重读《公开信》 再论生育观——兼谈我国人口政策的未来选择

1980年9月5日中共中央《关于控制人口增长问题致全体共产党员、共青团员的公开信》所引发的人口发展方式和生育观念的双重转变,彻底改变了我国人口发展大局以及支撑人口发展的生育文化氛围。继续推进先进生育文化建设,以及坚持数量控制为先,同时兼顾对结构问题的治理,是《公开信》给我国人口未来发展带来的重要启示。

物权法草案“违宪”了吗?——质疑巩献田教授的《公开信》

巩献田教授《公开信》事件引起了广泛的社会关注。《公开信》认为物权法草案违反了《宪法》第12务规定,是违宪的产物。但本文分析认为,《公开信》指责物权法草案'废除'了《宪法》第12条关于'公共财产神圣不可侵犯'的规定,会动摇这一条规定所代表的生产资料的社会主义公有制基础,是没有实证根据的。物权法草案并不因为没有重复《宪法》第12条关于'公共财产神圣不可侵犯'的条文而违宪,这一条规定也并不能代表生产资料的社会主义公有制;而说明和规定生产资料的社会主义公有制的实质性规范主要集中在《宪法》第6条至第11条。事实上,在实质内容方面,物权法草案几乎是照抄照搬地援引了《宪法》有关社会主义公有制的一些规定。巩教授《公开信》以物权法草案违宪为由,仅仅是通过危言耸听的方式,表达他对改革开放过程中出现的贫富不均、国有资产流失与私有化现象的不满,并试图再次将社会财富主要集中在'国家'这一被神圣化的字眼之下,以此表达他的旧有的计划体制政治愿望。但他却忽视了财产权作为一项基本人权的个体属性,以及它在限制政治行为中的法治构建意义。因此,他是在一个错误的时机错误地选择了一部法律草案而进行了一些错误的论述。民法学界目前对巩教授《公开信》展开的回应中,没有完全采取理性分析和实证研究的态度,还带有一些感情色彩,并有再次将问题意识形态化的倾向。学术界应该以此次讨论为契机,厘清支撑计划体制的财产权理论,并为之敲响丧钟,从而为民事立法扫清理论与思想上的障碍。

公开信发表前后我国人口政策调整轨迹

本文通过对《公开信》发表前后人口政策调整轨迹进行分析，探讨了《公开信》在中国人口政策调整中所产生的影响，并从指导思想确立、明确时间跨度、组织机构完善、法制层面保障以及点面结合的工作方式五个方面分析并整理《公开信》对人口政策的影响及其指导意义。

一孩政策后果的历史审视

中国从上世纪70年代开始推行计划生育,而70年代的计划生育很成功。由于急于求成,从1980年开始推行"一对夫妇生育一个孩子的政策"。这一政策远远超出了农村群众的承受能力,也不得不将计划生育工作引入强迫命令和野蛮粗暴的境地。由于理论落后于实践,这一政策事前缺乏充分科学的论证,《公开信》给出的解释也是十分牵强的。"一孩政策"导致的后果是十分严重的,它将长期影响中国;解决"一孩政策"给家庭带来的影响,是政府责无旁贷的义务。

Public key based uniform access framework in 3G systems

This paper compares two types of access methods in 3G telecommunication systems, registration based access method and alternative access method. Through analyzing their common ground, we establish a public-key based uniform access framework, which combines different access methods into one unified model and provides more scalability and flexibility. Then an improved wireless authentication protocol is introduced into the framework, which gives an example of how unification is obtained by using public key technology. Since original protocol has flaws, an improved one is proposed based on security investigation. Improved authentication protocol overcomes the weakness of the original one, and maintains all the security features owned by old protocol. Finally, the feasibility of this framework is analyzed with consideration of current development in mobile telecommunication fields and the future trend of 3G systems. The result shows that public key technology has a promising future in 3G and Beyond 3G systems. It points out a new way for key management in future telecommunication systems.

The Relevance of Nigeria＇s Freedom of Information Act （2011） to the Country＇s Anti-corruption War

This essay is centred on Nigeria＇s Freedom of Information Act, with special interest in its relevance in the country＇s anti-corruption war. The paper reiterates that the law was passed to enable the public to access certain government information, in order to ensure transparency and accountability. The FOI Act aims to make public records and information more freely available and to protect public records and information, in accordance with the public interest and protection of personal privacy. It enables citizens to hold the government accountable in the event of the misappropriation of public funds or failure to deliver public services. It also seeks to protect serving public officers against any adverse consequences from the unauthorized disclosure of certain kinds of official information, and to establish procedures for the achievement of these purposes. The Act further regulates conflicts between its provisions and those of other legislations. The paper contends that Freedom of Information is a fundamental indicator of economic development and progress, civic engagement and a properly functional democracy in every economy, describing it as a promising start in ensuring good governance and rule of law in Nigeria. The paper stresses the need for vigorous implementation of the FOI Act if the country is to make any significant breakthrough in the enthronement of good governance, transparency and accountability, adding that a strengthened FOI regime will enhance citizens＇ demand for accountability and check corruption in Nigeria.

Therapeutic and Immunomodulatory Effects of Raw Maize ＂OGI＂ on Rats Infected with Escherichia coil 0157：H7

Escherichia coli O157：H7 is known to cause food borne illness globally. Treatment of infections caused by this organism is difficult because the administration of antibiotics might precipitate kidney complications; therefore there is the need to search for alternative therapy. In this study, the therapeutic and immunomodulatory effects of raw maize ＂ogi＂ was investigated on rats infected with Escherichia coli 0157：H7. Infected rats treated with maize ＂ogi＂ slurry 1.0 mL once or twice daily and maize ＂ogi＂ liquor, 1.0 mL twice daily recovered 72 h while those that were treated with less than 1.0 mL recovered by 96 h. Without treatment with ＂ogi＂ however, the rats started recovering by 120 h. The treatment caused the white blood cells which had already gone up as a result of the infection to reduce significantly （P 〈 0.05） by 24 h of administration of raw fermented maize ＂ogi＂ components to the infected rats. It also caused a significant decrease in the lymphocyte counts of the infected and treated rats by 24 h. On the other hand, there was an increase in the neutrophil count irrespective of the different volumes and different components of raw ＂ogi＂ used by 24 h but by the 72 h of treatment, it started to decrease and by 120 h reduced to normal levels. Since the administration of raw maize ＂ogi＂ either slurry or liquor caused the duration of infection in rats infected with Escherichia coli 0157：H7 to reduce from 120 h to 72 h, it is therefore suggested that people having diarrhoea caused by this organism could drink fermented raw maize ＂ogi＂ slurry or liquor to treat the infection.

Weighing the Public Interest in the Disclosure of Government Information

Disclosure of government information involves the interests of the applicant, third parties and the public. Both systems for assessment of the public interest and the lessening importance of the applicant＇s qualifications make public interest the principal driver for disclosure of information. Exemptions to disclosure contain an implicit public interest. In conflicts between opposing interests over disclosure and non-disclosure, public interest is the key to balancing interests. Public interests supporting disclosure are related to such values as the right to know, democracy and public participation, whereas the interests supporting non-disclosure tend to be implicit in the exemptions to disclosure. Multiple interest entities and the two-sidedness of public interest increase the complexity of weighing the interests involved. Full and comprehensive analysis of interests and the exclusion of unrelated considerations are the premise for assessment of interests. Prioritizing the public interest and prioritizing openness are institutional values of the laws on disclosure of information and the fundamental principle for assessing interests.

Open Access and the Developing World

Till about 15 years ago, almost all information exchange among scientists and scholars was mediated by print and even then researchers in the developing countries were at a great disadvantage as their libraries did not have the resources to subscribe in comparison with even a small fraction of journals libraries in advanced countries. But the Internet and the World Wide Web initially exacerbated the gap between the rich and the poor countries, as many poor countries were slow to acquire these technologies and the infrastructure (especially bandwidth). Soon it became clear that thanks to these technologies we now have the unprecedented opportunity of having a level playing field in the matter of accessing scientific and scholarly information. Transforming this opportunity into reality is entirely in the hands of the researchers themselves. Imagine a world where every scientist places his/ her research papers, which (s)he wants to give away so others can read and make use of, in a public archive. Anyone anywhere in the world, of course having an Internet connection, can access, download, and read those papers. This is a win-win situation for all: the reader gets to read what he wants to read at very little cost; the author gains greater visibility for his work and the work reported is likely to have greater impact than if it were to be made available only through a toll-access journal. Although the logic is so simple, in reality such archives were not coming up for a very long time. In spite of the fact that computer scientists and physicists had shown about 15 years ago the great advantages of such archives. Recent studies by Alma Swan and others have shown that a very large proportion of scientists are not aware of open access and therefore what we need is focused advocacy. Even among those who know of OA, many are not depositing their papers in archives but say they would if they are asked by their bosses or their funding agencies. Clearly the ball is in the court of scientists and policy makers. OA is especially advantageous to the developing countries as the current access to literatures is poorest in these countries.