刑法的人权蕴涵及民权刑法观的倡导

无论是人权的理论根基还是刑法（罚）的基础价值,都不可能脱离伦理性内涵予以构建,这决定了二者存在密不可分的相关性。刑法（罚）既要保障人权又要充分防卫社会的功能性追求,决定了伦理基础是人权和刑法价值共同的根本。     

Maturing Gay Men

Abstract

Two time-limited groups were offered for gay men age 40 and over. From pre-group interviews a list of interest areas was constructed. Interpersonal relations with other gay men emerged as the primary concern. In an effort to describe and organize the concerns group members expressed about their relationships, a model based on the work of Bell and Weinberg and the ethnographic work of Evelyn Hooker was developed. The model is a typology consisting of three dominant sociosexual interactive fields: the Sexual Market Field, the Primary Relationship Field and the Social Network     

“九一八”事变后日本攫取中国东北铁路权探析

“九一八”事变前，中国东北铁路已经发展到一定规模。事变后，关东军和满铁勾结，合谋东北路权。他们以各种手段霸占了既成铁路和拟建铁路的所有权，又想方设法夺取铁路经营权。日本在掠夺式经营和修建新铁路的过程中，榨取东北人民的血汗，搜刮东北丰富的资源，并最终形成了覆盖中国东北的铁路网。日本夺取东北铁路权，给当地社会的自然发展过程造成极大冲击，加速了畸形化的进程。     

Child Abuse Investigation and Treatment for Deaf and Hard of Hearing Children

Abstract

Deaf children are more susceptible than other children to abuse in home and institutional settings. Many helping professionals are unaware of the unique vulnerabilities and needs of the deaf; this lack of awareness limits the effectiveness of their services to that population. Laws and ethical standards mandate that social workers and others use communication methods that deaf clients can understand; however, many human service agencies rely on less than adequate means of communication in child abuse investigations and other procedures. Such ineffective intervention practices fail to protect a vulnerable population of children who literally cannot speak for themselves.     

农民维权的行为困境与路径抉择

农民权益屡遭挑战,农民上访总量逐年增长。在农民各类上访中,土地已成为农民维权抗争的焦点。在农民维权过程中,行动曲折的原因有二：其一,内在原因为农民法律意识淡薄与权利意识增强之间的张力;其二,外在原因为政府的唯利性,尤其是官商之间的利益同盟。因此,成立农民维权组织已成为现实形势。     

法治思维视阈下的行政权限规范

法治思维是国家治理水平现代化的重要内容，十八届四中全会之后，党和国家将推进依法治国、建设中国特色的社会主义法治国家提高至战略地位，提出一系列旨在进一步保障公民权利、限制国家机关权力的举措。我国的法治建设离不开具体的社会文化背景，在法治思维中考察行政权限的规范至关重要。社会的良好运转离不开在党领导下的政府行政权力的合理规范，限制过大难以发挥行政权力的职能，限制过小则可能侵害公民正当利益。因此，法治思维视阈下考察行政权限规范，不仅关乎我国法治国家建设的效果，还关乎人民利益保护。     

盗窃、贬损骨灰入罪的法律思考

近年来盗窃、贬损骨灰行为呈现多发趋势。对逝者身后利益进行保护，符合世界多数国家的做法。鉴于其他部门法保护的乏力，有必要动用刑法对盗窃、贬损骨灰行为进行惩处。为严厉打击和有效遏制盗窃和贬损骨灰行为，《中华人民共和国刑法》第302条将盗窃、侮辱、故意毁坏骨灰的行为规定为犯罪，并规定对犯罪主体处有期徒刑、拘役或者管制的刑罚后果。这符合我国现实需要和法律公平原则，具备刑法正当性基础。从盗窃、贬损骨灰行为入罪的原因、对现有刑法罪名的影响、罪状的认定等方面展开论述，盗窃、贬损骨灰入罪要服务于刑法的目的，实现刑法保障人权与处罚犯罪的统一，以更好地贯彻罪刑法定原则与罪刑相适应的原则。     

Teaching Children about the Global Economy: Integrating Inquiry with Human Rights

Although children are already part of the global economy, they often have little understanding of its influence without explicit instruction. The article focuses on recommendations for teaching elementary students in grades three through five about the global economy utilizing the pedagogical recommendations from the National Council for the Social Studies and curricular and pedagogical suggestions from economic educators, human rights educators, and research. The author advocates using the inquiry arc to actively engage students in learning and integrating a human rights perspective, along with an economic perspective, to broaden students' understanding of the global economy. Economics helps young students learn why their clothes and toys are produced in different countries while human rights education enables them to comprehend the lives of workers who produce their clothing and toys. The inquiry arc also offers opportunities for young students to take action when they encounter human rights abuses during the production of their toys and clothing. Children are not only prepared for their future role as citizens but act as citizens while they are still children concerned about the human rights of all people involved in producing their clothes and toys.     

Sexuality,Adolescence and the Criminal Law

SUMMARY

The provisions in the German Criminal Code protecting sexual self-determinationeven after several penal law reforms-are still criminologically not yet coherently structured and carry some contradictions. Recent research implies that in the section of the German Criminal Code establishing sexual offences three very divergent forms of deviant behavior are lumped together in an undifferentiated way: violent offences, infractions of moral norms and commercialization of sexuality (the latter in most cases in the form of organised crime). Some offences lack empirical justification in the sense of a concept of protection, for example due to the fact that damage caused to victims is not proven. In addition the establishment of age limits turns out as a difficult task, i.e., when consensual (love) relations of adolescents and of young adults are concerned. International efforts to approximate (sexual) offences legislation carry the risk that reasoned, criminologically analysed and empirically justified regulations are sacrificed to populistic diffused mainstream-thinking.     

The transformative power of civil society in South Africa: an activist’s perspective on innovative forms of organizing and rights-based practices

ABSTRACT

This essay analyses recent campaigns to fulfil human rights to quality basic education and access to mental health care services, led by SECTION27, a social justice organization in South Africa. It investigates how these campaigns were able to impact on inequality in education and health care and the ways in which they mobilized and empowered communities to demand social justice and drive pro-poor transformation. In particular, it looks at the way SECTION27 used human rights law and the Courts to advance social justice. It records many positive outcomes. But concludes by asking whether, if inequality is enabled by elite power can it only be disabled by people’s power? How can civil society overcome fault-lines in its sustainability, representativity and power structure? It argues that civil society must do more to tackle the systems and not just scratch at the symptoms of a more and more unequal world.