金正恩时代的朝鲜和图们江区域的中俄朝合作

朝鲜的稳定发展和朝鲜半岛的无核化,符合我国利益。西方力图颠覆朝鲜政权。朝鲜政权能够生存,关键在于高层领导内部的求同存异、精诚团结,并得益于有效地强化政治教育、对西方渗透的严防死守。金正恩成为领袖,将集全权于一身,独自领导朝鲜。朝鲜的经济体制正在发生变化,"中产阶级"的代表已经出现,原始的资本主义方式成为许多朝鲜人谋生的手段。金正恩需要改变朝鲜的贫穷状况,让人民富裕,出现了改革的舆论和迹象。近年,中俄两国均积极采取措施帮助朝鲜改善管理制度、培育造血功能。中朝共同开发、共同管理罗先区和黄金坪、威化岛,俄罗斯推出俄朝韩三方合作新模式。目前朝鲜投资风险大,预期回报率低。建议中俄应排除干扰,求同存异,积极探索互相配合、分担和分摊风险、减轻负担,有利各方的合作途径。充分发挥中国政府的图们江开发战略和中俄两国元首签署的区域合作规划战略的作用,进一步深入开展合作。     

Intangible heritage: traditional medicine and knowledge governance

Legal context: Although traditional medicine constitutes a component part ofthe identity of the cultural communities concerned, this formof intangible cultural heritage is vulnerable in a globalizingworld where little place is left for the protection of beliefsystems. Key points: While much has been written on traditional knowledge and IPrights, less scholarly attention has focused on the culturaldimension of traditional medicine. Further, no solution hasbeen reached on the best way to ensure its protection. Thiscontribution attempts to establish a linkage between differentsectors of international law, addressing the complex interplaybetween traditional medicine, intended as a special form ofintangible cultural heritage, and international knowledge governance. While the TRIPS Agreement adopts only proprietary approachesto knowledge governance, it has been questioned whether, inthe case of pharmaceuticals, other non-proprietary approacheswould be preferable. Different approaches will be put forwardand the Draft Treaty on Medical Research and Development willbe considered. This would provide a better framework for safeguardingand diffusing traditional medicine. Practical significance: Protecting and promoting traditional medicine may help curingdiseases spread all over the world. Thus, beyond its culturalaspects, the practical importance of traditional medicine liesin its capacity to promote the right to health and human dignity.     

Environmental Governance: The Role of Institutions in Causing and Confronting Environmental Problems

This article describes and explains in accessible terms major findings arising from the work of the long-term international research project on the Institutional Dimensions of Global Environmental Change (IDGEC). In analyzing the roles institutions play in both causing and confronting environmental problems, the project directs attention to three analytic themes – known as the problems of fit, interplay, and scale – and seeks to illuminate these concerns through empirical studies of marine, terrestrial, and atmospheric systems. IDGEC science has highlighted the pervasiveness of institutional misfits and begun to identify the reasons why misfits often prove difficult to eliminate, even when their existence becomes widely known. Research conducted under the auspices of the project demonstrates the growing impact of national and even international institutions on the effectiveness of local resource regimes. Similarly, IDGEC research has identified reasons why policy instruments that work well at the national level (e.g., tradable permits) are frequently difficult or impossible to transfer to the international level. To make the discussion of these findings concrete, the project has explored the problem of fit with particular reference to the performance of Exclusive Economic Zones, the problem of interplay through an analysis of the fate of tropical forests, and the problem of scale through an account of the limits of emissions trading as a policy instrument in the climate change regime.     

论记者拒证特权与消息来源保密义务

很多国家的法律及新闻职业伦理规范普遍规定了记者的消息来源保密义务和司法上的消息来源拒证特权,而在我国并没有规定,基于表达自由这一国际社会公认的基本价值,对该问题立法上应予以充分重视。     

分歧与和谐:析WTO争端解决机制的法律适用

关于WTO争端解决机制的法律适用问题,目前学术界存在“并入说”与“自足说”之争。两种学说分歧实质在于WTO法的属性是开放性还是自足性。从WTO争端解决机制发展而言,似应取两种学说之长,这一方面可以使DSB有效解决成员方之间的贸易争端;另一方面可以使DSB的裁决报告受到WTO成员方更广泛的接受,从而使WTO法随着时代的发展而与时俱进。     

Supervision Intensity and Parole Outcomes: A Competing Risks Approach to Criminal and Technical Parole Violations

Recent scholarship about parole supervision indicates that higher supervision intensity is associated with an increased risk of parole violations. However, parole violations can take many forms—some minor and some serious—and theory suggests that supervision intensity might have differential effects depending upon the type of violation. We use “competing risks” survival models to identify supervision effects on five types of parole violations among 79,082 individuals released from prison in California: absconding, technical violations, drug use, violent offenses, and sexual offenses. We find that supervision effects are strongest for absconding violations. Past sexual offending also triggers significant supervision effects for technical violations, drug use violations, and violent violations. We conclude that parole violation patterns are influenced by parolee behaviors, the amount of attention the state is paying to those behaviors, and official markers of criminal dangerousness that are attached to particular parolees.     

Infiltration and the making of Israel's emotional regime in the state's early years

After the 1948 war, the cease-fire lines between Israel and its neighbours remained porous. Palestinian refugees crossed the borders. Some returned to cultivate their fields; others crossed the border as thieves. Some intended to murder Israelis and wreak terror. Most of the refugees who made their way into Israel were not violent, but their presence frightened Jewish civilians living in frontier regions. Policy-makers and cultural agents of the social elite mobilized to mould the threatened population into Israelis who could display fortitude. The article analyzes the emotional regime the Israeli state sought to inculcate and the desirable and undesirable outcomes of this policy.     

论政府官员隐私权的有限性

隐私权是一种宪法权利 ,公民隐私权受到法律的保护是现代文明的重要体现。但是法律保护隐私权的程度又因权利主体的差异而存在差异 ,政府官员作为公共权力的行使者和公共利益的代表 ,其所享受的隐私权边界相对来说小于普通公民。政府官员隐私权的有限性体现了现代民主政治的应有之义。     

Post-Cold War Vietnam: stay low,learn, adapt and try to have fun – but what about the party?†

The paper compares political ideas and acts in the Soviet Union under Gorbachev and in Communist Vietnam. It argues that the Gorbachev group, committed to progressive change, concluded that power granted to them by their position in the Soviet system needed to be eliminated, creating a ‘boot strap’ problem. To secure progressive change they had first to destroy their own power base. By contrast, the ruling Vietnamese Communist Party (VCP) attempted, in the two decades after the emergence of a market economy in 1989–1991, to rule an increasingly open society through Soviet political institutions. By the late ‘noughties’ Vietnam faced a crisis of domestic sovereignty, with politics largely a matter of spoils, with policy largely irrelevant and unimplementable, and usually blocked by powerful interests. The paper argues that Hinsley's notion of the sovereignty issue makes this situation far easier to analyse. It argues that the Gorbachev group's analysis would have led to them predicting that the VCP's attempt to use Soviet institutions to rule over a globalising and increasingly open society with a market economy would lead to a crisis of political authority, and that they would have been correct. This leads to the counter-intuitive position that the Communist Party of the Soviet Union was a success ? in that it managed to solve a serious political problem, i.e. how to create the preconditions for a political system suited to a market economy in a relatively open society – and the VCP a failure.     

进步与不足：新刑事诉讼法技术侦查措施规定之反思

在新刑事诉讼法中规定技术侦查措施有重要意义。其进步之处是体现了重罪原则、人权保护原则、程序法定原则和必要性原则。其不足的地方是概念不清,条件范围不明确,适用程序模糊,缺乏明确的监督救济程序,对隐藏身份及控制下交付的秘密侦查规定过于原则和抽象,有关技术侦查措施所获得证据庭外核实的规定不足。要坚持合目的性、手段节制原则、程序法定原则。同时,要通过司法解释明确适用程序、救济程序和监督程序。