起诉裁量权视角中轻微犯罪的刑事政策

在检察实践中,经济发达地区案件数量的激增在一定程度上影响了司法效率的提高,轻微犯罪案件的处理应立足于宽松的刑事政策基础之上,进一步丰富和发展审查起诉自由裁量权的范围和表现形式.     

我国扩大内需的政策选择和效果评价

我国目前不具备实行凯恩斯理论的制度基础和政策条件 ,克服当前内需不足困难的关键是结合中国的经济实际 ,把短期手段和长期发展目标结合起来 ,把增加有效需求与增加有效供给结合起来 ,把宏观经济政策的调整和综合配套改革结合起来 ,这样才能有效解决当前国民经济运行面临的矛盾和中长期发展的问题。     

不满十六周岁的未成年人不宜适用转化型抢劫定罪处罚

目前,关于不满十六周岁的未成年人盗窃时当场使用暴力致人轻伤的案件性质判断,许多法律工作者对我国相关法律以及司法解释方面理解不一,有无罪说也有转化抢劫说。本文从立法原意、有章可循的司法解释以及我国现行的刑事政策角度支持无罪说。     

论公共政策主体的合法性

公共政策主体主要指直接参与政策制定的政治权力主体,即体制内主体。规范的政策主体应具备三种属性,即合法权威、合格权威和个人权威,它们共同构成政策主体的合法性。政策主体的合法性对政策系统和政治系统具有重要影响。     

打击法轮功邪教组织的方针与法律法规适用

打击处理法轮功邪教组织违法犯罪活动 ,必须坚持党委领导 ,坚持团结、教育转化大多数、打击极少数的方针 ,区别对待 ,严格区分不同性质矛盾的政策。政法部门必须实事求是 ,统一思想 ,统一行动 ,密切配合 ,严格遵守组织纪律 ,提高认识 ,突出打击重点 ,加大打击力度 ,加强宣传发动工作 ,争取群众的理解和支持。正确适用法律法规及其司法解释 ,既要保证打击处理的准确性 ,又要注意打击处理的社会效果     

对我国少数民族现行经济政策的思考

少数民族经济政策是国家经济政策的一部分 ,是国家对特殊资源的分配和调动 ,对少数民族地区的经济发展有重要意义。通过对改革开放 2 0年来民族经济政策基本内容的探讨 ,提出了 2 1世纪我国少数民族经济政策的基本形式。     

Being resilient to radicalisation in PVE policy: a critical examination

ABSTRACT

The problematic nature of certain policies and approaches to preventing and countering violent extremism has been robustly demonstrated; it is clear that rethinking the prevention of violent extremism requires concerted attention. One response to critiques of security-driven approaches has been the adoption of the language of resilience building. However, the turn to resilience has not been matched by a fundamental rethinking of approach, and may often mask troubling approaches in the language of objectivity and positivity. In rethinking the question of prevention, examining the concept of resilience is important not only to address a current trend in policy discourse, but also to benefit from the rich literature on resilience from which valuable lessons may be drawn. A critically informed concept of resilience has the potential to provide a framework of response that recognises individuals and communities as political actors who, rather than being shielded from ideologies, require the resources and channels to challenge violence, discrimination, and injustice, be it state or non-state driven. This article, through examining the current use of “resilience” in PVE policies, makes a modest attempt to draw on lessons from applying resilience in other contexts to articulate possible features of a critically informed approach to preventing violent extremism.     

Debunking Brazilian Exceptionalism in its Africa Relations: Evidence from Angola and Tanzania

ABSTRACT

From 2003, President Lula heralded a new dawn in Brazil’s expanding African relations. Brazil was claimed to be unlike other exploitative powers because of its cultural, geographic and historic connections; Africa’s true brother. Despite the passing of two decades and a number of scandals, this narrative of exceptionalism remains. Studies on Brazil–Africa relations tend to focus on the Brazilian state as the key, essentially benign agent. Our analysis uses the case studies of Angola and Tanzania to debunk the idea of Brazilian exceptionalism. We demonstrate the significant, overlooked agency of corporations in shaping and implementing Lula’s Africa Policy, and determining its developmentally dubious outcomes. Additionally, the paper shows how political elites in Africa directed Brazilian government and companies into their political and business norms. Thus, Brazil–Africa relations replicated much of the typical economic patterns of the continent’s trade, with oft-controversial and corrupt investment in commodity extraction and infrastructure.     

Why Foundations Flourish: A Comparative Policy Framework to Understand Policy Support for Foundations across Countries*

Abstract

Philanthropic foundations have bloomed since the 1990s, contributing to the expansion of third sectors worldwide. This research aims to contribute to the comparative analysis of the policy conditions that shape the development – size and structure – of foundation fields across countries. A framework for comparative policy analysis encompassing key dimensions of policy support – policy milestones, levers, and alternatives – is proposed and applied to five southwestern European countries. Results demonstrate that although Spain, France, Italy, Belgium, and Portugal have been traditionally clustered under the same corporatist foundation model, their foundation fields vary widely in terms of size, structure and institutional embeddedness.     

Equal reproduction rights? The right to found a family in United Nations’ disability policy since the 1970s

ABSTRACT

With the adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2006, disability as an issue of human rights and international law can no longer be ignored. The history of this convention can be traced back to the 1970s, when disability was framed in United Nations (UN) declarations as a human-rights issue at the global level. One of the recurrent topics of debate during this trajectory was the right of people with disabilities to found a family. This right was far from self-evident and was evaluated very differently by various stakeholders.

This study follows the right to have a family in UN disability policy since the 1970s. The history of the family in relation to disability at the global level has been a neglected field of enquiry compared to other concepts such as gender and race. This study investigates how and why the right to found a family was framed in the Declarations on the Rights of Mentally Disabled Persons (1971) and Disabled Persons (1975), the International Year of Disabled Persons (1981), the International Decade of Disabled Persons (1983 ? 1992), the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the UNCRPD in 2006.

The trajectory of the right of people with disabilities to found a family that emerges from these cases shows a change in the 1990s from a social-policy to a human-rights approach towards disability – which reflects a broader trend in global and local histories of human rights. In the case of reproductive rights of people with disabilities this change meant that the emphasis was laid more on providing a legal protection for the individual against the interference of others (so-called negative freedom) than on enhancing the opportunities for disabled people to practice their (positive) freedom.