对我国比较刑诉法研究的检视与反思

比较刑诉法研究对中国现代刑事诉讼理论以及立法起了积极的推动作用,但通过对相关研究历史的考察发现,其存在的问题也不容忽视,虽已有学者进行了一定程度的反思,并提出范式转型来以期解决,但并没有对比较刑诉法研究本身加以诊治。我们需要从研究主体的精英化,研究对象的全球化、全面化,研究方法的多样化、合理化这三个方面着手努力,才能给中国未来刑事诉讼的发展注入新的"一泉活水"。     

迁徙自由下户籍制度改革的构想

迁徙自由为公民所享有的基本权利之一,而迁徙自由在我国法律制度中的地位则经历了一个曲折过程。基于迁徙自由的户籍制度改革,必须重视对城乡统筹的指导,必须重视迁徙自由时机成熟的确立,必须强调自由与权利的相对性、身份与权利平等、权利与义务对等、所有权益获得是渐进分步式的。     

Use of the global positioning system in the field recovery of scattered human remains

This study examines the Global Positioning System (GPS) as a tool for field mapping of scattered human remains or other materials in forensic investigations. Two aspects of the GPS are considered: (1) the level of accuracy that can be obtained using a mid-priced GPS unit, and (2) the effectiveness of using the GPS to map scattered materials. The positional accuracy of the GPS receiver was tested using a National Geodetic Survey (NGS) point located in Baton Rouge, LA. The utility of the GPS for mapping was investigated by setting up a mock field recovery and mapping the remains using both the GPS and traditional archeological methods. The results indicate that the positional error for a single location using GPS was less than one-half meter. However, when multiple positions were considered, the data produced on different days were not consistent. Further, the GPS receiver used in this study could not distinguish items in close association. Factors such as tree cover density, the proximity of the materials to structures or trees, and satellite positioning contributed to the erratic data. These results indicate that traditional techniques and photographs are still indispensable for mapping scattered remains or artifacts.     

论申根协定对国际移民的影响

《申根协定》是欧洲若干国家通过政府问的合作而对跨国移民进行统一管理的国际条约,它集中体现了欧盟的移民政策。该协定基本实现了欧盟国家内部的个人自由流动,促进了欧盟一体化的进程,但其实施对国际移民也带来一些负面问题,笔者拟从《申根协定》出台的历史背景及其条款内容出发,深入探究欧盟的移民法律与政策,并就该协定对未来国际移民的影响趋势进行分析和研讨。     

From the Claw to the Lion: A Critical Look at Capitalist Globalization

ABSTRACT

This article argues that capitalist globalization is largely responsible for creating or intensifying many of our most serious economic and social problems. It first describes the forces that drove core country transnational corporations to create a complex system of cross-border production networks. It then maps the resulting new international division of labor, in which Asian countries, especially China, import primary commodities from Latin American and sub-Saharan African countries to produce exports for core countries, especially the United States. In core countries, globalization has led to the destruction of higher paying jobs, financialization of economic activity, and stagnation. While the new international division of labor has boosted third world rates of growth, especially in Asia, it has also left the third world with unbalanced and inequitable economies. Moreover, contradictions in the globalization process point to the spread of core country stagnation to the third world. Capitalist globalization has increased third world dependence on core country consumption while simultaneously undermining core country purchasing power. The article ends by discussing a process and program of transformation that highlights the feasibility of an alternative to global capitalism as well as the organizational capacities and institutional arrangements that must be developed if we are to realize it.     

国际非政府组织在中国的治理传播

随着全球化的发展和全球性问题的突出,国际非政府组织在全球治理中日益扮演着重要角色,通过在华开展治理传播,已成为向中国展示世界和向世界说明中国的重要窗口。他们一方面在涉及中国民生、环保、社会发展等重要问题上发挥了不可忽视的作用,一定程度上与中国构建和谐社会的目标达成一致;另一方面又往往受制于政策门槛、资金准入、社会参与、自身结构性问题等方面的障碍,活动绩效受到负面影响。     

Migrant life stories and the Web: the experience of having your life story made public

The life stories of migrants are increasingly being told, as part of the work of cultural organizations, and websites are well suited to making such life story projects accessible to the public. However, by using the lives of real people as raw material in a public forum, Web projects raise important questions about the terms on which participants are given a voice. This article focuses on a Danish website which depicts the life stories of migrant men through written texts, audio clips, and photographs. It presents a detailed analysis of the life story of one young man from a Muslim background who has openly declared himself an atheist. The article examines his experience of having this somewhat sensitive story made public. The religious aspect inevitably positioned his story in relation to broader political debates about Muslims in Denmark. Since migrants' stories often touch on highly politicized issues, it is crucial that their stories are not co-opted by societal discourses which they do not themselves support.     

Sensibility in the era of global communication: a semioethic perspective1

This article proposes a phenomenological and semiotic analysis of sensibility in the era of globalization, which is the era of global communication. How are time, space, self, others, life, death, health, illness, work, employment, unemployment, free-time, development, underdevelopment, and so forth, perceived in today's world? As vast as this excursion may seem, these different issues concerning sensibility all bear on the problem of the relation between identity and alterity. The hypothesis guiding my analysis is that the common denominator in science and sensibility today is the ideology, or ideo-logic, of identity. However, taking Europe as our societal paradigm the ideo-logic of identity reveals itself as a menace to the difficult process of forming the European Union. In Europe – indeed, in world history at large – the logic of identity and of alterity can be traced in all the important phases that have determined peoples’ historical destiny. In the current phase of development in the social reproduction system of advanced capitalism, the contrast between identity and alterity is at an extreme, at the point of exasperation. In this article I intend to explore the possibility of opening sensibility to alterity not only in Europe, but in the anthroposociosemiosic sphere at large.     

Kurdish migrant mothers in London enacting citizenship

The article explores the mothering work of a group of Kurdish women in London as enactments of citizenship. Rather than focusing on their integration, it foregrounds the migrant mothers' ability to disrupt hegemonic citizenship narratives and bring into being new political subjects. They co-construct diasporic citizenship, through their mothering work, producing their children's cultural identifications as both British and Kurdish. These identifications are contingent, involving intra-ethnic contestations of legitimate Kurdish culture. Kurdish migrant mothers' cultural work is not simply about making nation state citizens. By giving meaning to cultural continuity and change, the mothers reference multiple levels of belonging (local, national and diasporic) which challenge state boundaries. The article shows that although mothers play a key role in constructing their children's cultural identities and their articulation in ethnic and national terms, they also contest the meaning of ethnic minority cultural practices and group boundaries, potentially disrupting hegemonic narratives of good citizenship as ethno-national.