香港民事侵权刍议

香港民事侵权分为侵犯和非故意干扰两类,对民事侵权的救济可以是法外的,也可以是经过法庭裁定的。在民事侵权诉讼中的被告,可以提出免责理由为其辩护以达到免除责任的目的。可以对香港地区民事侵权的含义、种类、救济手段以及答辩等法律规定予以借鉴。     

In search of real justice for Africa and Africans,and her/their descendants in a world of justice,injustices and impunity

Abstract

The quest for justice by Africans and peoples of African descent, wherever they may be in the world, is arguably one of the most daunting mental, psychological, moral, legal and material challenges facing humanity in general, and the peoples of Africa in particular. It is a question of whether African peoples demand justice for the wrongs committed against Africa and its peoples over the last 500 years, or whether Africa and African peoples accept complicity in the global impunity enjoyed by the perpetrators of those injustices, and by doing so diminish the significance of contemporary enthusiasm for global justice. Centralising the question of impunity to date for horrendous crimes, gross human and peoples’ rights violations and other injustices against Africa and Africans is not meant to distract Africans in Africa and the diaspora from the quest, in the 21^st century, for a new Africa that we have a historical responsibility to build and, by doing so, to ensure that the past is not repeated. Acknowledging the wrongs of the past and making symbolic reparative actions for those wrongs are essential for ensuring that the pursuit for a better world of justice is not built on top of underlying sinkholes and on the waste dumps of past injustices. Critical breakthroughs, such as the commitment enshrined in the Constitutive Act of the African Union (2000), on crimes against humanity, war crimes, genocide and the prohibition of unconstitutional change of government, must be vigorously pursued to their logical conclusion. To do so requires an understanding of where Africans, in their relationship with peoples in the rest of the world, are coming from. Smaller parts of the world have experienced similar heinous injustices with impunity, and Africa's pursuit of real justice also applies to those states and their peoples. Corrective or reparative justice is needed to clear the path for the meaningful and honest promotion of real global justice in the making of the future. It is imperative that the making of the African Renaissance confront real global justice for the sake of the past, the present and the future.     

论社会危害性评价的出罪功能

社会危害性评价在犯罪构成中占有一席之地,在犯罪构成符合性判断中具有出罪功能。社会危害性评价包括罪量因素、法定的正当行为和司法裁量的排除社会危害性事由等三个方面的内容。     

论逃税罪初犯的行为定性 ——范冰冰犯罪了吗

偷税罪经由《刑法修正案(七)》的颁布改名为"逃税罪",其中最大的变化莫过于增设了"第四款"——"不予追究刑事责任"的情形。该条款是处于"宽严相济"刑事政策下所做出的符合实务要求、有利于逃税罪预防的"出罪条款",对于初犯"不予追究刑事责任"的行为定性应该遵循立法原意,同时结合考虑目前的犯罪构成体系,将"第四款"认定为犯罪构成要件中的"定量因素",而非刑罚论中的"刑事责任阻却事由",将符合逃税罪"第一款"同时满足"第四款"的行为做非罪化处理,即不认为是犯罪。     

Douglas Pike and the NLF

Abstract

Our tragically mistaken policy in Vietnam is in part at least the result of scholarly misapprehension of Vietnamese reality. Experts have not been totally lacking; but too many of these experts have distorted, consciously or unconsciously, the Vietnamese reality they report. Douglas Pike, our “most careful student of the Viet Cong” (Schlesinger, The Bitter Heritage, 36), is a case in point. His book, Viet Cong: The Organization and Techniques of the National Liberation Front of South Vietnam (M.I.T. Press, 1966), received broad praise when it was issued. Bernard Fall called it “excellent” (Two Vietnams, 357); the APSR reviewer described it as “among the very, best (books) on any aspect of contemporary Vietnam” (American Political Science Review, LXI.2.495 (June 1967)). In this brief review of Viet Cong I shall indicate Pike's general bias, specific points in his argument, and objections to his framework.     

The political economy of impunity in Colombia: the case of Colombian labour

The problem of impunity has dominated the Colombian political landscape against the backdrop of almost non-stop war in the country since independence. The focus here shall be upon impunity in relation to human rights abuses regarding Colombian workers and union members. The central argument is that impunity is socially entrenched in Colombia due to an historical legacy of a weak state, a concomitant lack of institutionalised conflict resolution mechanisms and the stigmatisation of unions as havens for the revolutionary Left.     

并合主义：犯罪未遂的应然立场

总体上,应当以并合主义作为犯罪未遂认定和处罚中所应坚持的基本立场。在着手认定标准和犯罪未遂处罚依据的确定上,应坚持以形式的客观说为主、实质的客观说为辅;在犯罪未遂处罚原则的确定上,则应坚持以主观主义为主、兼顾客观主义。不可罚的不能犯是现实存在的,它不具有形式和实质上的犯罪特征,因而不是犯罪,不具有可罚性。     

Harvest of violence: the neglect of basic rights and the Boko Haram insurgency in Nigeria

Drawing on the core commitments of Critical Terrorism Studies, and mostly, the ethic of emancipation, this article focuses on the Boko Haram insurgency to investigate recurring violent conflict in Nigeria. It identifies a governance gap not adverted to in the official narrative which has led to gross discontent at the lower levels of the society. The governance gap has created fertile breeding grounds for the recruitment of disillusioned youths who are easily mobilised to violence and lately, insurgency. There are normative and pragmatic reasons to adopt and prioritise social welfare through the implementation of economic, social and cultural obligations and due-process rights as a viable approach to at least reducing the spate of violence in the country. The discussion has relevance for resolving situations of violence and conflict in sub-Sahara Africa in particular and elsewhere in the developing world.     

Reconciliation in Times of Impunity: Challenges for Social Justice

In human history there is no lack of malice, revenge, or savagery. The twentieth century has seen 33 million military deaths. Victimization deaths are estimated at six times that number, at 205 million people. The past decade has seen people enslaved, tortured, raped, and persecuted as members of political, racial, ethnic, or religious groups in Latin America, Eastern Europe, Asia, and Africa. Yet we have not seen meaningful prosecution of crimes that have occurred on a massive scale. Former United Nations High Commissioner for Human Rights José Ayala Lasso has stated that a person stands a better chance of being tried and judged for killing one human being than for killing 100,000. This paper examines reconciliation in the aftermath of protracted, deadly, wide scale conflict characterized by impunity when crimes against individuals, groups, and humanity go unpunished. It describes the relevance of moral exclusion theory to conflicts in which dehumanization and violence are normalized, and it argues that impunity is an urgent matter for psychology and social justice research.     

Governmental Mismanagement and Symbolic Violence: Discourses on Corruption in the Yucatán of the 1990s1

Abstract — Departing from a conceptualisation of corruption as a form of symbolic violence, this article analyses the character and impact of the discourses about corruption which were produced in Yucatán in the beginning of the 1990s. The discourses produced by official and oppositional forces are scrutinised against the background of the federal government's neoliberal policies and the sociopolitical situation in the region during 1992 and 1993. The analysis gives some insights into the character of Mexican's and Yucatecan's experiences with corruption in their own setting. It explores some of the conflictual processes involved when social forces turn this form of symbolic violence into the object of moral critique in public discourses, drawing in this way also attention to how the state is imagined by those who exercise state power and those who are subject to it.