刑事犯罪被害人救助问题探讨

刑事诉讼的目的是保护人权、惩罚犯罪。保护人权,既包括对被告人人权的保护,也包括对被害人人权的保护。但是,长期以来,人权保护的天平始终倾向于前者。加强对被害人的权利保护,并对被害人与被告人的权利加以合理与适当的平衡,已经成为各国刑事诉讼法普遍发展的趋势。因此,要加强对犯罪被害人的权利保护,使己经失衡了的犯罪被害人与犯罪人的权利关系回到平衡的状态上来。     

人权六十年:从否定到回归

人权,本义是"人该有之"和"人皆有之"的权利,即人人应有的权利。解放后,我国人权事业从人权禁区到人权入宪,走过了60多年艰难曲折的崎岖道路。回顾这一历程,反思其经验教训,对今后人权事业的健康发展,很有必要。     

关于对赵汀阳“预付人权”理论的探讨

赵汀阳以一种歧视的眼光去对待不能够充分履行"做人义务"承担"做人责任"的群体,并将这部分人排除在享有人权的主体之外;他认为人人平等地享有人权是违反正义的,因为他们没有履行契约,却享受到权利。人权的存在,是要防止任何一个人在有可能成为弱势群体的一员的情况下不能被当作一个人来对待的后果的出现。没有了人权,人将不称其为人;人首先要成为一个人,才谈得上要不要去享有权利、履行义务、承担责任。因此,尤其在司法过程中,司法理念应当注重人权理念的基本要求,并践行预付人权理论中价值准则和基本理念。     

论清教思想和英国理性主义对美国早期人权政策的影响

美国人权理论和渊源虽然可以上溯到古希腊、罗马,但其传统则直接承继英国的清教思想和理性主义①。清教思想和英国理性主义的自由平等原则给美国人权政策提供了理论基础,但这些原则中包含的消极因素也对美国的人权理论产生了不良影响,深刻地影响着美国人权政策的发展。一、清教的人权思想美国人权理论有一种基本的倾向：即高举自由、平等的旗帜。这种倾向主要来自清教的人权思想和英国理性主义。清教的人权思想发端于宗教自由,表达为自然权利说、自然神论和皈依契约说②。在灿烂的清教思想家群星中,闪烁着最耀眼光辉的人物是约翰·弥尔…     

“五四”时期中国妇女意识觉醒之表现--以邓颖超领导的天津早期妇女运动为例

五四运动时期,随着社会思潮的大变化,中国妇女意识也开始觉醒。她们的妇女意识变化主要表现在：主张经济独立,消除对男子的依赖;提倡婚姻自由,反对包办婚姻,争取男女平等教育,要求大学开放女禁;打开封建枷锁,实现社交公开,而在妇女追求思想解放的过程中,邓颖超领导的天津早期妇女运动规模较大,妇女意识的觉醒也较为典型。     

“五四”时期中国妇女意识觉醒之表现——以邓颖超领导的天津早期妇女运动为例

五四运动时期,随着社会思潮的大变迁.中国妇女意识也开始觉醒.她们的妇女意识变化主要表现在:主张经济独立,消除对男子的依赖;提倡婚姻自由,反对包办婚姻;争取男女平等教育,要求大学开放女禁;打开封建枷锁,实现社交公开.而在妇女追求思想解放的过程中.邓颖超领导的天津早期妇女运动规模较大,妇女意识的觉醒也较为典型.     

基督教新教传教士与中国盲文体系的演进

盲文的产生为盲界打开了认识光明世界的门扉,为盲教育开辟了通衢,而近代的盲人特殊教育又与人性尊严、人权神圣和人类平等不可或分地联结在一起,人类的文明形态因特殊教育的出现而迈进了一大步。中国盲文由基督教新教传教士率先引介创制,由康熙盲字到大卫·希尔等诸种盲文法,再到心目克明。20世纪20年代后,中国盲文的改进转由国人接棒,反映出一国语言文字的改进最终有赖于国人自身,他们才是自己母国语言的主体和传承人。     

图书馆制度与读者权利

图书馆事业是人类追求知识自由理想的产物,保障人类知识自由获取和信息公平利用是图书馆事业或图书馆制度的核心理念和最高使命所在.世纪之交,伴随着人们权利意识的迅速觉醒,依法治国终成国策,在这种背景下,制定合理的图书馆制度来保障读者的权利成为必然.     

论汉末魏晋五言诗中虚词“忽”的使用

汉末魏晋时期,诗人的时间意识和生命意识逐渐觉醒,这是文士个性自由意识上升的结果,是人性的苏醒。此时,虚词"忽"于五言诗中频繁出现,用来抒发他们对人生短暂、命运难卜等的感慨。这种内心情感的自然流露,体现出诗人对个体生命价值和人生意义的思考。     

法国大革命中的女权

法国大革命中诞生的《人权宣言》为资产阶级民主思想奠定了基础,但是,这里的“人权”实际上指的是“男权”,这种片面性导致了大革命中《女权宣言》的产生,造成了人权与女权的矛盾冲突。本文从《人权宣言》对妇女觉醒产生的影响入手,阐述大革命中人权与女权在理论上和实践中的冲突及其原因,以便从人类解放的角度,重新认识大革命。     

抗战胜利前后中间党派对民主的诠释：以经济民主为中心

加世纪40年代,中间党派及自由知识分子为反对国民党垄断国家资源的一党专政体制,提出了融政治民主、经济民主、教育民主、国际民主于一炉的社会民主主义理论。这种民主观试图扩大民主的范围,其目标是社会方方面面皆民主化,以保障人权和实现社会正义,体现了超时代的理想主义色彩。中间党派对社会民主主义的颂扬,具有反抗国民党专制统治的进步意义,是近代中国民主宪政运动史留给后人的一笔精神财富。     

Oliver O'Donovan's Critique of Autonomy

Abstract

More than any other contemporary theologian, Oliver O'Donovan has revived political theology as a field of enquiry. Yet O'Donovan has been consistent in his critique of the modern idea of autonomy, judging it to be at odds with the more communitarian idea of covenanted community found in the Hebrew Bible/Old Testament. He contrasts this modern idea, and its political implications, with the older biblical idea, also adding some basic points from Aristotle's idea of the polis. But unlike many contemporary communitarians, O'Donovan is also able to incorporate the idea of human rights into his political theology. He sees this supposedly modern idea having fuller precedence in the biblical idea of mishpat ("justice"), which he takes to be God's primordial claim on His covenanted community, a claim that sufficiently grounds both individual rights and communal rights and which enables them to function together. However, O'Donovan draws the line when it comes to the modern social contract theory, arguing that it is at odds with biblical teaching that the primary responsibility of rulers is to divine law. While agreeing with O'Donovan's rejection of autonomy and his acceptance of human rights, this paper argues against O'Donovan's theological rejection of social contract theory. Instead, it argues that a social contract is consistent with the doctrine of the covenant; indeed that the very possibility of the social contract is best explained by the doctrine of the covenant, and that this acceptance of the social contract serves the best political interests of covenanted communities (like the Jewish People and the Christian Church) in an otherwise secular world.     

Gift Exchange and Interpretations of Captain Cook in the Traditional Kingdoms of the Hawaiian Islands

The relationship between the kanaka maoli people of the traditional kingdoms of the Hawaiian Islands and Captain James Cook and his crew is interpreted in the context of a theory of gift exchange. It is argued that interpretations of kanaka maoli behaviour based on an implicit assumption that social relations were structured primarily by property rights leads to error. Instead, sense can be made of kanaka maoli behaviour only if a logic based on rights of person is taken into account.     

From Imperialism to Internationalism: British Idealism and Human Rights

ABSTRACT

The article provides a historical account of the younger generation of British Idealists’ (1880–1930) approach to international relations and human rights. By focusing on pre-Great War and post-Great War periods, it reveals the shift that occurred in their approbation of T. H. Green's theory of rights. It shows that the Great War put an end to perceptions of the Empire as a plausible and sustainable international order for the younger generation of British Idealists, as it did for the significant majority of liberal British intellectuals. Their work, especially in the post-Great War period, reveals an attempt at translating Green's theory of rights into an internationalist human rights theory, which they saw as being indispensable to maintain a stable international order. As an alternative to contemporary attempts to locate Green's rights theory within the cosmopolitan–communitarian divide in human rights theories, this study draws attention to the younger generation of British Idealists’ long neglected internationalist approach to human rights as a middle way position.     

Imagining Humane Realism: Moving from Sacred Secularism toward a Pragmatic Theory of Human Rights

Abstract

The purpose of this article is to problematize secular humanistic conceptualizations of human rights by challenging the absolutist and supposedly irreligious foundations on which they rest. In doing so, this piece will adopt the position that secular humanism is, in fact, a religion, and, as such, its dictates concerning human beings and the proper treatment thereof are logical byproducts of a very peculiar "modern" religious faith—a religion, as it were, that places humanity at the center of its worship—and, therefore, are no less arbitrary than the overtly religious dogma it rejects. By exposing the all too confident moral authority that secular faithful bestow upon themselves and the will to judgement that is so prevalent in modern humanistic ideology, this article hopes to create a space for a re-imagining of human rights that is less authoritarian and more open to self-criticism than the modern, secular movement.     

A chronic protection problem: the DPRK and the Responsibility to Protect

The Democratic Peoples' Republic of Korea (DPRK) is arguably the world's most chronic abuser of human rights. In an unprecedented move, a Commission of Inquiry established by the UN's Human Rights Council accused the DPRK government of systematic violations of human rights amounting to crimes against humanity. In so doing, the Commission succeeded in putting human rights in the DPRK on the global agenda. Within months the UN's General Assembly and Security Council had joined the human rights body in examining the issue. This article explains the emergence of this new engagement with human rights in the DPRK, showing its relation to the ‘Responsibility to Protect’ principle. It charts the growing sense of frustration felt at the lack of progress on human rights in DPRK and shows how this was manifested in the General Assembly's decision to pursue the Commission's recommendations and call on the Security Council to take concrete steps. Despite this, however, the article shows that there are powerful obstacles in the way of a more robust international approach to human rights in the DPRK and counsels a less confrontational approach focused on engaging China and building trust within the Security Council.     

The emerging of "female citizen": The subject identity of modern Chinese women through literary practices

The construction of “citizen-state” relations in the intellectual world of modern China and the establishment of individual citizenship in political discourse have opened up a political and discourse sphere for modern women to strive for new identities, wherein some intellectually advanced women have managed to establish their individual identity as “female citizen” by carrying the debate on the relationship between women and the state with regard to their rights and responsibilities, and on the relationship between gender role and citizenship. Though the idea of “female citizen” was not provided with a political theory of practical significance, the subject identity of women, however, was repeatedly spoken about and strengthened in brand-new literary practices, resulting in a dynamic discourse of “female citizen”; in the meantime, disagreements concerning the concepts of “female rights,” “civil rights,” and “natural rights” have all helped create significant tension inside the related discourse sphere.     

‘How Time Flies’: Celebrating the Universal Declaration of Human Rights in the 1960s

Recent histories of human rights have identified the 1970s as the most decisive epoch in the birth of the modern rights era. These works have tended toward a parenthetic dismissal of the period 1948–70 as years of interregnum, of marginal impact to the ‘breakthrough’ moment which followed. This article argues for a more complex periodisation, and reclaims the importance of the 1960s. Far from an undifferentiated abyss, the two decades between the adoption of the Universal Declaration of Human Rights (UDHR) and the 1968 International Human Rights Year held their own shifts, integral to the evolution of modern human rights. A crucial transition in the status of the UDHR occurred across the mid-1960s, roughly aligned with the terminal years of liberal post-colonialism. Through a comparison of two hitherto neglected events in the history of human rights, the fifteenth and twentieth anniversary commemorations of the UDHR, in December 1963 and 1968, this article traces the trajectory of that transition. These commemorations, concentrated moments of explicit reflection on the meaning of human rights, encapsulated the gulf between the early and the late 1960s. In the space of five years, any vestigial consensus on the vision enunciated in 1948 was obliterated.     

Collateral damage: human rights consequences of counterterrorist action in the Asia–Pacific

A number of states in the Asia-Pacific region have long been recognized to be indifferent or even hostile to the international human rights regime and to have rather poor records when it comes to protection of the right to personal integrity. Since 9/11 many of these same states have become closely involved in the US-led anti-terrorist campaign, and in the course of that involvement have been identified with the serious abuse of the personal security rights of those held in detention as terrorist suspects. This article uncovers some of the bases for that indifference to human rights treaties and why the human rights records of some of these states have become of even greater concern, particularly to domestic and transnational NGOs, in the contemporary anti-terrorist era. It argues that long-standing factors associated with intra-state armed conflict and separatist rebellions, the governmental tendency to accuse domestic NGOS of following a western rights agenda, and strong attachment to the non-interference norm have undercut official governmental concerns about the abuse of the right to personal security. More recently, emulation of the worst aspects of US anti-terrorist behaviour has given rise to a sense of impunity in some cases, and has justified a militarized response to political and religious unrest in others. Finally, the difficulties that the local human rights NGOs have had in making their case to the wider domestic populations have been compounded in a climate where many of their fellow citizens are fearful of the apparent rise in support for terrorist causes and methods.