矛盾及其化解：军事法的部门法地位解析

中国特色社会主义法律体系业已形成,军事法的部门法地位问题却再度引发热议,我国法律体系相关理论构建过程中未及解决和完善的各种理论缺陷和逻辑谬误再度显现.理论上的矛盾需要化解,在我国特殊的宪政体制已经预设了军事法体系独立地位的前提下,军事法的部门法地位应当得到普遍认同.而为了达到这一目标,我国社会主义法律体系理论的完善成为必需,对军事法部门法地位的逻辑解析成为必要。     

近年来军事法学若干基础理论问题研究述论

军事法学基础理论研究水平的高低,直接反映了这一学科理论创新发展的程度.基础理论研究的不断深化,有助于促进学科理论体系趋于成熟和完善.近年来,军事法学基础理论研究不断深入发展,在诸多方面取得了重要研究成果.军事法学研究者围绕军事法的概念与调整范围、军事法的独立部门法地位、军事权、军事法体系以及军事法学研究方法等学科基础问题进行了富有成效的创新研究,有力提升了军事法学理论研究的学术水准,将军事法学研究推进到新的发展阶段.     

公安现役部队遂行非战争军事行动训练规律

公安现役部队遂行非战争军事行动训练规律,是指客观存在于部队训练诸要素之间的本质的必然联系.其主要包括：任务牵引、理论先导、科技强训、以人为本、训战结合规律.认识部队军事训练规律、遵循军事训练规律,对于加强公安现役部队军事训练工作,提高部队军事训练盾量,不断推动部队军事训练发展,具有重要的现实意义.     

Witchcraft and African development

Impressive investment and growth figures and commercial write-ups enthusing about ‘Africa rising up’, ‘the continent of the future’, and so on, obscure the poverty, illiteracy, poor health and other hardships afflicting the vast majority of African people. Why has massive so-called development and technical ‘aid’ not created the expected dynamic, autonomous economic progress? A blind eye is delicately being turned to the decisive role of people – more specifically, the cultural element. Notwithstanding good intentions, outsiders seeking to promote development assume that black Africans think and act like they only need more education, training and finance in order to ‘catch up’. Outsiders easily forget that since time immemorial, Africans have developed and cherished worldviews and cultures of their own. While these are by no means immutable and do adapt to changing needs and outside influences, Africans refuse to cast off overnight the heritage that makes them the people they are. This paper examines the impact of witchcraft as an integral feature of traditional culture on African existence, notably community life, religion, politics, the law, and economic practice. It stresses the significance of traditional society's powerful egalitarian impulses as well as its profound conviction that all things – goods, wealth, well-being and life force – are in a strictly limited supply that cannot be increased, but can only be redistributed by force or through magical manipulation. While modern life gradually weakens the influence of witchcraft beliefs – in Europe these flourished well into the 18th century – the exasperation associated with Africa's headlong urbanisation actually bolsters these beliefs.     

消防行政诉讼若干问题探析

消防诉讼是消防生态的有机构成部分.消防事业社会化进程的加快,势必引发更多的涉消防诉讼案件.这些案件中既有因消防执法引起的消防行政诉讼,也有因灭火救援等引起的消防民事诉讼.对消防行政诉讼的类型、消防行政执法中易引发行政诉讼的问题、做好消防行政执法工作的措施等问题进行了探析.     

基于凸优化理论的三维微分对策制导规律求解

针对三维微分对策制导律(DGL)求解问题,引入凸优化理论,将DGL求解归结到Hamilton系统的求解,设计了DGL求解算法,通过对代价函数梯度特征的凸分析,推导出对策系统鞍点存在的充要条件和求解方法,解决了以往通过对微分对策模型简化求解导致的模型不能客观反映作战过程的问题.     

BEYOND DECLARATIONS OF INTENT

This essay explores the obligations arising from the United Nations Convention against Transnational Organised Crime, signed in Palermo, Italy at the end of 2000. It also discusses the initiatives required to prepare the legal system and related infrastructure of Zimbabwe for its implementation. Zimbabwe joined more than 120 other countries in signing the Palermo convention, but has not yet ratified it. The ratification would enshrine the latest initiatives to develop effective strategies against transnational organised crime. The Palermo convention makes demands on the laws and institutions of states parties which could enhance their capacity to confront organised crime. Ratification signifies competence to implement the prescribed obligations, which can only occur after introducing suitable domestic laws, and adopting the necessary administrative mechanisms. The required reforms are bound to have certain policy and legislative implications for Zimbabwe. Regional initiatives complementary to the Palermo convention are expected to catalyse positive changes in Zimbabwe's response mechanisms.     

CORRUPTION,PERCEPTION AND FOREIGN DIRECT INVESTMENT

Bribery undermines human development and a transition to stable democratic rule. It props up illegitimate regimes as corporations bid for contracts by bribing, in a seeming race to the bottom. The world's wealthy are slowly waking up to this and criminalising this scandalous practice of bribing foreign public officials. However, such measures, if enforced, need to be combined with domestic anti-corruption strategies in the South. If this opportunity is missed, the risk of investing private capital in marginalised economies perceived to be highly corrupt is further upped, making investment-driven economic growth possibly even less unattainable.     

Interpreting the Nuclear Non-Proliferation Treaty

Interpreting the Nuclear Non-Proliferation Treaty, by Daniel H. Joyner. Oxford University Press, 2011. 192 pages, $100.     

A NEW STANDARD FOR PREEMPTIVE MILITARY ACTION AGAINST WMD THREATS

International law clearly requires an imminent threat of attack as a justification for the preemptive use of military force. However, the standard definition of an imminent threat was derived centuries before the development of nuclear, chemical, or biological weapons or ballistic missiles and other delivery systems that can reach their targets in a matter of minutes. Any use of force to alleviate threats posed by weapons of mass destruction (WMD) prior to tactical warning of the actual launch of such weapons falls into the legally and ethically controversial category of “anticipatory self-defense,” leaving decision makers potentially liable to prosecution for war crimes. Effective and ethical enforcement of nonproliferation therefore demands a standard for imminence of threat broad enough to allow military action as a last resort but sufficiently restrictive to prohibit indiscriminate action against suspected WMD programs. Following a critical review of selected literature and cases on preemption, the author proposes a new standard for preemptive military action: the existence of operational WMD, or a clandestine program to develop WMD, in contravention of international law. The author discusses the implications of this new proposed standard, which at the time of writing would permit preemptive attack against WMD-armed terrorist groups but prohibit it against all states except Iran and possibly North Korea.