《联合国反腐败公约》与我国刑事证人制度之完善

《联合国反腐败公约》是联合国历史上第一部指导国际反腐败斗争的法律文件,它对证人制度进行了规定。而在这方面,我国刑事立法的规定有欠缺。为了加强对证人的保护力度及完善我国刑事诉讼法,有必要参照《公约》对我国刑事诉讼法进行完善。     

More law and more rights: will children benefit?

This paper questions the view that children are just another disadvantaged group and that they need substantially more, or more varied, rights than they enjoy at present in the UK. It suggests there is a lack of appreciation of the consequences of current 'rights' advocacy, especially that which draws on the United Nations Convention on The Rights of The Child, and doubts whether a simple piling up of more rights will prove wise, workable or effective; rather it could become counter-productive and even generate a backlash from individuals and wider society. More fundamentally, It argues that the pursuit of greater benefits for children, as children , is ultimately divisive and segregating at a time when our society needs an integrating philosophy that emphasises the mutual and reciprocal nature of relationships between citizens. It proposes, instead, an approach to rights which emphasises shared interests and participation as key factors in improving the welfare of children as developing citizens.     

国际法视角下的双语司法与我国的双语司法制度

在司法活动中根据需要使用少数民族语言是国际法承认并强调的主要条款,要求在司法活动中适当考虑少数民族的语言诉求,保障少数民族的权利。我国法律不仅贯彻国际法的双语司法条款,而且我国各部门法中还规定在少数民族聚居地区同时使用地方语言,保障少数民族在司法活动中使用自己的语言进行诉讼的权利,最大限度地体现了我国司法活动的公正性。     

后金融危机时代IMF总裁选任制度改革的国际法思考

总裁在IMF的治理结构中扮演着重要的角色,但IMF总裁选任规则的缺陷与不足却未得到恰当的纠正和补足,IMF之职能与目标的实现亦因此而受到阻碍。IMF、发展中国家、发达国家以及非政府组织对改革IMF总裁选举规则提出的意见和建议,应在实践的基础上予以进一步完善,以打破"任人唯亲"的"欧洲传统",建立"任人唯贤"的IMF总裁选拔机制,提升发展中国家国民参与IMF管理工作的广度与深度,真正实现成员方共治IMF。     

《残疾人权利公约》在中国的适用研究——从“禁止导盲犬上地铁”说起

我国是《残疾人权利公约》的缔约国,并已批准了该《公约》。随着《公约》的实施,我国在残疾人人权保障方面取得了一定的成就,但仍存在问题。以"禁止导盲犬上地铁"为例,从宏观角度看,其有悖于国际公约、国际习惯法保护人权的精神;从比较法角度看,其亦与国际通行做法不相适应,特别是美国、英联邦、日本和我国港台地区的实践。虽然我国也有相关法律规范同意导盲犬进入公共场所,但是仍存在法律条款缺乏统一实施细则、公众对于有关法律尚缺乏全面认识,以及导盲犬的培训和管理制度有待完善等问题。     

The United Nations Convention on the Rights of the Child and Canadian implementation efforts for indigenous children and youth

Since playing the role of co-host at the 1990 World Summit for Children in New York, Canada has promoted the adoption of the United Nations’ Convention on the Rights of the Child at home and abroad. What impact has this unprecedented international human rights document had on Canadian First Nations, Inuit and other Aboriginal groups? This paper looks at Canada's implementation of this UN Convention, and specifically at Canadian initiatives for indigenous children and youth. The Indian Act, upon which the Canadian government has based its control over Aboriginals since 1876, is explained. Five national organizations representing various Aboriginal perspectives have reviewed the federal government's efforts to honour the World Summit's‘First Call for Children,’ and the emergent issues for at-risk children's programming on- and off-reserve are reviewed. The‘best interests of the child’ ideology that has guided the developed world's notions of children's rights has evolved in a cultural and value-laden context that must now be left for indigenous social scientists, children and youth around the globe to decide for themselves.     

从国际法层面解读《联合国反腐败公约》

腐败作为一个人类公害越来越受国际社会关注,《联合国反腐败公约》的出台将全世界反腐败斗争推进一个新的阶段。《公约》在扩大规制主体、强调预防腐败、加强国际协作等方面具有突出特色,解决了一系列国际法问题。《公约》的推行将对我国的反腐败法制建设产生积极的影响。     

Voting barriers and solutions: the experiences of people with disabilities during the Dutch national election in 2017

Exercising the right to vote at elections is frequently denied to people with disabilities. In this study, we examined the voting behaviour of individuals with physical or learning impairments and the barriers they encountered during the national elections in 2017 in the Netherlands. A survey design was chosen to allow large-scale questioning of both target groups. Over 90% of people with physical impairments voted and respondents found that voting was accessible. Voter turnout among people with learning impairments was much lower (46%). They experienced difficulty to prepare themselves and at the polling station. The Netherlands seems well on the way to achieving an inclusive environment for people with physical impairments. Recommendations are given about accessibility for all and for exploring alternative methods of voting such as proxy voting and tailoring information and procedures to the needs of people with learning impairments.     

Ten years of the CRPD’s adoption in China: challenges and opportunities

This article examines the challenges and opportunities of implementing the CRPD's rights-based model in China, especially the effects of the diminishing space for civil society on the nascent disability rights movement. A disability rights movement emerged as a direct result of the CRPD’s adoption in 2008. Two recent restrictive civil society legislations, however, undermined this process. While the diminishing space of civil society has posed great challenges to the movement by marginalizing the rights advocacy approach, it has created an opportunity for service-oriented disability associations to thrive. While service-oriented associations are often ignored by disability studies scholarship and the disability rights movement, I argue that, through these organizations, persons with disabilities in China have done critical identity work and substantively increased their level of independence in their daily lives. As a result, a disability rights consciousness continues to be built in China, despite governmental hostility to political advocacy.     

国际植物新品种保护的趋势及我国的对策

基于发达国家和发展中国家各自的利益诉求,国际植物新品种保护呈现出复杂的发展格局.一方面,发达国家借TRIPS协议极力推行主要强化商业育种者利益的UPOV公约;另一方面,一些发展中国家受CBD理念的影响,正积极寻求一个UPOV公约框架之外的更适合本国农业发展水平的植物新品种保护模式.面对新的国际形势,我国应立足国情,在适当汲取UPOV公约1991年文本精华的同时,借鉴其他发展中国家的经验引入CBD理念,不断提高国内育种企业的自主研发能力,构建具有本国特色的植物新品种保护制度.