人民检察院适用非法证据排除规则的程序化构建

2012《刑事诉讼法》及《人民检察院刑事诉讼规则（试行）》继《关于办理刑事案件排除非法证据若干问题的规定》之后对人民检察院在审前程序中适用非法证据排除规则作了相关的规定,这对于强化对侦查行为合法性的监督、保障犯罪嫌疑人的人权具有重要作用,但是当前的规定还是存在一些不足之处,这将制约其作用的发挥。因此,有必要对其进行“程序化”,构建专门的听证程序,明确相关的程序性规定,增强其可操作性。     

对尸骸犯罪问题研究——从全国首例“非法经营人类头骨案”说起

公共秩序与善良风俗是刑法所保护的社会法益的重要内容。2009年发生的"美籍华裔博士在中国收购人头骨倒卖"一案引发了众多争议,以何罪名定罪成为争议的焦点。法院判决确定的罪名为非法经营罪,属于破坏社会主义市场经济秩序罪大类中,该罪名强调违反行政手续或经营方式非法,而人类头骨本身属于禁止性的交易内容,因此以刑法分则第六章妨害社会管理秩序罪中的罪名来认定本案更为适当。人类骨骸是尸体蜕化后的另一种存在形式,保护骨骸的尊严在维护社会公序良俗的意义上与尸体有着同等的价值,因此应将倒卖人类头骨的行为认定为盗窃、侮辱尸体行为。     

El Control De Convencionalidad Y Su Relación Con El Sistema Constitucional Mexicano. Hacia Una Simple Actividad Protectora De Los Derechos Humanos

This article deals with subjects referent to constitutional control and conventionality control in Mexico and its respective aspects. Our study proposes an interpretative mechanic that touches the idea of monopoly in behalf of the state in the subject of recognizing and protecting human rights, to allow a wide vision where any authority or citizen are able to exercise a protective human rights activity. We also pretend to show the inadequacy, at the moment, of moving into a conventional supremacy, without leaving out the analysis of subjects relative to sovereignty and constitutional supremacy.     

Hacia un modelo de atención a la discapacidad basado en los derechos humanos

The social model of disability is presented as a new paradigm of the recent disability treatment, that has had theoretical and legal current development. It is a model that considers that the origins of disability are not either religious or scientific, but social in a great measure. From this new perspective, it is emphasized that the population with disability can contribute to the society in the same circumstances that the rest of the population, which integrates the society, all this from a valorization of the inclusion perspective and respect of diversity. This model is closely related with certain essential values which underline the human rights, such as human dignity, individual freedom and equality; all these conduce to a decrease of barriers and lead to a social inclusion that sets basis to principles as: personal autonomy, nondiscrimination, universal accessibility, environmental normalization, civil dialogue, inter alia. The premise is that disability is part of a social construction, and it is not the deficiency created by the society itself what limits and prevents people with disability to be included, to decide or to design autonomously their own life plan with opportunity equality.     

African Indigenous Knowledge Systems and Human Rights: Implications for Higher Education,Based on the South African Experience

ABSTRACT

Africa has rich traditions and knowledge systems founded on the principles of caring for one another and the spirit of mutual support embedded in the African philosophy of Ubuntu. These collective values tend to be marginalised in international human rights standards built on western values. The standards were developed without broad-based consultation of the different value systems in Africa. Therefore, in order to inspire sustainable implementation among diverse cultures, dialogue to develop universal human rights and obligations based on the diversity of cultures and ways of knowing is needed. Using South Africa's experience at two universities, the extent to which these institutions have attempted to incorporate African indigenous knowledge systems (AIKS) and human rights into the higher education curriculum is investigated. The implications for higher education and the human rights and development paradigms built on western knowledge systems are investigated. North-West University has been the pioneer of integrating AIKS into higher education in South Africa and is the only higher education institution in South Africa with an accredited IKS Teaching Programme at both undergraduate and postgraduate levels – which has been notably successful, albeit with some challenges. AIKS has also been integrated into research and teaching at the University of KwaZulu-Natal and has registered significant successes since 2012. The need to embed AIKS in the curriculum of higher education institutions is affirmed.     

African research and development surveys: Highlights from the South African success story

ABSTRACT

Science and technology have a major role to play in current and future developments on the African continent as a whole. With the vast array of developmental challenges, current thinking needs to be expanded, so that technologies provide increased and enhanced solutions, such that African scientists produce an African response to the very many shared challenges affecting Africa – both as individual nations and as regards African people collectively. Key to developing an integrated science and technology network, within and across nations, is firstly to understand the extent of research and development (R&D) currently undertaken within individual territories and on the continent as a whole. In light of this, the article examines the value and importance of national surveys of research and experimental development undertaken in Africa. Within the Southern Africa Development Community (SADC), many member states now have dedicated departments overseeing state science and technology (S&T) development initiatives. South Africa has the most developed science and technology system on the continent. In recent years, other SADC countries like Mozambique, Botswana and Namibia have initiated projects to measure R&D activities within their territories. Despite this, further North, R&D measurement on the continent is uncommon, both as a result and as a cause of underdevelopment.

The article explores the limited data from selected African R&D surveys in an attempt to understand measurement issues that exist and to detail the value and importance of mapping S&T systems and their applications to developmental issues in Africa. In countries like Algeria, Angola, Burkina Faso, Cameroon, Egypt, Ethiopia, Gabon, Ghana, Kenya, Lesotho, Malawi, Mali, Nigeria, Senegal, Tanzania, Uganda and Zambia, where S&T systems exist, effective means of measurement need to be established, so that the power of these systems can be harnessed, shared and exploited to benefit the African people. To this end, the African Science, Technology and Innovation Indicators (ASTII) initiative was set up at a meeting in Addis Ababa with the aim of delivering a survey of these countries’ R&D output and potential. This is eagerly awaited by the African S&T community.

At the forefront of African R&D measurement is the South African national R&D survey, administered by the Human Sciences Research Council (HSRC). Being an established survey, the South African team is often called upon by other African nations to support the setting up of surveys. The HSRC also trains visiting African scientists in the delivery of accurate and reliable R&D survey data. This article will, for the first time, present detailed results of the most recent South African national R&D survey (2008/2009), together with a trend analysis of historic South African R&D surveys.     

China's Relations with India's Neighbours: From Threat Avoidance to Alternative Development Opportunity

Abstract

China, once seen as a threat by the states of South Asia, is now viewed correctly as an alternative development opportunity. The unprecedented success of the Chinese development model places it as an obvious alternative to that offered by India—or indeed by the Western model of development—but what implications does this have for the middle and small powers that surround India, and indeed for India and the Western developed world? The fundamental rationale for China's relations with South Asia has changed radically, but the Sino-centric nature of Chinese foreign policy remains. Uniquely, for India's neighbours, but also for the global political economy as a whole, Chinese economic power raises political issues of human security, economic interdependence, and the relationship between physical infrastructure and the benefits of global public goods. The Chinese necessity to tranship through South Asia is identified as a complex new reality for the great power.     

我国刑事赔偿制度的完善

刑事赔偿是对公民权利进行救济的最后屏障,在归责原则上经历了过错原则到无过错原则的演进,体现了对国家责任的认可.我国已经颁布了统一的《国家赔偿法》,侵犯人身权之刑事赔偿得以广泛关注,但侵犯财产权之刑事赔偿尚存在诸多问题,在财产权被宪法确认为公民的一项基本权利后,完善我国刑事赔偿势在必行.刑事赔偿制度既包括对实体性要件的界定,如刑事赔偿参与主体、赔偿范围、赔偿标准和方式;也包括程序性规范的具体设计,即狭义的刑事赔偿程序和追偿程序.     

论规制堕胎行为的考量

堕胎的问题,无论是医学伦理学还是生命伦理学抑或在法学领域内已早有讨论,但对胎儿是否为"人"或"位格之属性"尚未有定论。再者,就胎儿和孕妇关系而言,从"位格"特性之实体性、关系性、目的性分析了作为合二为一的"独立性实体"与"关系性实体"之间的关系,作为"关系实体"的胎儿应受到应有的尊重。德国联邦宪法法院坚持国家利益的立场,限制堕胎行为,对自由堕胎行为进行了规制,但也存在例外情形;美国堕胎案中,最高法院在韦德案秉持的是一种自由主义,堕胎是孕妇的一项宪法所保护的隐私权,而在凯瑟案中最高法院采取了限制堕胎自由,国家为了保护潜在的生命,可以限制堕胎。自此,堕胎自由式微,国家对胎儿有保护义务。