论社会变迁与刑事政策的调整

社会变迁与刑事政策有密切的联系。应当在预测社会变迁趋势的基础上 ,恰当调整刑事政策 ,充分发挥刑事政策的积极作用     

自白任意性规则的中国运用

自白任意性规则是刑事诉讼应该遵循的基本证据规则.该规则以追求真实、保障人权和排除违法为理论基础,具有促进讯问合法化和维护审判制度良性运作的功利价值.我国法律从文本上看已有成型的自白任意性规则,但在实践中仍存在对该规则的背离现象,刑讯逼供和非法取供仍时有发生.欲改变此种状况,观念的变革是首要条件,自白任意的程序保障是控制手段,排除规则的完善是救济途径.只有在这三方面下手,才能促进自白任意性规则在我国的有效实施.     

文化自觉与人口较少民族传统文化的“转化发展”

我国人口较少民族聚居地区的生态环境大多比较脆弱,地方经济发展缓慢,但传统文化的保持则相对完好。20世纪90年代以来,随着城市化的急剧推进以及市场经济的发展,人口较少民族传统的生计方式和社会组织形式发生深刻变化,民族文化传承和发展的内生动力不足问题日趋凸显。只有秉持文化自觉的理念,积极探索民族文化创造性转化创新性发展的路径,才能焕发人口较少民族传统文化的生机与活力,促进民族地区经济与社会的协调发展。     

Changing trends in West Africa’s drug policy terrain: a theoretical perspective

This article examines the challenges of narcotic drugs in West Africa following the region's emergence as a major transit zone for the trafficking of cocaine and other illicit drugs to many countries in Europe. In addition to the trafficking problem, the use of narcotic drugs has been on the increase in the region. In effect, the drug policy terrain in West Africa appears to be undergoing changing trends. To understand these changes, the article draws on the policy paradigm (orders of change) theory to examine the types of change that are occurring. The analysis reveals that the drug policy terrain is undergoing first and second order changes.     

《民法典》违约金规范的体系性发展

《:民法典》违约金制度的规范更新,既包括违约金规范本身的修订,也包括其与相关规范的体系互动。《民法典》第585条第2款后段表述的修订,还原了违约金司法酌减系于司法评价的技术特征,凸显了酌减规则的裁量特点,有助于发掘违约金的履约担保功能,兼容商事交易的效率要求。《民法典》第588条的反对解释决定了约定违约金原则上属于损害赔偿总额的预定,不足填补时债权人可另主张司法增额。合同基础丧失规则与违约金司法调整规则构成竞合关系,合同解除与违约金责任的并行关系不限于违约解除场合。司法酌减与法律行为背俗无效规则存在体系分工,与显失公平撤销规则构成竞合关系;若非商事交易,事先排除酌减特约应属无效,但并非因违反强制规范而无效。     

Saying all the right things? Gendered discourse in climate-smart agriculture

Amidst debates about the role of ‘climate-smart agriculture’ (CSA), the intersection of concerns about climate change and agriculture offer an opportunity to consider how gender is considered in global policymaking. The latest module in the Food and Agricultural Organization of the United Nations, World Bank and International Fund for Agricultural Development Gender and Agriculture Sourcebook – ‘Gender and Climate Smart Agriculture’ – offers an opportunity to reassess how gender factors into these global recommendations. This contribution argues that the module makes strides toward more gender-aware policymaking, but the version of CSA discussed in the module sidesteps the market-led and productivity-oriented practices often associated with CSA. As a result, though the module pushes a more feminist agenda in many respects, it does not fully consider the gendered implications of corporate-led and trade-driven CSA.     

Climate-smart agriculture: what is it good for?

Leading international organisations presently argue that a transition to ‘climate-smart agriculture’ (CSA) is an obligatory task to ensure food supply for an anticipated nine billion people by 2050. Despite the rubric’s newfound importance, the conceptual underpinnings of CSA are often left unclear. Focusing on the World Bank’s framework, this paper critically interrogates the principles and concepts that underpin CSA. It argues that while CSA provides greater policy space for more holistic approaches to agriculture, it nonetheless operates within an apolitical framework that is narrowly focused on technical fixes at the level of production. This depoliticised approach to the global food system tends to validate existing policy agendas and minimise questions concerning power, inequality and access. By highlighting four strong tensions that permeate the CSA framework, the paper extols the need to greatly widen the scope of debate. To this end, it proposes an alternative ‘climate-wise’ framework to foreground the inherently political dimensions of food and agriculture in an era of climatic change.     

A Pragmatic Approach to Designing Changes Using Convergent Interviews: Occupational Violence Against Paramedics as an Illustration

Developing a change program to address complex problems can appear overwhelming. This study presents how an inductive diagnostic technique known as convergent interviewing can provide a summary of the critical issues that could be addressed by a change program. A systems perspective is used to show how the issues raised by the diagnostic process can be targeted in order to have the most effect and be pragmatically implementable. The use of the tool is illustrated by analysing an employee problem that needs to be addressed in public services, the high rates of occupational violence against paramedics. The resulting inductive systems model can be used for diagnosis or for informing a variety of change interventions. Convergent interviews are relatively easy to use, powerful, and applicable to many situations. This tool is particularly useful for developing innovations regarding a specific problem, changes that could be a source of substantial public value.     

The EU’s Emissions Trading System,Part 1: Taking Stock

This is part 1 of a paper that revisits the European Union’s Emissions Trading System (EU ETS) in an attempt to take stock of how the system has worked and evaluate it from the standpoint of radical political economy. The paper briefly discusses the basics of the scheme, including its design as a financial instrument and its performance during the first trading period (2005–2007). It then moves to elaborating on the workings of the scheme during phase 2 (2008–2012) and on the initiation of phase 3 (2013–2014). This analysis discusses the adjustments and the extensions of the scheme, compliance results and allowance trades and prices with a critical eye. The paper reveals the unsatisfactory results of the scheme (even in its own proclaimed aims), which include allowances surplus, allowance trades for pure financial purposes, low and volatile price of allowances, windfall profits, extensive use of Kyoto project-based credits, and several malfunctions and instances of fraud. These findings set the ground for part 2 of the paper which offers a critical assessment of ETS from the standpoint of radical political economy, putting emphasis on the needs and interests of the unprivileged working people.     

Trajectories of land acquisition and enclosure: development schemes,virtual land grabs,and green acquisitions in Indonesia's Outer Islands

While the size and speculative nature of land transactions in the wake of energy, food and climate crises have surprised observers, the reasons for partial implementation of many land developments remain largely unexamined. This contribution investigates trajectories of land acquisition and enclosure by analyzing four acquisition processes in Indonesia – those associated with rice, oil palm, Jatropha and carbon sequestration – considering their implications for comparative studies elsewhere. The paper finds that current patterns of land usechange represent a continuation of ongoing land transformation processes. Itdescribes the logic leading to partial realization of large-scale schemes. Highlighting the importance of interactions between formal and vernacular rural land development processes, the essay concludes that many large-scale schemes are better understood as virtual land acquisitions.