《监狱法》缺陷的另类解读——以罪犯服刑能力为视角

《监狱法》的适用为我国改造罪犯、保障人权提供了法律保障,然而《监狱法》也存有一些立法上的盲点,例如对服刑能力的规定就是如此。服刑能力是罪犯接受刑罚惩罚的能力,对一个具备完整服刑能力的罪犯实施惩罚是符合正义的基本要求的,但是,对于一个服刑能力有缺损的罪犯实施强制性改造则是非人道的、非正义的。我国对服刑能力的研究还处于起步阶段,立法上还有许多空白之处,这就使得服刑能力成为刑罚改造实践中的一个盲点。     

增强法律观念 实施依法管理

依法执政是新的历史条件下我党执政的基本方式,公安院校的学生工作必须针对公安院校培养的对象,紧密结合新的历史条件下学生工作新的特点、新的情况,进一步增强依法管理的观念,实施依法管理。不断创新和完善学生工作的法规制度体系,使学生工作干部掌握依法管理的基本方法,不断提高依法管理的能力,使公安院校的学生工作与党依法执政的大环境同步前进,不断开创学生工作的新局面,为公安机关培养可靠的合格人才作出新的贡献。     

Interrogating ‘invisibilization’ and ‘instrumentalization’: women and current citizenship trends in Canada

This paper examines current citizenship discourses and practices in Canada, focusing on the implications not only of marketization, but also of growing securitization vis-à-vis citizenship, and the gendered ramifications of such developments. The repercussions of marketization and securitization and their interrelations, for women in general, as well as racialized and immigrant women in particular, are outlined and assessed. In this way, we see how women are at the receiving end of highly contradictory processes in that they are both ‘invisibilized’, in other words, rendered invisible, by the Canadian state, but are also are increasingly ‘instrumentalized’, in other words, used in strategic ways. Yet, women also challenge these trends and tactics, thereby interrogating these processes that serve to limit the terms and scope of citizenship in Canada.     

Two hypotheses about the emergence of a post-national European model of citizenship

Citizenship is not just a status (defined by a set of rights and obligations), it is also an identity that expresses membership in a political community. It also has a substantive political dimension of active participation in the public sphere. Traditionally, collective identity and the membership dimensions of citizenship have been seen as intrinsic to the nation-state. The processes of globalization that have undermined the sovereignty of the nation-state make it necessary to reconceptualize citizenship in light of a ‘post-national’ framework. At the same time, however, the ‘culturalization’ of the social and the ‘multiculturalization’ of societies are putting into question the homogeneity of a collective identity. According to a recent hypothesis, a new post-national model of citizenship is emerging, one of European construction. In seeking to explore this position, the paper advances two additional hypotheses: (i) EU policy-making and governance are likely to foster a post-national European civil society with multi-level citizenship participation; and (ii) European anti-discrimination regulations are likely to accelerate the emergence of an alternative model to multiculturalism that can address differences within a universal framework of rights.     

Cultural citizenship and performing homecoming: Russian Jewish immigrants decipher the Zionist national ethos

The paper explores the mutual relation between cultural citizenship and national homecoming. Using the case study of Russian-Jewish immigrants in Israel, it refines the theoretical debate over cultural citizenship by showing how homecoming migration shapes the homecomers' bargaining power over the local cultural tenets. In particular, the research examines the ways in which the ‘Russian’ immigrants negotiate the national ethos of homecoming that constitutes the Israeli civic, discursive field, while dismantling it into its root components: affinity to the place, collective memory, and the warrior ethos. Each of these components constitutes a sphere of action that embodies the tension between Israeliness and Jewishness, nationalism and citizenship, and the personal and the collective. Our main contention is that in the case of homecoming migration, the inextricable affinity between citizenship and nationalism shapes the homecomers' cultural citizenship: on the one hand, it secures their right to participate in the local cultural discourse and avails bargaining power, while on the other hand, it neutralizes the homecomers' subversive voice, and reduces their capacity to undermine the constitutive, national tenets. The analysis is based on immigration stories gathered via in-depth interviews that were conducted with 43 Jewish university students who immigrated to Israel from the former USSR in the beginning of the 1990s.     

When the exception becomes the rule: borders,sovereignty, and citizenship

Borders are a unique political space, in which both sovereignty and citizenship are performed by individuals and sovereigns. Using the work of Agamben and Foucault, this article examines how decisions made at the border alienate each and every traveler crossing the frontier, not simply the ‘sans papiers’ or refugees. The governmentality at play in the border examination relies on an embedded confessionary complex and the ‘neurotic citizen’, as well as structures of identity, documentation, and data management. The state border is a permanent state of exception that clearly demonstrates the importance of biopolitics to the smooth operation of sovereign power.     

Green citizenship: a review and critique

This paper reviews the literature on green citizenship and argues that the concept of citizenship has done much to advance green theory building internally but that in order to deepen an already substantial area of scholarship, promote a more inclusive and emancipatory environmental politics, and augment their contribution to the larger body of citizenship studies, greens will need to broaden their approach to the concept. This review highlights the tendency within green theorizing to privilege particular conceptions of the natural world and humans' relations to it, and draws attention to the work of those scholars explicitly engaged in incorporating the social construction of nature into their theories of green citizenship. The essay concludes by identifying three particular areas in which green theorizing has contributed to citizenship studies.     

Love,sex and the spaces in-between: Kepri wives and their cross-border husbands

In the Riau Islands of Indonesia significant numbers of women have entered into marriages with men from the nearby countries of Singapore and Malaysia. In many cases, neither spouse migrates after marriage: instead, husband and wife continue to reside in their country of origin. Their close geographical proximity means that the couples can see each other regularly while at the same time taking advantage of the economic opportunities presented by living on different sides of the border. These cross-border marriages challenge the normative model of the nuclear cohabiting couple/family. Our research into the motivations and desires of these cross-border couples living in the Riau borderlands reveals that space and mobility mediate their interactions with the Singaporean, Malaysian and Indonesian states, thus producing localized accounts of citizenship in which class mobility (rather than physical mobility) becomes the dominant frame through which they view state regulation of marriage and migration. This research challenges the state-centric tendencies in some of the scholarly literature on international and transnational marriage which places overwhelming emphasis on the ability of states to regulate access to citizenship rights. In presenting a view of inconsistent and sometimes incoherent states, we highlight the significant differences between perceptions of state influence and actual state practices in relation to the regulation of international marriages.     

关于文登市新型农村合作医疗的调查报告

通过封文登市新型农村合作医疗的调查发现,现在参加新型农村合作医疗的农村居民参与度低、个人缴费少,80％的资金来源于各级政府,待遇支付管“小”不管“大”,客观上造成“帮富不帮贫”,政府成为新型农村合作医疗的主角,制度的建立不能解决参加新型农村合作医疗的农村居民因病致贫和因病返贫问题。针对上述问题,本文建议加强宣传,增强农农村居民的保险意识,提高参加新型农村合作医疗的农村居民本人的缴费比例及数额,政府加大封农村居民中弱势群体的补助,取消新型农村合作医疗家庭账户,调整新型农村合作医疗支付结构,变保“小”为保“大”,加快医药卫生体制改革,有效地防止参加新型农村合作医疗的农民因病致贫和因病返贫。     

相对贫困是外来人口犯罪的一个重要因素

贫困是导致犯罪的重要原因。相对贫困导致外来人口犯罪的客观原因包括经济因素、控制机制因素、地缘因素、就业因素和社会消极因素;主现原因包括心理承受力和心态、受教育程度。外来人口犯罪的特点表现为作案手段简单,随意性和流动性大,以宗亲或同乡关系为纽带结伙作案。作案类型主要是盗窃、抢劫、诈骗和伤害。抑制外来人口犯罪应发展经济,有效地控制贫富差距,防止两级分化;坚持精神文明与物质文明一起抓,保持社会全面、协调地发展;教育农民;完善城市治安防范控制机制。