对消防行政处罚法律依据适用冲突的思考

消防行政处罚是消防执法中大量运用的一种执法行为,在处罚时存在法律依据的适用冲突。对“过失引起火灾,尚未造成严重损失”的消防行政处罚在适用时的法律冲突进行了思考,以便能够更好地执行处罚法定的原则。     

论法治进程中的正当程序

法治的实现有赖于法治要素的具备,而正当程序有助于法治要素的满足。法治社会应具有的正当程序理念是:正当程序是对人权的尊重和保护,是实现正义的重要途径,程序正义优先于实体正义。     

装甲装备车务管理信息资源规划

针对装甲装备车务管理信息化建设过程中,出现的数据环境不适应信息化发展的问题,分析了造成数据环境混乱,形成信息孤岛的原因,提出了用信息资源规划的思想和技术对数据环境进行改造,建立车务管理的功能模型、数据模型和数据管理的基础标准,实现信息共享的方案,解决了车务管理信息化建设过程中的信息孤岛问题,为实现车务管理信息化的跨越式发展奠定了基础.     

试论高校图书馆的知识管理

本文阐述知识管理概念、目的、内容,探讨高校图书馆知识管理的优势,提出高校图书馆知识管理实施措施。     

供应链模式中采购管理组织结构沟通效率评价

为了评价采购管理组织结构沟通效率,利用趋势模型为组织结构构建提供科学可见的过程,并量化计算交流阻力,为项目选择沟通效率最高的组织结构.将此方法应用于采购实例评价,经过验证,此方法有一定的科学性和实用性.     

Africa's toy soldiers,non-state armed groups,and ‘voluntary’ recruitment

Armed conflict on the African continent has witnessed increasing recruitment of child soldiers, often at the hands of non-state armed groups. Unfortunately this practice continues unabated in the face of legal obligations prohibiting the recruitment of child soldiers under international humanitarian law, and international and regional human rights law. While international condemnation of the practice has led to attempts to increase the minimum age for recruitment to 18, a disjuncture persists between the legal obligations states sign up to, and the actual enforcement of these prohibitions at a domestic level.

International criminal law jurisprudence emanating from the Special Court for Sierra Leone and the International Criminal Court is being monitored closely, as these courts seek to enforce the prohibition in all armed conflicts, and against both state actors and non-state armed groups. International humanitarian law only protects child soldiers who have been unlawfully recruited. In this piece, the authors take a closer look at what amounts to unlawful recruitment in light of customary international humanitarian law, since this body of law also binds non-state actors, even without further criminalising legislation at a domestic level. Moreover, the article briefly explores whether a child can ever void this protected status by volunteering to participate directly in hostilities.     

Reforming the notion of national sovereignty by external intervention

In principle, national sovereignty is the right of a nation to govern its internal affairs without foreign interference. In practice, it is defined by one's interpretation of international law, which may permit legal external intervention under some circumstances, ultimately removing a nation's sovereignty. This paper will examine the current system of international law outlined by the United Nations, analyse the ambiguities contained within its Charter and elaborate on how external intervention can be justified. The case-study of recent developments related to Libya will demonstrate that the manner in which international law is interpreted is changing the notion of principles of sovereignty.     

Security sector stabilisation in counterinsurgency operations: the case of Afghanistan

This article argues that the debate on security sector reform (SSR) needs to be taken further by taking into consideration the fact that, even though the SSR concept was not originally developed as an element in stabilising states undergoing an insurgency, it is very much being used for exactly that. When conducting counterinsurgency with a focus on the creation of stability, the baseline will ultimately have to be security sector stabilisation (SSS) as a precondition for complete SSR implementation. However, the two must be connected to avoid them undermining each other. This is important if a comprehensive approach to programme implementation and especially sustainability is to guide the programme, and not just isolated ‘train and equip’ stand-alone projects that do not solve either the initial need for stabilisation or the long-term need for accountable security forces. Currently, in Afghanistan the surge for security by the international military is in danger of overtaking the other elements of the SSR, thereby undermining the primary end state and thus risking laying the wrong foundation for the long-term process of SSR.     

基于变结构方法的空空导弹鲁棒逆控制律设计

为克服动态逆控制严重依赖被控对象精确数学模型且鲁棒性较差的缺点,将动态逆与变结构方法相结合采用双环结构设计了空空导弹鲁棒动态逆控制律.将导弹飞行状态划分成快慢2个回路,慢回路(外环)采用变结构控制,并设计扩张状态观测器,对外环中的不确定性进行估计;快回路(内环)采用动态逆控制.仿真结果表明,所设计的控制律具有较好的动态特性和鲁棒性能.     

Historical and Political Background to the Erosion of the Rule of Law and Human Rights During Sri Lanka’s Civil War and the Way Forward

The Sri Lankan Civil War (1983–2009) is regarded as a violent reflection of deepening divides along political and ethnic lines. During this civil war the Sri Lankan Government and its security forces have been implicated in unlawful killings carried out in a pervasive manner against civilians, whilst at the same time specifically targeting ethnic Tamils, humanitarian workers and journalists. The human rights of all citizens suffered as a result and ultimately led to the weakening of the rule of law. With the end of the civil war, the Sri Lankan Government has made little progress in providing accountability for wartime abuses. Its absence of and reluctance to ensure justice is seen as a logical culmination of decades of impunity. The importance of acknowledging historical behaviour and taking accountability for past violations will be discussed. In an analysis for paving the way to a new democracy in Sri Lanka, the main outcomes of this article are calls for accountability arising out of the government’s actions during the war; an investigation into the present state of human rights, the rule of law and finally; an examination into the political solution going forward to ensure a process of reconciliation and peaceful co-existence.