沉默权：一个无法沉默的话题——从我国刑诉法“应当如实回答”谈起

我国刑诉法规定了犯罪嫌疑人面对审讯人员的审讯：“应当如实回答”的义务,使其在刑事诉讼中处于不利的地位。是否赋予犯罪嫌疑人沉默权,由“口供本位”转向“物证本位”,彻底改变目前的侦查模式,是我国刑事诉讼法修改的一个不容忽视的重要问题。     

探索征地制度改革 确保农民合法权益

征地工作事关国家经济建设和农民切身利益。随着工业化和城市化进程的加快,大量土地被征用。目前土地还是农民生存保障之本,征地过程中如何确保农民合法权益已成为迫在眉睫的问题题。该文通过分析中国征地制度存住的问题,从保护失地农民权益的角度,提出了要严格规范土地征用、完善补偿机制及规范土地交易市场等建议。     

(Re)centering street harassment – an appraisal of safe cities global initiative in Delhi,India

Abstract

In 2012, New Delhi (India) was catapulted into the global limelight for the brutal gang rape of a 23-year old woman travelling in a bus. This wasn’t the first time that sexual violence had been perpetrated on the streets of Delhi and nor would it be the last. Yet this universal fact of everyday violence in public spaces particularly streets, though acknowledged by activists and feminists, has been examined minimally in academic scholarship. Further, even though the United Nations has been instrumental in foregrounding gender-based violence as a critical human rights issue, it has only recently turned its attention to street harassment through its ‘Safe Cities Global Initiative’. Therefore, in this paper, we trace how a routine but understudied form of violence becomes central to United Nations’ agenda to eliminate violence against women. By specifically, analysing the Delhi Safe Cities programme as a case study, our second contribution lies in examining the adequacy of the contemporary Safe Cities framework as a model for addressing sexual violence in public space. We conclude the paper by offering critical conceptual and methodological recommendations to further strengthen the framework.     

How Do Developers Respond to Land Use Regulations? An Analysis of New Housing in Los Angeles

There is strong evidence that land use regulations constrain housing production. We know less about how real estate developers respond to specific zoning provisions. I compare the characteristics of new multifamily housing with baseline land use regulations in two sets of rail station areas in Los Angeles. I supplement this building-scale analysis with expert interviews. I find that developers were most sensitive to density restrictions and parking requirements. The average development in the Vermont/Western area had 112% of the maximum allowable residential density and 94% of the minimum required parking. Koreatown’s average development had 99% of the maximum density and 88% of the required parking. But, there was variation by area and whether a building was affordable or market rate, apartment or condominium, and by development size. Additionally, regulatory implementation can matter as much as the written regulations themselves. I recommend that cities take an evidence-based approach to reforming regulations and implementation processes.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Human rights and Nubian mobilisation in Egypt: towards recognition of indigeneity

How are global human rights localised in authoritarian societies? How and what human rights discourses are mobilised by indigenous peoples to further their demands? Building upon original fieldwork among Nubian activists in Egypt, this article explores the complexities regarding human rights framing through a discussion of recognition of Nubian indigeneity. The article finds that the history and political experience of Egypt’s Nubians bring about diverging opinions and also limitations as to how, and what, human rights frameworks rights claimants and their supporters are to employ. It argues that Egyptian nationalism not only affects how Nubian activists mobilise in general, but also helps explain the very limited appeals to a global discourse of human rights.     

The Victims’ Directive and What Victims Want From Restorative Justice

Following fierce campaigning by victims’ groups, the European Commission has entered into a process of legislative and policy reforms with the aim of repositioning the victim in criminal proceedings. By November 2015, member states will need to have demonstrated that they have modified their domestic laws to give effect to the Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. For the first time, restorative justice is explicitly regulated at EU legal level, as the Directive aims to establish a baseline for its safe implementation across member states. With this EU-wide policy backdrop and using original data, the article posits evidence-based recommendations for the implementation of the Directive. The research was carried out in 2013–14 as part of the “Restorative Justice in Europe” project co-financed by the European Commission. The research took place in the United Kingdom and combined desk research and qualitative research strategies with victims, while it triangulated its findings with follow-up surveys with offenders and professionals.     

发扬“工匠精神”对于振兴实体经济的现实意义

自2016年3月5日李克强总理作政府工作报告时首次正式提出"工匠精神"以来,党和国家领导人为振兴实体经济多次提出要发扬"工匠精神"。发扬"工匠精神"对于振兴实体经济有着重大的现实意义。我国实体经济在经济社会转型期表现出的发展缓慢问题,在国际市场上表现竞争力不强问题,根本原因之一就在于我国企业缺乏更多拥有"工匠精神"的高素质职工队伍。培育、关心尤其要大幅提高拥有"工匠精神"品牌职工的待遇和地位,是打造更多享誉世界的"中国品牌"的前提和基础。以弘扬"工匠精神"为目标的职工文化是振兴我国实体经济的有力抓手。     

Prevention,knowledge, justice: Robert Nozick and counterterrorism

ABSTRACT

This article explores questions of justice and moral permissibility of state action in counterterrorism through Robert Nozick’s Anarchy, State, and Utopia. Using the case of the Berlin attack in December of 2016 and the ensuing political debate over whether potential terrorists could be put into preventive custody as an illustrative example, it engages Nozick’s argument on prevention, knowledge and justice. In Nozick’s fierce defence of individual rights, the state comes into being as an aggregate of individuals and their inviolable rights, and thus possesses no moral legitimacy of its own. Individual rights must therefore not be violated for the sake of common goods. In conjunction with his emphasis on free will and the ensuing unpredictability of human decision-making, the article highlights the Nozickian position as a powerful account against the justification of preventive custody, thereby providing a moral “fail-safe” in counterterrorism discourses that build on just war theory and utilitarianism.     

Understanding contested women’s rights in development: the Latin American campaign for the humanisation of birth and the challenge of midwifery in Mexico

This article builds on the recent debates on human rights and development to discuss the case of reproductive rights and midwifery activism as part of the broader mobilisation for the humanisation of birth and against obstetric violence in Latin America and Mexico. Drawing on extensive fieldwork, the analysis shows how human rights continue to form a significant contentious and constructed terrain among women in the global South. The mobilisation for the humanisation of birth and against obstetric violence indicates how the clinical developmental view of reproductive rights is challenged by these activists as not necessarily safeguarding the rights of women during birth. In Mexico this campaign is essentially linked to the struggle to bring back and strengthen midwifery as a way of ensuring improved human rights in birth. The article concludes, however, that this campaign might be challenged by Indigenous rights in the near future.