新闻传播中的隐私权和知情权冲突协调——在传播控制下的平衡

作为公民基本权利的隐私权和知情权,随着民主制度的不断发展,也愈加得到法学界乃至整个社会的关注。探究隐私权和知情权的发展历史便会发现,这两项重要权利都是在新闻传播推动下诞生的,由于其内在属性的对抗性,其冲突失衡在新闻传播领域中的表现也尤为突出,而通过调节传播控制协调两者冲突,是单纯的运用法理原则解决此问题的另一进路。     

浅析隐私权与新闻自由的冲突和协调

隐私权与新闻自由在宪法规定中都是公民的基本权利,而在现实运用中二者存在着一定的冲突,因此,协调隐私权与新闻自由使其充分发挥应有的作用成为关键。本文分为三个部分由大众热议的娱乐新闻引出"隐私权与新闻自由的冲突和协调"这一论题并加以论证。     

浅析医院人事档案中的隐私权和知情权

医院人事档案作为记录医院员工实践活动的各种信息和数据,其具有较强的保存价值,由于保存起来的人事档案涉及到员工个人的隐私,所以具有保密性,但作为档案,则还需要进行适度的开放,这即是人事档案的隐私权和知情权,两者一对矛盾的统一体,文章从医院人事档案的隐私权和知情权入手,对解决医院人事档案隐私权与知情权两者之间相互冲突的具体对策进行了阐述。     

隐性新闻采访与隐私权的冲突与平衡

根据近些年的调查数据报告指出,我国隐性采访尚未被法律认可,但是这种方式能够实现公众的知情权和舆论监督,因此,隐性采访被新闻媒体使用,也得到了公众的认可。但是,在隐性采访的过程也会遇到法律纠纷,在怎么样的隐性采访下才能避免对他人隐私权破坏,从而避免冲突呢。本文是以多方面采访进行解析,对隐性采访和隐私权之间的冲突与平衡提供相应的解决方案。     

浅谈公民网络隐私权的保护

随着网络的快速发展,＂人肉搜索＂对于网络环境下的隐私权保护提出了新挑战。我国现行法律对网络隐私权保护欠缺,应当完善立法,加快网络隐私权保护法律的立法进程。     

浅析人事档案的知情权问题研究

我国的人事档案管理制度采取"重藏轻用"模式,这种模式使我国公民无法在人事档案中执行知情权。社会民主建设速度不断加快,公民更加重视知情权,为了实现知情权,必须了解人事档案的根本含义,针对性的制定出解决对策与注意事项,才能使人事档案管理工作更加透明、可靠。     

对高校宿舍管理权与学生权利冲突的思考

高校的宿舍管理权与学生权利的冲突从学生住进宿舍起就已经产生,双方的症结就在于如何协调公私权利。本文通过对校园宿舍管理中出现的相关问题进行调查,认为学校宿舍管理部门与学生之间应是民事法律关系,同时提出相关对策,缓和宿舍管理部门与学生之间的矛盾,切实促进校园和谐稳定发展。     

浅析中国区际法律冲突

"九七"香港和"九九"澳门的回归,是"一国两制"构想和模式鄂丰硕成果,相伴而生的是中国区际法律冲突。本文从历史和现实这两个角度出发,分析中国区际法律冲突产生的必然性,总结中国区际法律冲突的特点,并借此从总体上提出中国区际法律冲突的解决。     

官员隐私权为何比普通公民少

正一年来,随着反腐力度的加大,人们的监督意识不断加强,"随手拍"和"艳照视频"拉下了不少官员。于是,公务员难免有"委屈"——随便什么人偷拍几张照片、一段视频,就可以让官员落马,这难道不是侵犯我们的隐私权吗?这种"委屈"触及了一个更深的问题:隐私权和监督权的分界线在哪里?我国宪法、民法通则和刑法等多部法律,都对公民的隐私权做了规定,要依法保护公民的肖像权、姓名权、名誉权、人格尊严权,不得披露未成年人的个人隐私,等等。但如果把公民替换成公职人员呢?那就要注意了,此时法律赋予他们的隐私权大大缩水。不妨先看两个例子,近日举行     

论媒体监督与司法公正的关系

在现代法治国家,媒体监督与司法公正密切相联。媒体监督由于自身所特有的开放性与广泛性,在促进司法公正、遏制司法腐败方面发挥了以其他监督形式无法替代的积极作用。然而,媒体监督同时也是一把双刃剑,缺乏制约或不当的监督也会给司法公正造成负面影响,从而妨碍或破坏司法公正。司法需要权威,言论需要自由,两者都受宪法保护。如何平衡司法活动与媒体监督之间的矛盾关系?怎样解决法治社会所要求的法律至上的理念和媒体以道德为准绳的监督之间的冲突?这些问题是我们目前亟待解决的。本文将从近年发生的聂树斌案、于欢案等案例出发,寻求媒体与司法间的关系点、平衡点以及解决问题之道。     

The application of LiDAR-based DEMs on WWII conflict sites in the Netherlands

Airborne Laser Scanning or Light Detecting And Ranging (LiDAR) is quite a new technique for most archaeologists. Digital Elevation Models (DEMs), derived from the LiDAR-data, can be very useful to map archaeological sites in order to get a better overview of what is left and how these remains should be protected and researched further. LiDAR-based DEMs can be extremely useful to conflict archaeologists, especially in the Netherlands where excavation of the remains of World War II (WWII) is often problematic. Using DEMs it is possible to make both an indication of the archaeological and the heritage value of a conflict site. The use of DEMs will improve the prospection, mapping and monitoring of archaeological sites.     

The governmentalities of infrastructure and services amid urban conflict: East Jerusalem in the post Oslo era

Urban conflict in Jerusalem has mainly been studied through the lens of spatial and functional segregation and discriminative fragmentation between Israeli and Palestinian localities. This article adopts a governmentality approach to the study of the politics of urban infrastructure and services in urban conflict, and argues that a governmentalization process of East Jerusalem by Israel has evolved in the last two decades that has been enacted mainly through the control and management of Palestinian urban infrastructure and services. Since, as manifestations of resistance to Israeli occupation, many of the Palestinian urban functionalities historically operated separately from Israeli state apparatuses, this new development and its consequences indicate an increasing dependency and forced adaptation of Palestinians in Jerusalem to Israeli rule. Based on analysis of Palestinian public transport and education systems, the article demonstrates how the “soft” power of governmentality – mediated through the control and management of urban infrastructure and services – diffuses among the Palestinian population and in space, restructuring them as objects and subjects of Israeli administration and governmental order. In this light, urban infrastructure and services appear in the course of urban conflict as an arena of governmentality and counter-governmentality. On the one hand they serve as a site where identities are practiced and defended; on the other, they may mediate and facilitate the restructuring of political subjectivities and normalization of political structures and hierarchies.     

Floods,communal conflict and the role of local state institutions in Sub-Saharan Africa

Does the occurrence of flood disaster increase the risk of communal conflict and if so, does trust in state political institutions mitigate the adverse effect? This study addresses these questions by studying the intervening effect of trust in local governmental institutions at a sub-national level. The effect of flood disasters on the risk of communal violence is expected to be contingent on peoples’ trust that local political structures are able to address potential disputes between groups. Violent conflicts, in that sense, are neither inevitable nor directly determined by the occurrence of disasters. They largely depend on the context of a given society and political response to these external shocks. To test this expectation, the study uses survey data on trust in local state institutions in Sub-Saharan Africa from the Afrobarometer (2005–2018), combined with geo-referenced communal conflict and flood data. In line with theoretical expectations, results suggest that flood disasters are associated with communal violence only for administrative districts that are governed by distrusted local state institutions. Conversely, flood disasters tend to be negatively associated with the risk of communal clashes in the presence of highly trusted local government councils and (especially) trusted judicial courts. Changing model specifications and estimation techniques produces similar results. An out-of-sample cross-validation also shows that accounting for political variables, in addition to flood disasters, improves the predictive performance of the model.     

Close-up on renewable resources and armed conflict: The spatial logic of pastoralist violence in northern Kenya

Methods of spatially disaggregated conflict analysis are becoming increasingly popular and open avenues for systematic micro-level research. Especially within the field of environmental security research they bear the promise of a better assessment of environment–conflict linkages at the sub-national level. Yet, this branch of research lacks a thorough theoretical involvement with the spatial logic of armed contests over renewable resources and this hampers the use of highly disaggregated data. To address this shortcoming, the present contribution proposes an actor-centred approach, which allows determining the precise locations of violent events in armed contests over renewable resources. It is developed by analysing the spatial logic of pastoralist violence in northern Kenya, a frequently cited example of scarcity-related struggle over renewable resources. The analysis demonstrates that pastoralist violence in northern Kenya has frequently occurred close to well sites and in locations of higher rainfall, which offer favourable conditions for livestock raiding. These results lend support to narratives of pastoralist violence, which emphasise the strategic use of violence with regard to the ecological opportunities and constraints of African rangelands. They also highlight more generally that conflict locations reveal more about the strategic choices made by armed groups in a given conflict situation than about the ultimate causes of their struggle. This calls for a more conscious use of disaggregated data in environmental security research.     

廉颇与蔺相如对今人的启示--心理平衡浅析

当人们面对现实时,或许很满足,或许很失意;满足而骄傲使人自信亦易使人落伍,失意而愤世,使人激奋亦易使人犯错。心理常态趋近甚或保持平衡,是成功的重要素质之一。     

Street child spaces: belonging,conflict and resistance in the city of Durban through the eyes of street youth

ABSTRACT

This article is concerned with the everyday ‘spatial tactics’ deployed by children in a street situation in order to deal with notions of public space that define them as ‘out of place’, marginal and deviant. Using photovoice, we reconstruct former street children’s definitions of and feelings about their spaces in the city, bringing into view a complex set of social problems, attitudes and strategies that moves beyond the traditional binary notion of street children as either deviants or victims. This work points to the importance of finding ways to ensure the voices of marginalized and disadvantaged children are heard and presents the narratives that are important to our understanding of their worlds. Analyzing their spatiality in contexts of conflict, belonging and resistance, we found that children and youth in a street situation are mainly concerned with empowering themselves and resisting dominant labels and police repression.     

Promoting Women,Peace and Security in the Pacific Islands: hot conflict/slow violence

How has the Women, Peace and Security agenda been advanced in the Pacific Islands? While some observers argue that this region suffers from a contagion of unrest, violence and state weakness, these estimates commonly ignore the vital work women have performed in the region as promoters of peace and security. Even when such activity places them in direct personal danger, women across the region have spearheaded efforts to bridge communal boundaries and challenge the increasing normalisation of violence, gendered and otherwise, that accompanies threatened or actual incidents of conflict. As this article demonstrates, these efforts have had profound impacts on the ground in conflict-affected Pacific Island countries. They have also received increased recognition at the level of institutional politics, with member states of the Pacific Islands Forum recently accepting a Regional Action Plan on Women, Peace and Security. This has been hailed as a significant achievement for the region's women peacebuilders. But much of this plan is focused on women's contributions to peacebuilding at the pointy end of a crisis. This overlooks the extent to which the ‘slow violence’ of environmental degradation, masculinised politics and militarism also compound gendered insecurity in the region. Attention to these issues offers a contradictory picture of the gains made in promoting the Women, Peace and Security agenda in the Pacific Islands. While this advocacy framework has provided important opportunities for the region's women peacebuilders, it may also have discouraged broader reflection on the prevailing structural conditions at work across the region which function in an attenuated fashion to undermine women's security and the achievement of a gendered regional peace.     

Command Centre Bjorn: the conflict heritage of a Swedish Cold War military installation

This text presents the results of a contemporary archaeological investigation of an important Swedish Cold War installation, Command Centre Bjorn. This centre was connected to the Air Force Attack Squadron and together with the coastal artillery and the navy it constituted a crucial part of the Swedish defence efforts during the Cold War period. The text also discusses questions concerning heritage processes, and it stresses that a contemporary archaeology approach can contribute with new insights into the Cold War and its heritage in Sweden, as well as canalize and offer guidance to the huge public interest in the material remains from this period in Sweden.     

基于力矩平衡原理的秦兵马俑重心测量及临界地震加速度计算

随着近年来地震灾害的频发,分析浮放于俑坑中的秦兵马俑在地震波影响下的运动方式是秦俑地震灾害防御研究中的首要环节。本研究利用力矩平衡的原理测量秦兵马俑的重心位置,进而初步计算得到陶俑的临界地震加速度,依据陶俑的形体特征计算出每类陶俑的抗倾倒极限地震加速度,验证了测量结果的可靠性,为制定秦俑的地震设防等级和防震保护工作提供了基础数据。     

Between ideology and practice,national conflict and anti‐imperialist struggle: the National Liberation League in Palestine

This paper focuses on the National Liberation League (NLL), a Palestinian Arab communist movement which operated in Palestine between the years 1943–1948. The paper examines its short‐lived history in light of the relevant three contexts in which it operated: the local Palestinian national context; the regional context of communist activity in the Middle East and the external‐internationalist context of the Soviet Union. The paper further discusses the activities of the NLL during the period of the 1948 War in Palestine, as well as in the first period of military rule, imposed on the Palestinian citizens of Israel. An analysis of the NLL during the late Mandatory period and the early years of the State of Israel allows a close examination of the ways by which concepts of identity, nationalism, class and ethnicity were conceptualised, debated and contested during times of a national conflict and anti‐imperial struggle and brings to the fore tensions between ideology and practice, nationalism and internationalism. The NLL offers an important opportunity to look into the complex matrix of communist movements that combine anti‐imperial struggles with struggles for national liberation in the context of a national conflict and to examine their dilemmas and what may seem as internal contradictions.