对和谐社会构建中先进文化的重新审视

加强先进文化建设,既是社会主义和谐社会建设的必然要求,也是先进文化建设的职责所在。先进文化建设最根本的职责是培育社会主义和谐社会的建设者;先进文化建设的其他职责还有为构建社会主义和谐社会提供智力支持,形成有利于和谐社会的价值认同和价值导向,为和谐社会建设提供共同理想和精神支撑,为构建和谐社会营造安定有序的社会环境。     

现代性话语中的责任伦理——汉斯·约纳斯对技术时代的形而上批判

德裔美籍哲学家汉斯.约纳斯深刻地感受到现代技术文明为人类带来的诸多隐患,首次提出为自然的未来以及人类的未来负责的责任伦理学,可谓变革传统伦理学的一个新尝试。从思想渊源方面而言,约纳斯的责任伦理主要继承并扬弃了康德及海德格尔的大量思想资源。从体系内容方面而言,可将责任伦理的具体内涵概括为四个方面,在此基础上可归纳责任伦理作为一种未来学的四个特征。     

R2P: “State of Play”

Abstract

Is R2P the most effective tool the international community has to prevent genocide, or the newest neo-imperial norm perpetuated by the most powerful states? In a dramatic performance of the key debates within R2P, each of these views is presented before Aristotlean and Tocquevillean insights are drawn upon to find a middle ground rooted in citizen resistance against mass atrocity crimes. R2P can both become a more effective tool of prevention and gain needed political legitimacy by drawing on the rich historical tradition of citizen resistance to empower local actors defying regimes engaged in mass atrocity crimes.     

Active in Not Being Active (AINBA): how East Asian powers accept R2P

This article explores and compares the positions of two major powers in East Asia—China and Japan—towards the ‘Responsibility to Protect’ (R2P) norm. R2P calls for collective international responsibility in the event that states are unwilling or unable to protect their people. Evaluating the mainstream argument in the literature that China and Japan have recently been welcoming the R2P norm, we ask the following questions: To what extent have China and Japan aligned themselves with R2P? How do international and national factors play out to influence their R2P stance? To summarize our findings up front: unlike what much of the current literature says, China and Japan's acceptance and practice of the R2P norm are largely pro forma. We argue that they both appear active in participating in the debates but only in order to remain inactive. In other words, they are active participants in the debates and discussions on R2P, but their aim is not to further its usage but to contain its effects. Their current stance on R2P is characterized by what we will call ‘Active in Not Being Active’ (AINBA). The article discusses the key sources and rationale for their AINBA policy with regard to R2P.     

Security challenges and institutional responses: An Austrian perspective

Common wisdom is that NATO's future hinges solely on the outcome of the International Security Assistance Force mission in Afghanistan. While the state of Afghanistan will impact the future of the Alliance for better or for worse, it will not be the sole or even primary factor to influence the future of NATO. In many ways, Afghanistan has become an excuse for the Alliance to ignore some of the in-built problems of the organisation. The allies' inability to define clearly the nature of the Alliance and its core missions, a lack of capability and poor funding, topped off by exceedingly weak and troubled relations with other international organisations, particularly the European Union, all pose significant challenges that the alliance must address to remain relevant, coherent, and equipped to engage effectually in future operations.     

民事诉讼中的证据与证明

本文试图把证据涉及到的基本概念加以结构化、体系化;结合认识论和程序阶段两个角度,对证明的过程及结构进行深度阐释,并为了达到“一目了然”的效果而将这些内容归纳到某个模式图中。本文不强调定义的精确和理论的新颖,而着力于尽可能紧扣我国民事审判实务的具体场境,去尝试较系统地整理相关的基础知识。     

Sweat or No Sweat: Foreign Workers in the Garment Industry in Malaysia

In the last decade factory owners, in response to brand-name Corporate Social Responsibility (CSR) parameters, have joined associations that verify (through a monitoring and audit system) that management does not exploit labour. There have been no reports of violations of codes of conduct concerning Malaysian workers but for foreign workers on contract there are certain areas that have been reported. These areas, including trade union membership, the withholding of workers' passports and unsuitable accommodation, generally escape notice because auditors who monitor factory compliance do not question the terms of contracts as long as they comply with national labour standards. This paper is based on research with foreign workers in Malaysia and argues that despite the success of the anti-sweatshop movement in a global context, the neo-liberal state in Malaysia continues to place certain restrictions on transnational labour migrants which breach garment industry codes of conduct. Available evidence does not support the assumption that CSR practices provide sufficient protection for both citizen and foreign workers on contract in the garment industry.     

Onwards and Sidewards? The Curious Case of the Responsibility to Protect and Mass Violence in Africa

This article approaches Responsibility to Protect (R2P) from the ground up. Selecting African cases of mass atrocity in the age of R2P, it identifies key general features of contemporary violence. The article goes on to consider the nature and extent of R2P practice in each case. The argument is that R2P engagements in these conflicts display a mixture of weakness and irrelevance. The result of this is that R2P has failed significantly to reduce human suffering in any of the cases dealt with. The article notes that this clear failure does not seem to perturb the mainstream of academic R2P discourses, which, although critical at times, remain confident that R2P is making some difference and represents the best way forward. The article explores how this kind of discourse is propounded in the scholarly work on R2P. This leads us towards an argument that R2P as a discourse and international project can run in parallel with continuing mass suffering in African civil wars without being profoundly troubled.     

刑事证明责任的含义及其相关问题

刑事证明责任是指在审判终结时,案件的某一要件事实处于真伪不明的状态,由控辩双方的哪一方来承担因此事实不明而带来的实体法上的不利后果。基于此就可得出如下结论:证明责任以证明落空为前提,与控辩双方在审判中的具体证明活动没有关联;证明责任的负担者与证明主体并不一致;证明责任是法院用来克服真伪不明并依法做出裁判的“最后手段”,所以法院绝不会成为证明责任的负担者。     

检察官办案责任制改革的进路分析——兼对主任检察官制度的反思

主诉(办)检察官制度没有解决检察行政化问题,改革收效有限。为进一步推进检察官的办案责任制,祖国大陆试行主任检察官制度改革:主任检察官是独立办案主体,对本办公室(办公组)内的所有检察业务负责。然而,与我国台湾地区的制度原型比较,祖国大陆主任制的功能定位有误,承办检察官独立司法人格仍未形成,主任检察官与部门负责人的关系并不明朗;主任检察官的身份待遇重保障而轻制约。检察官办案责任制改革的关键在于解决检察行政化问题,这要求检察院人员分类管理,取消业务部门的行政管理层,进一步明确承办检察官的独立地位,业务序列增设主任检察官,协助检察长进行监督。