对“消灭前科”呼吁的思考

在我国，理论界众多学者强烈呼吁建立前科消灭制度，实践中也有地方进行了尝试。然而，尽管轻刑化是我国未来刑罚立法的必然趋势，但由于国情的不同，当前建立类似于前科消灭制度的轻刑化制度的时机还不成熟。而且，前科并不是刑满释放者再社会化的唯一障碍，前科消灭还会与档案的真实性本质发生冲突。     

唯利主义·非利主义·利益人

科学的利益概念是利益观念分析的基础。唯利主义和非利主义是现实存在的各种错误利益观念的极端表现和理论抽象,二者之间存在着辩证的联系。利益人的正当性可以从人类本性、常识和思想史三个层面同时得到体现。唯利主义和非利主义对利益作用“过”与“不及”的认识,是利益人的正当性被忽视的主要表现。由此得出来的一个现实结论就是,要大力培育出合理的利益人群体。     

Repair,stigmatisation or tolerance? Former girl soldiers’ experience of their ‘homecoming’

This paper examines how 12 former girl soldiers in eastern Congo experience their social reintegration back into their families and communities. A successful social reintegration process is conceptualised as one which involves repaired relationships characterised by positive emotions towards and social acceptance of former girl soldiers. Dijker and Koomen’s theory on social control mechanisms is used to analyse the data, and attitudes and treatment experienced by the girls are categorised as repair, stigmatisation or tolerance. Individual interviews with former girl soldiers paint a picture of a homecoming characterised by frequent stigmatisation, some repair and little tolerance both from family and community. Although some repair processes are taking place, many former girl soldiers experience being perceived as a threat to social norms as well as to health and safety. This may partly be explained by the devastating imprint war and armed conflict frequently leaves on people and societies. War appears to breed more authoritarian values and fearful responses to objectionable or deviant behaviour and conditions, and seems to put collective values of caring and sharing under pressure.     

The problem of past emissions and intergenerational debts

The problem of past emissions – how to share fairly the costs of climate-changing emissions caused by polluters who are no longer in existence – presents an increasingly pressing challenge to scholars and policy-makers. Since standard contribution-based principles are inapplicable when it comes to past emissions, theorists have instead proposed various non-contribution-based historical principles. This paper develops such a principle – the Inherited Debt Principle – which seeks to account for the intuition that historical injustice matters to current duties in a way that does not appeal to the counterfactual benefits derived from that injustice. This principle, it is argued, offers a surprisingly plausible solution to the problem of past emissions.     

Searching for Certainty: Rugby and Male Identity in a Former Model C School

This essay investigates the significance of rugby in a former “Model C” high school in South Africa. It examines the ideological and practical connections between rugby and disciplinary practices in this school under apartheid, and it traces those connections to the present day. By doing so, it argues that rugby owes much of its contemporary importance in such schools to the fact that parents, teachers, and coaches can watch as boys respond to the sport’s combination of immediacy and violence. In an era of desegregation and changing educational regulations, rugby’s structural dependence on immediacy and violence allows the sport’s disciplinary potential to remain tantalizingly stable and definitive. Recent concerns about “the scourge of steroids” in school rugby and schoolboys “playing for professional scouts rather than for their school,” however, present new threats to rugby’s apparent stability. These concerns are not random. Rather, they are born of a specific combination of the agentive decisions of schoolboys, the intense importance that adults place on rugby, and the economic and social contradictions that sustain former “Model C” schools. As such, this essay argues that the performance of schoolboy rugby produces an unexpected result in post-apartheid era: the greater the sport’s importance in these schools, and the more parents, teachers, and administrators depend on rugby for displays of discipline and certainty, the starker and more troubling the social contradictions within these schools could become.     

信托受益权转让融资风险之法律分析

在中国近年金融快速发展的过程中,银行与其他金融机构合作,创造出一系列的金融创新手段与创新产品。利用信托受益权转让进行融资,满足了企业的融资需求与消费者的投资需求,同时给金融监管带来了新的挑战和压力。如何在金融创新中把握金融监管的方向与力度,使金融监管服务于金融创新,并在促进金融创新的同时,控制创新所带来的风险,是值得关注的一个问题。从信托受益权转让这一融资模式出发,以小见大,或能为金融监管与金融创新的权衡提供借鉴。     

Challenges to democracy building and the role of civil society

This article addresses the issue of the challenges of democracy building and the role of civil society in this process by focusing on three countries in southeastern Europe, Albania, Bulgaria, and the Former Yugoslav Republic of Macedonia. Since the 1990s, when these three post-communist states undertook the democratization process, formidable challenges and obstacles to the democratization process have been encountered by all three states which facilitates a comparative analysis, while differences remain as well, especially since Bulgaria became a member of the European Union in 2007. The development of an indigenous civil society is perceived as both a necessary prerequisite for a qualitative democracy to develop and be maintained in these societies, and as a project under construction that needs to be culturally contextualized to be relevant to the population it purports to serve.     

论见义勇为受益人的民事责任

当不存在侵权人、侵权人未被抓获或者侵权人无力赔偿时,见义勇为受益人民事责任的承担,在法律适用上面临无因管理与公平责任的双重选择。但是当受益人没有受益或者受益较小时,若适用无因管理,则受益人将承担过大的民事责任;当见义勇为的损害远大于受益人的受益时,若选择公平责任,则见义勇为者将得不到足够的损失补偿。因此提出受益人应当采取广义,承担全面赔偿的责任,其中具体受益人承担公平责任,国家承担补充赔偿责任。     

论债权人撤销权

债权人的撤销权作为债的保全措施之一,对保障债权人的债权,平衡各方利益和维护流通秩序发挥着重要作用。本文首先介绍了撤销权制度的产生及其发展情况,然后就撤销权的行使及其与债的其他保障制度的区别作出了论述。