背景、内涵和实质,指出它标志着霸权主义的新发展.     

论交通肇事逃逸致人死亡案件的定性

交通肇事逃逸致人死亡的案件比较复杂,刑法中规定了交通肇事"逃逸致人死亡"的,构成交通肇事罪的加重情节,但肇事逃逸致人死亡存在构成不作为故意杀人罪的情形.     

认真实践"三个代表"重要思想不断开创公安工作的新局面

贯穿江泽民同志"七一"重要讲话全篇核心主题是"三个代表"重要思想,其每一方面都同公安工作紧密相联,它既是公安工作必须坚持的总的指导思想、工作目标和要求,也是检验和衡量各项工作成败得失的标准.实践"三个代表"重要思想,必须同公安工作实际相结合,按"三个代表"的要求,调整工作思想,从改进和加强公安行政管理;充分发挥职能作用;增强公安工作的针对性和实效性;锐意创新,永葆公安工作的生机和活力;建设一支为党掌权、为民执法,具有较高整体素质和坚强战斗力的公安队伍几方面认真落实.只有将"三个代表"的重要思想落实到公安工作的各个方面、各个环节,才能使公安工作沿着正确的政治方向前进,适应新形势,迎接新挑战,完成新任务.     

不断深化对共产党执政规律的认识

不断深化对共产党执政规律的认识,是面向２１世纪的中国共产党人必须解决的时代课题。 深化认识必须坚持解放思想、实事求是的思想路线,“三个代表”的理论和实践是共产党执政的基本 规律;必须始终保持党的工人阶级先锋队性质,不断增强党的阶级基础,扩大党的群众基础,必须坚 持党的最低纲领和最高纲领的统一;必须加强党的民主建设,不断完善党的执政方式和领导方式。     

"走出去"战略:我国对外开放在新阶段的新任务

"走出去"战略是我国抓住世界经济发展机遇和提高对外开放水平的必然选择,对我国经济发展将产生深远的积极影响.本文认为,我国现阶段已基本具备"走出去"的条件,并提出实施"走出去"战略的若干建设以供商榷.     

Hungary's pre-accession strategy to the European Union in education, training and research

The article presents an analysis of the expected impact of EU accession on the Hungarian education, training and academic research system with a number of recommendations for an integration policy in these sectors. The first part of the article develops four themes: (1) the current level of preparation of the country for accession in the education sector, (2) the possible longer term benefits of accession, (3) the shorter term costs and (4) the most important elements of a policy of integration. A distinction is made between material and cultural, and that of political cost and benefits, the stress being laid on the second. One of the conclusions of the author is that accession may open up a number of new opportunities for the development and modernisation of the country but that these can be exploited only if the country has a coherent sectorial strategy. Specific preparation actions are proposed in the areas of school education, higher education, vocational training and research policy. The article presents a list of the most important short term government measures and the needs for institutional development. It also makes a proposal for possible further themes of investigation and research. This revised version was published online in July 2006 with corrections to the Cover Date.     

Education cooperation in the European Union at the threshold of the New Millenium

The principles of ‘double relevance’ and ‘user-friendliness’ are seen as being essential for the implementation of the EU education programmes SOCRATES II and LEONARDO da VINCI II. Against the background of the acquis in EU education cooperation two points are explored: a) the articles of the Treaty are not fully used, and b) the framework set is increasingly proving to be too restrictive. The Luxemburg process and the Bologna conference are the reason for the second point. The opinion is put forward that the exchanges of students and teachers and the information exchange can be further europeanized and, eventually, be organized in permanent European structures. This revised version was published online in July 2006 with corrections to the Cover Date.     

Proportional representation and attitudes about politics: results from New Zealand

PR systems often are credited with producing more equitable outcomes between political parties and encouraging wider social group representation than majoritarian systems. Theory suggests that this should instill greater trust, efficacy, and faith in the political system. We assume that citizens disadvantaged by majoritarian rules (political minorities) will have a relatively greater shift toward positive attitudes about democracy following a transition from a majoritarian system to proportional representation. We employ panel data from the 1993–1996 New Zealand Election Study (NZES) to test hypotheses about the effects of electoral system change on attitudes about governmental responsiveness, trust in government, and political efficacy. We find that there is a general shift in mass opinion toward more positive attitudes on some measures of efficacy and responsiveness. Political minorities display a greater shift toward feelings of efficacy than other voters.     

The Queen and the `Bolton Seven'

This note examines the case of a group of gay men who, having engaged in consensual sexual acts together, became known as the `Bolton Seven' following their conviction in 1998 for offences of buggery and/or gross indecency. More particularly the note scrutinises the implications of the ages of the participants (one of whom, at 17 , was unable to give lawful consent to sexual intercourse with a man) in the light of the enactment of Part I of the Sex Offenders Act 1997 which introduces a system of compulsory registration by some convicted and cautioned sex offenders with the police (including men convicted of, or cautioned for, buggery or gross indecency). The note explores the justification for inclusion of these offences within the remit of the1997 Act together with the cultural construction of gay men as predatory and as constituting a risk to younger members of society. It also analyses some of the effects of the registration requirement in terms of it constituting a potential violation of fundamental rights such as equality and respect for private life. This discussion is located particularly within the context of the jurisprudence of the European Court of Human Rights and the introduction of the Human Rights Act 1998 in the U.K.. This revised version was published online in July 2006 with corrections to the Cover Date.     

Patricia Williams: Inflecting Critical Race Theory

Critical Race Theory (C.R.T.) has developed out of a deep dissatisfaction that many black legal scholars in the U.S. felt with liberal civil rights discourse, a discourse premised upon the ideals of assimilation, ‘colour-blindness’ and integration. In addition, the emergence of the Critical Legal Studies movement provided Critical Race theorists with an innovative lexicon and practice which allowed them to develop a critique of traditional race analysis and U.S. law. Patricia Williams has played a key role in the formation of the C.R.T. movement and is concerned with many of the C.R.T. themes: the understanding that traditional civil rights law has benefited whites more than blacks, the ‘call to context’, and the critique of liberalism by the assertion that racism is routine and not aberrational. Following the C.R.T. belief that form and substance are connected, Williams has also extended the boundaries of another C.R.T. theme by (largely) eschewing the conventional genre of legal writing in much of her work, including her two books, The Alchemy of Race and Rights and The Rooster's Egg. This was one of the issues Williams discussed in an interview that commenced when she visited Britain in 1997 to deliver the Reith Lectures. This revised version was published online in August 2006 with corrections to the Cover Date.