论"非羁押式强制措施"的刑期折抵——以权利保障为视角

我国的刑事法律仅规定"羁押"的日期应当在被告人被判处的自由刑中予以折抵,而将取保候审、监视居住这样的"非羁押式强制措施"限制人身自由的日期排除于折抵刑期之外.从刑事司法公正、被追诉人的权利保障及权利与义务的对等性三方面论述"非羁押式强制措施"应予折抵刑期的合理性和正当性,并提出具体的立法建议.     

On our terms! How domestic elites localised the International Commission Against Impunity in Guatemala

Abstract

In summer 2004, an UN-sponsored international rule of law commission based on an initiative of the Guatemalan human rights community was rejected by Guatemalan political elites. In 2007, a new version, the International Commission against Impunity (CICIG), was approved by the Guatemalan Congress and has since been active in the country, supporting the modernisation of the Guatemalan judicial system and the investigation and prosecution of criminal networks. The CICIG has been hailed as part of a new generation of rule of law promotion that addresses the problems of post-conflict states. How did this change in elite support come about? Neither increased pressure from the international community nor changes in the elite groups in power can fully explain this shift. Rather, Guatemalan elites actively reshaped the commission; in addition, the human rights community reframed it to better fit the risk perceptions of the general public.     

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。     

The Totalisation of Human Social Practice: Open Marxists and Capitalist Social Relations, Foucauldians and Power Relations

This article critiques Open Marxism for an ontology which totalises human social practice—for Open Marxists, capitalist social relations are the singular constitutive source of human activity. Such a stance is superficially attractive yet ultimately inadequate, and I reinforce my case by demonstrating how other critical approaches—in this article, Foucauldian perspectives on power—suffer from similar deficiencies. Thus there is a need to resist the temptation of claiming to know how human social practice can be understood with recourse to a singular aspect (no matter how important) of such practice. I conclude that an excellent example of how to avoid such pitfalls is provided by Antonio Gramsci's writings, for they acknowledge the multifaceted yet nevertheless anchored existence lived by humans in capitalist societies.     

Human Security and Constructivism

This article explores the concept of "human security" as an academic and fledgling policy movement that seeks to place the individual—or people collectively—as the referent of security. It does this against a background of evolving transnational norms relating to security and governance, and the development of scientific understanding that challenges orthodox conceptions of security. It suggests that human security is not a coherent or objective school of thought. Rather, there are different, and sometimes competing, conceptions of human security that may reflect different sociological/cultural and geostrategic orientations. The article argues that the emergence of the concept of human security—as a broad, multifaceted, and evolving conception of security—rreflects the impact of values and norms on international relations. It also embraces a range of alliances, actors, and agendas that have taken us beyond the traditional scope of international politics and diplomacy. As a demonstration of change in international relations, of evolving identities and interests, this is best explained with reference to "social constructivist" thought, in contradistinction with the structural realist mainstream of international relations. In a constructivist vein, the article suggests that empirical research is already building a case in support of human security thinking that is, slowly, being acknowledged by decision-makers, against the logic of realist determinism.     

(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.     

Recruitment and selection practices among non-governmental organizations (NGOs) in Ghana

Taking into consideration the eugenic nature and perspective of high-performance human resource management functions on organizational effectiveness, the authors examined managerial and employee level of recruitment and selection on operational performance with emphasis on human capital and three indicators of organizational commitment (affective, normative, and continuous) as mediators. Questionnaires totaling 282, 122 for managerial level and 160 for employee level, were administered. A multilevel analysis of data were conducted on a selected number of Ghanaian NGOs using Statistical Package for Social Sciences (SPSS). The study revealed that recruitment and selection ideally leads to improved operational performance, however, this affiliation can be enhanced through the inescapable role of human capital and the three commitment indicators (affective, normative, and continuous). It was also exposed that effective recruitment and selection leads to a desirable employee’s level of affective, normative and continuous commitment, which also have greater influence on the operational performance. The study is thus considered very significant contextual support to existing literature and practitioners since not much of such work has been done in the Ghanaian context. Therefore, the current study implicates recruitment and selection, human capital, and the three commitment levels as a core value-creating ability that drives non-governmental organizations performance.     

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.     

产业转型中内部劳动力市场的优化对新生代农民工人力资本提升的影响研究

在经济发展新常态背景下,我国产业转型升级和经济增长质量都要求劳动力具备转型所需的创造性、技能性等特征。新生代农民工作为农村劳动力转移的主体,同时也是承担产业转型的直接参与者,这部分劳动力的质量对我国产业转型升级以及广大中小企业的可持续发展有重要的影响作用。但目前,新生代农民工较低的人力资本水平已经明显成为阻碍产业转型、技术创新、企业发展的主要障碍。因此,在分析产业转型过程中新生代农民工人力资本提升效应的基础上,着重从企业内部劳动力市场的机理进行分析,构建内部劳动力市场效率模型,并基于调查数据的实证分析,以探究内部劳动力市场优化对新生代农民工人力资本提升的影响路径。     

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.