从相互协助到相互承认——欧盟刑事取证立法变迁探析

欧盟刑事取证立法建立在两个不同原则上,一是传统的相互协助基础上的立法,一是1999年坦佩雷会议后,相互承认基础上的立法;这两种立法在欧盟范围内并存。从未来发展看,相互承认基础上的立法将逐步取代相互协助基础上的立法。欧盟理事会2008年12月通过的《欧盟证据令》是欧盟在相互承认基础上取代原有刑事取证立法的第一步,对原有立法进行了制度性革新。欧盟刑事取证立法在取得显著进步的同时,在相互承认原则和公民基本权利保障等方面也面临着诸多挑战。     

以人为本从优待警--新形势下上海公安机关从优待警的探索与实践

“从优待警”是公安队伍建设的战略举措。上海公安机关把“从优待警”作为队伍建设的中心内容来抓,从优化民警的执法环境、改进民警的工作环境和完善民警的生活环境等三方面入手,落实“从优待警”的具体措施。     

The Ambiguity of Love: Beauvoir,Honneth and Arendt on the Relation Between Recognition,Power and Violence

The paper sketches out an account of ambiguous and agonistic love by drawing on the work of Simone de Beauvoir, Axel Honneth and Hannah Arendt. To begin with, I reconstruct the ambiguity of love within the conceptual framework of a paradigm of recognition. I argue further that the social relation of love, understood as an intertwine between dependence and independence, entails a power dynamic. Insofar as the dynamic actualises as “power in concert” or “power with”, namely as mutual empowerment, love unfolds as free love. Finally, I show how agonistic love is damaged by turning into violent domination.     

卫生法学专业设置现状及人才培养模式探讨

本文对国内外卫生法学专业设置的现状进行了介绍和分析，并从适应医疗卫生事业发展、满足卫生执法实际需要的角度出发，对卫生执法人才的培养模式进行了探讨，提出了最佳的解决方案。     

Why Overcoming Prejudice is Not Enough: A Rejoinder to Richard Rorty

Abstract

Misrecognition, taken seriously as unjust social subordination, cannot be remedied by eliminating prejudice alone. In this rejoinder to Richard Rorty, it is argued that a politics of recognition and a politics of redistribution can and should be combined. However, an identity politics that displaces redistribution and reifies group differences is deeply flawed. Here, instead, an alternative ‘status’ model of recognition politics is offered that encourages struggles to overcome status subordination and fosters parity of participation. Integrating this politics of recognition with redistribution enables a coherent Left vision that could redress injustices of culture and of political economy simultaneously.     

The Two Sides of Recognition: Gender Justice and the Pluralization of Social Esteem

Abstract

This article seeks to sketch the contours of a good society, distinguished by its gender justice and the plural recognition of egalitarian difference. I begin by reconstructing Nancy Fraser's arguments highlighting the link between distributive justice and relations of recognition, in particular as it applies to gender justice. In a second step, I show that the debate on the politics of recognition has confirmed what empirical analyses already indicated, namely that Fraser's status model takes too reductive a stance towards the identity-constituting effects of relations of recognition. The simple demand that identities be recognized, however, glosses over the paradox of recognition, which arises out of the ambiguity between the demand for equal respect and the demand for the recognition of difference. This paradox cannot be resolved unless one takes into consideration the compensatory effect of value pluralism, that is, the inherent pluralism of recognition, well captured in the notion of "egalitarian difference".     

Eyewitness Memory in Context: Toward a Taxonomy of Eyewitness Error

Although eyewitness memory and identification have captured substantial research interest in the past decades, an understanding of the types and prevalence of errors typically made by eyewitnesses is lacking. The purpose of the present research was to begin the development of a taxonomy of eyewitness error, employing standardized stimuli and established techniques. Respondents were exposed to a crime scene modeled on SWAT-training scenarios for systematically varied exposure times, and were then asked to describe what they had seen. The stimuli and questions employed were prepared with the aid of senior police field training officers. As anticipated, eyewitness performance in general was subject to a variety of inaccuracies. Physical errors, such as mistakes in the clothing or physical characteristics of the perpetrator, or in details of the environmental context, predominated. However, other less-expected errors were also observed: in relatively low numbers of cases, witnesses inferred emotional states or intent on the part of the perpetrator or victim. Some contributed wholly artificial backstories, reported the future actions of the perpetrator or victim as memories, or even inserted themselves into the scene. The pattern of results was shown to interact with exposure time, gender of the perpetrator, and the presence or absence of weapons in the scene. The results of this study are consistent with reconfigurative theory dating to Bartlett (1932), with subsequent research, and with more recent work under the aegis of Gestalt/Feature-Intensive Processing theory. These findings provide information on types and prevalence of eyewitness error which should prove useful in investigative and courtroom settings.     

La mediación en casos de sustracción internacional de menores por uno de los progenitores y los acuerdos voluntarios Transfronterizos: El Caso Mexicano

The general goal of the present article is to provide a way of reasoning through a series of conclusions that may contribute to foster a frequently overlooked topic in Private International Law, we refer to the acknowledgement and enforcement of voluntary cross-border family agreements that may as well result in the creation of Soft Law instruments, such as the Guidelines for good practice in mediation. These are definitely enough reasons to try to spare children from irreversible damage arising from international family conflicts that could be mitigated — if not altogether deactivated— through cross-border voluntary agreements, acknowledged and enforced in all jurisdictions involved.     

Radiographic Recognition of Dental Implants as an Aid to Identifying the Deceased

Abstract:  This study was undertaken to determine if dental implants can be radiographically differentiated by company type to aid forensic identification of the deceased. Recognition of dental implants on intraoral radiographic images was assessed in a blind study using a radiographic examination guide to highlight differences between dental implants. Inter- and intra-examiner comparisons were conducted and a computer program (Implant Recognition System^®) was evaluated to see whether it improved the accuracy of implant recognition. The study found that dental implants could be radiographically differentiated by company type. The Implant Recognition System^® in its current form was of little benefit for radiographic assessment of dental implants for forensic odontologists. Prior knowledge of implant types, with a McNemar's statistical value of 92.9, proved to be most significant in identification.     

Jurisdictional issues and the internet – a brief overview 2.0

Issues of Internet jurisdiction remain a key challenge for the application of law to the online environment. Despite of a large volume of academic writings on the topic, these issues continue to be perceived as complex and inaccessible. This article aims to provide an accessible introduction to private international law as it applies to the Internet. As such, it is hoped that it may be a useful resource for courses in IT law, Internet law, e-commerce law or the like, as well as for anyone looking to refresh their understanding of exactly what it is that people are struggling with in the field we may call Internet jurisdiction.