在公正与效率之间:证人出庭作证制度的困境和出路

证人出庭作证问题,涉及证明标准与法律假设、法律规则与法律标准、诉讼效率与诉讼成本、自利偏见与社会效应等诸多方面。证人不出庭作证的规范依据仍然存在、证人出庭作证的权利和义务不对等、配套措施不完善等原因,导致证人不愿意出庭。美国辩诉交易制度在很大程度上减少了开庭刑事案件的数量,其关于书面陈述的规定也减少了证人出庭作证的需求,在一定程度上实现了被告人人权保护和公共利益的平衡,值得借鉴。完善证人出庭作证制度,应以案件"客观需要"为标准,以追求事实真相为出发点,以人权保护和人性回归为落脚点,遵循限制性处罚原则和禁止利益冲突原则,提高相关规定的可操作性。因此,不宜盲目追求证人高出庭作证率。     

现代社会隐私权和知情权的边界

现代社会是权利的社会,也是权利冲突频发的社会。权利之间的冲突缘起于法律规则的模糊性、权利的滥用和权利的交互性。其实质是一种客观存在的事实而非理论预设和逻辑分析的结果。权利冲突可以大致界分为主体间的权利冲突、价值冲突、利益冲突三种类型;权利间的冲突需要借助社会控制模式(个人控制、组织控制、法律控制)并通过价值平衡方法来解决。     

Social networks and the organisation of big business groups in post New Economic Policy (NEP) era in the 1990s in Malaysia

Personal ties are generally regarded as important to big business growth in Malaysia, particularly after the New Economic Policy (NEP) in the 1990s. Common types are informal ones established between multi-ethnic big business people and Malay key state and political leaders. Other types of ties, company directorship links and informal ties, are seldom studied especially those between the business people and former state bureaucrats and corporate professionals. Thus, by conceptualising the directorship links and informal personal ties as social networks, the author conducted a sociological analysis of some intra- and inter-ethnic directorship links and ties established by four prominent big businessmen after the NEP in the 1990s. This article reports the main finding on the links and ties becoming a common organisational mechanism of business groups owned and controlled by the businessmen, besides providing access to the state. Therefore, another understanding of inter- and intra-ethnic personal ties in big business growth, especially after the NEP is achieved.     

Teaching Black History after Obama

This article is a reflection on the teaching of black history after the Obama presidency and at the dawn of the Trump era. It is both an analysis of the state of the academic field and a primer on how to integrate the past few decades of scholarship in black history broadly across standard K-12 curriculum. It demonstrates the importance of theorizing black history as American history rather than just including African American content in US History courses and offers specific methods that can shift the narrative in this direction even within the confines of a more traditional telling of the American past. Finally, it situates the voluminous work of historians of the black past as critical interventions in pedagogy necessary to challenge today's unrelenting attacks on public education.     

当代女性择偶标准及其影响因素研究--基于365则女性征婚启事的内容分析

对2005年至2014年间刊登于五本杂志上的365则女性征婚启事进行内容分析和统计检验，发现在女性征婚者的自我陈述和择偶要求中，既有较为稳定的传统标准，也存在一些时代变化。女性自身的职业和文化程度提及率较高，择偶标准中道德品质和个性、个人素质等受到了更多关注。在社会资源方面，隐性的资源更被强调，择偶标准呈现多元化取向。在更年轻和文化程度更高的女性中，体现出了更具现代性的择偶标准。有婚史和有孩子的女性则更多地关注一些现实性的标准。     

An International Comparative Study on Women's Pension Rights and Their Economic Risks

This article examined the theoretical meanings of pension rights and analyzed their effects on women's economic risks in developed countries. First, based on the status of a citizen, worker, parent, and spouse, this study investigated how pension benefits are guaranteed as a citizen regardless of work history, the degree to which women's disadvantageous situations in the labor market and unpaid work are compensated by public pension as workers and parents, and how marital status is treated in the different pension systems. Second, analysis of the effect of pension rights showed that individual rights is a significant factor to prevent economic risks of elderly women. Derived rights did not seem to secure the economic welfare of elderly women, at least in a comparative context. This finding suggested that developing individual rights, rather than derived rights, is the way to guarantee long‐term elderly women's economic welfare.     

Sociology and the European Court of Human Rights

This article offers a sociological analysis of the jurisprudence of the European Court of Human Rights (ECtHR). Adopting a sociological jurisprudence approach, the article aims to demonstrate the unique and valuable contribution that sociology can make to understanding key aspects of international human rights law. Whilst the article seeks to develop an agenda for critical sociological research on human rights law, it also aims to persuade those charged with the supervision of human rights of the value of sociological analysis. To achieve this, the article focuses on three separate but inter‐related aspects of ECtHR jurisprudence: first, it considers the ECtHR's approach to consensus in its adjudication of human rights complaints; second, it examines the social control implications of the ECtHR's decisions and judgments; and third, it assesses how conceptualizations of social identity are often foundational to the ECtHR's reasoning.     

Impact of Gender Binarism on Hijras’ Life Course and Their Access to Fundamental Human Rights in Pakistan

This study adds to the growing body of knowledge on gender nonconformity aspects of heteronormativity by examining its impact on the life course of hijras and their access to fundamental human rights in Pakistan. Drawing on 50 semistructured interviews conducted in two sites, the findings suggest that the participants’ lived experiences associated with gender nonconformity significantly influenced the direction of their life course and their ability to have access to human rights. These experiences spanned from childhood to elderhood across a wide range of settings, such as family, school, guru dera (residence headed by a hijra guru), workplace, and interactions with authorities. The participants’ human rights were not recognized, resulting in abuse, social stigma, discrimination against them, and their exclusion from mainstream society. Finally, implications are drawn for public policy and future research on third gender concerns in Pakistan and elsewhere.     

命运的舵手:论亚哈船长个人意志对命运的操控

小说《白鲸》中的男主人公亚哈船长不信神、不信命,集伟大与病态于一身。为了向白鲸莫比·迪克复仇,亚哈精心策划并带领裴廓德号船只走向毁灭。从命运的视角剖析了亚哈拒绝一切外界劝诫,操控并设计自己的命运,展示了其不受命运摆布的非凡姿态。     

对延安整风运动历史经验的借鉴与反思——基于宪法学的分析

延安整风运动的宪政内涵、制约权力和保障权利思想,对于密切党群关系和建立新政权发挥了重要的作用,同时运动中存在的程序上和制度层面的缺憾也对后世有消极影响。当今中国特色社会主义宪政建设要吸取延安整风运动的经验教训,既要依靠法律和制度,加强对国家机关的制约和监督;同时创造条件,依法保障公民的批评权。