试论我国体育冠名权及其法律规制

2008年北京奥运成功举办,国内体育热潮空前高涨;赛后“鸟巢”推出PPP融资模式（Private-Public Partnership）转让冠名权,学界再度关注体育冠名权之法律规制。在体育法学中,冠名权、体育冠名权是一个层级清晰的属种概念链条。而从整个法律体系或权利体系的维度来看,体育冠名权仍是一个较新型的权利。在实践中,权利定性的模糊亦成为体育产业开发和应用的瓶颈,并导致近年来我国体育市场大量冠名纠纷因缺乏充分的法律依据而无法得到有效调整。     

沉默权：一个无法沉默的话题——从我国刑诉法“应当如实回答”谈起

我国刑诉法规定了犯罪嫌疑人面对审讯人员的审讯：“应当如实回答”的义务,使其在刑事诉讼中处于不利的地位。是否赋予犯罪嫌疑人沉默权,由“口供本位”转向“物证本位”,彻底改变目前的侦查模式,是我国刑事诉讼法修改的一个不容忽视的重要问题。     

探索征地制度改革 确保农民合法权益

征地工作事关国家经济建设和农民切身利益。随着工业化和城市化进程的加快,大量土地被征用。目前土地还是农民生存保障之本,征地过程中如何确保农民合法权益已成为迫在眉睫的问题题。该文通过分析中国征地制度存住的问题,从保护失地农民权益的角度,提出了要严格规范土地征用、完善补偿机制及规范土地交易市场等建议。     

The Totalisation of Human Social Practice: Open Marxists and Capitalist Social Relations, Foucauldians and Power Relations

This article critiques Open Marxism for an ontology which totalises human social practice—for Open Marxists, capitalist social relations are the singular constitutive source of human activity. Such a stance is superficially attractive yet ultimately inadequate, and I reinforce my case by demonstrating how other critical approaches—in this article, Foucauldian perspectives on power—suffer from similar deficiencies. Thus there is a need to resist the temptation of claiming to know how human social practice can be understood with recourse to a singular aspect (no matter how important) of such practice. I conclude that an excellent example of how to avoid such pitfalls is provided by Antonio Gramsci's writings, for they acknowledge the multifaceted yet nevertheless anchored existence lived by humans in capitalist societies.     

Human Security and Constructivism

This article explores the concept of "human security" as an academic and fledgling policy movement that seeks to place the individual—or people collectively—as the referent of security. It does this against a background of evolving transnational norms relating to security and governance, and the development of scientific understanding that challenges orthodox conceptions of security. It suggests that human security is not a coherent or objective school of thought. Rather, there are different, and sometimes competing, conceptions of human security that may reflect different sociological/cultural and geostrategic orientations. The article argues that the emergence of the concept of human security—as a broad, multifaceted, and evolving conception of security—rreflects the impact of values and norms on international relations. It also embraces a range of alliances, actors, and agendas that have taken us beyond the traditional scope of international politics and diplomacy. As a demonstration of change in international relations, of evolving identities and interests, this is best explained with reference to "social constructivist" thought, in contradistinction with the structural realist mainstream of international relations. In a constructivist vein, the article suggests that empirical research is already building a case in support of human security thinking that is, slowly, being acknowledged by decision-makers, against the logic of realist determinism.     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

Recruitment and selection practices among non-governmental organizations (NGOs) in Ghana

Taking into consideration the eugenic nature and perspective of high-performance human resource management functions on organizational effectiveness, the authors examined managerial and employee level of recruitment and selection on operational performance with emphasis on human capital and three indicators of organizational commitment (affective, normative, and continuous) as mediators. Questionnaires totaling 282, 122 for managerial level and 160 for employee level, were administered. A multilevel analysis of data were conducted on a selected number of Ghanaian NGOs using Statistical Package for Social Sciences (SPSS). The study revealed that recruitment and selection ideally leads to improved operational performance, however, this affiliation can be enhanced through the inescapable role of human capital and the three commitment indicators (affective, normative, and continuous). It was also exposed that effective recruitment and selection leads to a desirable employee’s level of affective, normative and continuous commitment, which also have greater influence on the operational performance. The study is thus considered very significant contextual support to existing literature and practitioners since not much of such work has been done in the Ghanaian context. Therefore, the current study implicates recruitment and selection, human capital, and the three commitment levels as a core value-creating ability that drives non-governmental organizations performance.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Human rights and Nubian mobilisation in Egypt: towards recognition of indigeneity

How are global human rights localised in authoritarian societies? How and what human rights discourses are mobilised by indigenous peoples to further their demands? Building upon original fieldwork among Nubian activists in Egypt, this article explores the complexities regarding human rights framing through a discussion of recognition of Nubian indigeneity. The article finds that the history and political experience of Egypt’s Nubians bring about diverging opinions and also limitations as to how, and what, human rights frameworks rights claimants and their supporters are to employ. It argues that Egyptian nationalism not only affects how Nubian activists mobilise in general, but also helps explain the very limited appeals to a global discourse of human rights.     

The Victims’ Directive and What Victims Want From Restorative Justice

Following fierce campaigning by victims’ groups, the European Commission has entered into a process of legislative and policy reforms with the aim of repositioning the victim in criminal proceedings. By November 2015, member states will need to have demonstrated that they have modified their domestic laws to give effect to the Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. For the first time, restorative justice is explicitly regulated at EU legal level, as the Directive aims to establish a baseline for its safe implementation across member states. With this EU-wide policy backdrop and using original data, the article posits evidence-based recommendations for the implementation of the Directive. The research was carried out in 2013–14 as part of the “Restorative Justice in Europe” project co-financed by the European Commission. The research took place in the United Kingdom and combined desk research and qualitative research strategies with victims, while it triangulated its findings with follow-up surveys with offenders and professionals.