“套路贷”犯罪罪数认定问题探析

“套路贷”犯罪触犯的基本罪名是诈骗罪。由于“索债”行为的多样性，同时又可能触犯寻衅滋事、强迫交易、敲诈勒索、抢劫或绑架等十余种罪名。认定罪数既要立足于法益保护，坚持全面评价，又要注重人权保障，禁止重复评价，还要符合认知规律，做到整体评价。行为人虚构事实、隐瞒真相，设立虚假债务后，通过滋扰、纠缠、哄闹、聚众造势等非法“索债”，目的行为和手段行为分别触犯不同罪名的，择重罪处罚；通过虚假诉讼非法“索债”的，择重罪从重处罚；通过暴力、胁迫、绑架等直接“索债”的，诈骗行为升级为抢劫、绑架等重度侵财犯罪；在侵财犯罪之外侵害被害人其他法益，构成犯罪的，数罪并罚。     

生命权、身体权、健康权的法定救助义务

生命权、身体权和健康权是自然人享有的最基本的人格权,应受到最大限度的保护。当自然人处于紧急危难状态时,负有法定紧急救助义务的组织或个人应履行紧急救助义务,否则需承担相应的法律责任。鼓励其他负有一般救助义务的主体进行紧急救助,妥善发挥好人条款的积极引导作用,对改善见死不救的不良社会风气,弘扬社会主义核心价值观必将产生积极的影响。     

反思与弃绝：“保钓”视野下唐文标的现代诗创作

唐文标早年颇具现代色彩的新诗创作中，就已潜藏着对现代主义抽象的超越、救赎精神的疑虑反思，并隐约可见现实关切、社会实践等思想特质，这为其后来参与“保钓”等左翼实践并最终与现代诗彻底决裂，埋下了思想的种子。在经受20世纪60年代后期欧美社会运动和“保钓”运动洗礼后，他将左翼的精神和理想带至台湾，其对现代诗的发难重新激起台湾思想文化上的左翼现实批判精神。因此，联系唐文标早期的现代诗创作活动，全面考察其左翼文学思想的发展历程，才能更深入把握左翼革命理想中激荡的种种对现实、历史、民族的深切寄托。     

论“忠真智勇”精神在警察院校大学语文教学中的渗透

“忠真智勇”既是湖南公安精神的重要组成部分，也是湖南警察学院的校训，对弘扬优秀校园文化、培养合格预备警官意义重大。教师在警察院校讲授大学语文课程的过程中，可以尝试围绕“忠”、“真”、“智”、“勇”四个主题进行单元教学。这样既能提高学生学习语文学科的兴趣，也能帮助他们更好地认识“忠真智勇”精神，为从警之路奠定基础。     

公共政策绩效损失的实证分析--以G省农业水价综合改革政策为例

绩效管理的核心目的是改进绩效,而绩效损失这一分析视角业已成为审视绩效生产与绩效提升的一个重要维度。以G省农业水价综合改革政策为例,对“治理缺陷型”和“价值偏离型”两类绩效损失的生成机理与影响因素进行分析。研究发现:两类绩效损失是在公共政策组织管理系统和公共价值建构系统中交互形成的,其公共价值因素与组织管理因素相互影响,共同作用于整体绩效损失的生成;其中,社会价值建构缺失构成了整体绩效损失生成的逻辑起点。此外,在绩效损失的生成过程中,经济发展水平和自然区位要素与其他影响因素耦合互动,并对绩效损失产生“放大效应”。未来应进一步开展相关的定量研究以探索绩效损失形成的关键区域,并提出具有针对性与可行性的矫正策略和治理路径。     

Constructing identities of “difference” and “resistance”: the politics of being Muslim and British

A number of existing academic researches exploring experiences and attitudes amongst the UK's Muslim population have highlighted the varied forms of discrimination encountered as a ‘‘fact of life’’ of minorities in contemporary Britain. The combination of prejudice, discrimination and exclusion appears to have heightened emphatic self-definitions of religious identity, often ruling out any proximity to being British. An ‘‘identity of difference’’ through asserted religio-cultural distinctiveness is usually interpreted as a response to compound racism; the combined effects of colour and cultural racism. Further, whilst colour racism is generally declining, there is an empirical reality of pervading anti-Asian cultural attitudes resulting in an increasing ‘‘identity of unbelongingness’’. The assertion of ‘‘Muslimness’’ in opposition to a discriminatory hegemonic British identity provides a universal ‘‘belongingness’’ which further undermines the national identity. This paper will explore the construction of identities of difference and resistance amongst British Yemeni Muslims based on findings from research recently undertaken.     

The Liberal Left Opts for Terror

For a century, intellectual debate on political violence has been dominated by efforts to romanticize the extremist and to invest him with the aura of the altruistic “freedom fighter.” It is astonishing that in the post-9/11 era, the terrorist's image continues to remain habitually mystified and ennobled, while terror attacks are justified as self-defense. “Terrorist discourse” is indicative of the universality of the intellectual position of the Left with regard to terror, national discrepancies notwithstanding. The present article evaluates leftist liberals' attitudes towards terrorism in the 20th-century Russian Empire, Europe, the U.S., and especially Israel—one of the epicenters of terrorism today. The article proposes to examine psychological responses to terrorism in conjunction with a range of contemporary reactions to threats, acknowledged or displaced with an assortment of mental constructs and rationalizations.     

In the name of king,country, and people on the Westminster model and Bhutan's constitutional transition

In 2008 Bhutan inaugurated a written constitution thereby instituting the state as a constitutional monarchy. The constitution is almost unanimously described as democratic by international media and academics. The ease with which this apparent consensus on its democratic character has been achieved, however, raises the important question of how best to approach the theory of constitutional democratization. In approaching the issue of democratization as a move towards popular control, this article discusses the ambivalence of the Bhutanese constitution towards this principle in a cultural context where social order is seen as constituted within the unity of king, country, and people. Curiously, this language is not as unique to Bhutan as one might expect, but influenced by the Westminster legacy in its emphasis on the principle of “Crown in Parliament”, its ritualization, and ideas of political inequality. It raises the question whether this model is suitable as a blueprint model for countries with different historic and cultural trajectories from the European ones? The article advocates a novel approach to the analysis of constitutional transition that transgresses the dichotomy between an institutional and linguistic approach, thus opening up interesting new insights on the waxing and waning of processes of expanding popular control.     

Inxeba (The Wound): Sexual,Gender, Cultural and Religious Traumata on the African Screen

Abstract

This article is divided into two distinct parts. The first part contextualises John Trengove’s internationally renowned, award-winning, feature-length isiXhosa film, Inxeba. The second part of the article is an interview with Batana Vundla, conducted by Mark Kirby-Hirst (Film Theory and Visual Discourse Subject Manager at The Open Window), held in mid-2018, shortly after the High Court’s decision was made public regarding the final classification of Inxeba. The interview ranges from Batana Vundla’s history in the South African film and television industries, to the production processes behind the scenes of the film and concludes with a focus on the nuanced manner through which the film often broaches a wide variety of physical and psychic traumata.     

The Tian Anmen massacre

The aftermath of the 2008 general election saw a series of upheavals occur in the Malaysian political landscape, not least of which was the emergence of a so-called “new politics.” Driven primarily by concerns over issues of public governance, this politics contained a set of interrelated questions involving changing notions of legitimate political authority. Although much has already been written about whether or not the post-2008 changes to Malaysia's socio-political terrain are genuine and enduring, I argue that many such analyses are too narrow in scope and fail to adequately recognise the complexity involved in such social realities. By distinguishing between the images and practices of the Malaysian state, this article aims to highlight the dynamic, contingent and contested nature of processes of legitimation. A detailed investigation of the consensus/dissensus surrounding Prime Minister Najib Razak's concept of 1Malaysia as the basis of a collective national identity reveals a more fundamental contestation occurring within contemporary Malaysian politics and society over the source(s) of political and moral legitimacy. While the opposition's challenge to Najib's administration remains formidable, of more pressing concern to Najib might be the objections arising from within his own party over the direction in which he is taking them. To define the present horizon of socio-political possibilities in Malaysia it is not enough, therefore, to simply explain how legitimation occurs; we must also be able to account for the way(s) in which it can occur.