每日一语 2025.1.4
女权博主王慧玲(玲玲Peter和四只猫)多个平台账号遭到封禁。王慧玲的过往言论具有一定争议,不过有网友表示自己“更讨厌随意禁止别人说话的不受约束的权力”。https://chinadigitaltimes.net/chinese/714663.html
女权博主王慧玲(玲玲Peter和四只猫)多个平台账号遭到封禁。王慧玲的过往言论具有一定争议,不过有网友表示自己“更讨厌随意禁止别人说话的不受约束的权力”。https://chinadigitaltimes.net/chinese/714663.html
Austria's Chancellor Karl Nehammer says he will resign in the coming days, both as chancellor and party leader, after talks about forming a coalition government collapsed.
The chancellor said his party - the conservative People's Party (ÖVP) - and the Social Democrats had failed to agree on key issues.
The liberal Neos, another party involved in the talks, also pulled out on Friday.
In September the far-right Freedom Party (FPÖ) won an unprecedented victory in Austria's general election, but the other parties ruled out forming a coalition with the FPÖ's leader Herbert Kickl.
The collapse of the talks could lead to the conservatives negotiating with the far-right, or to a new election taking place, analysts have said.
The Russia-friendly FPÖ has been in a ruling coalition before. It would likely welcome a new election as opinion polls suggest its popularity has grown further since September.
The FPÖ has said in a statement on X that three months have been lost by the coalition talks and adds that "instead of stability, we have chaos".
The party has called for Social Democrat leader Andreas Babler to also resign and said President Alexander Van der Bellen bears "a significant share of responsibility for the chaos that has arisen and the lost time".
The FPÖ won almost 29% of the vote in September's election, the People's Party came second with 26.3% and the Social Democrats third, with 21%.
There was a high turnout of 77.3% as Austrian voters took part in an election dominated by the twin issues of migration and asylum, as well as a flagging economy and the war in Ukraine.
The FPÖ's Kickl promised to build "Fortress Austria", to restore Austrians' security and prosperity.
The party wants firm rules on legal immigration and it has promoted the idea of remigration, which involves sending asylum seekers to their original countries.
The FPÖ was founded by former Nazis in the 1950s.
Two days before last year's general election vote some of its candidates were caught on video at a funeral where an SS song was sung.
The party later denied the song, dating back to 1814, had any link to "National Socialist sentiments".
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编者按:《CDT报告汇》栏目收录和中国言论自由及其他人权问题相关的报告资讯。这些报告的来源多种多样,包括机构调查、学术研究、媒体报道和网民汇集等等。也欢迎读者向我们推荐值得关注的报告。
中国数字时代本周推荐媒体:
“真实故事奖”(True Story Award) :是首个全球新闻报道奖项,旨在表彰全球各地高质量的新闻报导,评选作品涵盖中文在内的9 种语言。
2025获奖中文作品:
【在場】國境之間:「春天革命」與泰緬邊界上的緬甸流亡者
【端传媒,在場】被两地“驱逐”的人
【澎湃新闻网】我是董宇,不是“铁生”
【三联生活周刊】梅大高速塌方:没有抵达家乡的打工者
【凤凰周刊冷杉RECORD】《隐痛66岁:当一位农村女性遭受三次性侵》
【GQ】以AI之名:一个父亲复生女儿的决心
【 正面连接】从家中偷走一个11岁女孩
【《人物》杂志】一个高中生和她拍下的117根手指
【Women我们】软肋
2024 年底,美国国会及行政当局中国委员会 (CECC) 照例发布了中国人权状况和法治发展 2024 年度报告,结果显示,中国 2024 年人权依旧恶劣。然而,报告特别指出,大量西方企业参与其中,是中共侵犯人权的“同谋” (complicity)。
报告封面CECC 主席史密斯 (Christopher Smith) 表示:“在今天发布的 2024 年度报告中,CECC 再次与中国人民站在一起,对抗中国共产党…… 我们还严厉批评了那些与这些侵害行为有牵连的西方企业,包括那些使用被强迫劳动污染的供应链的企业。从此以后,他们再也不能说:‘我们不知道。’”
具体来讲,西方企业协助中共侵犯人权主要在于“使用强迫劳动和协助中国创建大规模生物特征监控系统”。
比如,报告特别点名德国知名汽车制造商大众汽车 (Volkswagen)。委员会称,有明确证据显示:大众汽车不仅涉嫌违反《防止强迫维吾尔人劳动法》的进口规定,还在新疆维吾尔自治区吐鲁番市利用遭强迫的维吾尔劳工修建测试跑道。
报告还提及了西方公司的撇清责任的办法——“审计清洗” (auditing washing)。这一现象是指这些西方公司雇佣某些审计公司,然后这些审计公司宣称其认证的中国工厂与供应链不存在强迫劳动或其他侵犯人权行为,以此帮助这些公司撇清责任。比如,审计机构“洛宁-人权和尽责商务”(Löning Human Rights & Responsible Business)的一位审计师公开与一次审计报告撇清关系。然而,正是这份审计让大众汽车在 2023 年 12 月声称:“没有发现任何侵犯人权的行为或更为广泛的工作条件问题。”
此外,这份 317 页的报告和去年一样,再次谈及了中国日益恶化的人权状况。报告详细记录了中国当局侵犯人权的行为,包括侵犯公民自由(言论自由、宗教自由和公民社会)、法治、歧视、虐待和人口贩卖、工人权利、西藏、新疆和港澳等问题。
其中,报告在摘要中特别强调了六点问题:
在新疆维吾尔自治区持续发生的暴行。
工会权益活动人士所遭到的镇压,尤其是在过去一年中罢工和劳工抗议数量上升的背景下。
不断推进的对香港民主自由的瓦解,利用国家安全法监禁了逾一千名政治犯。
试图摧毁包括藏人、南蒙古人以及维吾尔人在内的少数民族的语言和文化的行为。
在政治上被视为具有威胁性的公民社会组织和倡导活动上进一步加强控制,包括对宗教信徒和宗教社群的严厉打击。
恢复对朝鲜人的强迫遣返。
最后,该委员会表示,为了应对这些问题,美国国会提出了多项立法以制止这一情况,并表示会继续监督中国的人权状况。
2024 年 12 月 30 日,《美国国家科学院院刊》(PNAS)上发表了一篇论文 《穿越防火墙:外媒在塑造中国社交媒体俄乌战争叙事中的作用》,结论显示俄罗斯媒体塑造了微博上的俄乌战争叙事。
文章封面该研究首先收集了俄乌战争初期(2022 年 2 月至 4 月)微博上与此相关的 43 万余条帖子。研究者与其团队首先使用预训练 BERT 模型从庞大的微博数据中识别出 2,183 个主要叙事(narratives),然后对比分析来自中国、俄罗斯、乌克兰和美国约 10,000 家新闻网站的 826 万篇报道,以评估微博叙事在不同媒体生态系统之间的对应关系、首次出现时间以及影响力传播轨迹。
这一研究的主要目的是分析中国数字审查体系是否使微博用户对国际时事的获取几乎完全依赖官方媒体。
结果发现,俄罗斯新闻网站在与微博叙事相匹配的数量上占据主导,而中国新闻网站仅有约 10% 的微博叙事与之高度关联,甚至仅有 5% 的叙事最早可追溯到中国网站。此外,俄罗斯媒体对微博舆论的整体影响也显著高于中国媒体,其对微博舆论的“引导力”占比高达近八成。换言之,尽管中国的数字审查制度被普遍视为“防火墙”,但该研究显示,微博上与俄乌冲突相关的信息并非仅由中国官方媒体“把关”,而是受到外语媒体(尤其是俄语媒体)的显著影响。研究者指出,这一结果与传统的“信息孤岛”假说并不完全吻合。
最后,作者表示:“总体而言,这些结果表明,尽管中国实行严格的审查制度,但中国民众在数字领域并未与世界其他国家隔绝。中国国家媒体并不是国内观众了解外交事务的唯一守门人。我们的研究结果还强调,英语或纯粹西方导向的视角可能会导致人们误以为中国在数字领域是孤立的。考虑到其他语言和背景,很明显,在中国境外流传的叙事也出现在中国互联网上。”
公民维权志愿者联网组织维权网于12月31日发布了十二月《中国大陆在押政治犯、良心犯月度报告》。根据该报告,维权网上期名录中的44人已被刑满释放或取保获释。本期获悉有2名良心犯在狱中被迫害致死。并获悉有被羁押的3人被判刑,9人狱中有新动态。同时,本期新增被刑事拘留/被精神病/强迫失踪3人以及38人被判刑,共计41人。被捕的主要原因是维权上访,参加宗教活动,以及参加民主人权活动等。
1、本月获悉上期名录中刑满释放及取保获释的44人的名单:
白彦宾、卞丽训、常秀娥、陈淑琴、杜志俊、
范一平、何庆云、胡德元、黄爱华、江笑容、
金永新、靳玉玲、景润茹、寇爱梅、李萍、
栗静、 林国兰、刘淑萍、刘嗣祖、娄亚红、
马庆霞、梅新英、潘冬梅、任桂芬、孙淑杰、
汤芳琼、王红、 王卫真、吴玉娟、夏忆林、
徐建鑫、袁王柱、袁文格、曾永昭、张凤莲、
张美玲、张宪、 张小荣、赵常碧、卓顺珍、
江贤俊、訚爱梅、段振伟、曹培植、
2、羁押人员3人被判刑:
7年:董郁玉、
4年6个月:张忠顺、
2年6个月:宋泽、
3、被刑事拘留、被精神病、强迫失踪3人:
李宜雪:江西维权人士,女。李宜雪女士维权事件源于其在2022年4月14日遭派出所辅警猥亵,并在向警方指控后,竟然被警方送至江西省精神病院强制入院56日的事件。2022年12月21日,南昌市公安局西湖分局发通报回应,认定涉事辅警赖某吉不存在猥亵行为,并指李宜雪在2022年4月中先后4次在公共场合扬言自杀、自称患有抑郁症、难以入睡,丁公路派出所因此将其送至江西省精神病院,医院诊断后收治入院,民警也于当日通知家属。李宜雪后以医疗损害责任纠纷为由起诉江西省精神病院,并在网上曝光遭遇、发视频回应通报。2022年12月6日,诉江西省精神病院案一审开庭,庭审约两个小时,法院宣布择期宣判。2024年12月14日,李宜雪发布两则短视频称西湖分局筷子巷派出所所长带十余人闯入家中并破坏门口监控设备,此后李宜雪失联,引发网民持续关注。西湖区委宣传部12月17日通报称,当地小区此后每日上门关心,李宜雪一直在家中。大批中国大陆网民尝试多种方式联系李宜雪未果。2024年12月22日,南昌市公安局西湖分局、西湖区南浦街道办事处发布通告称,12月13日夜间北京安定医院3名专家(另5名民警、1名小区干部陪同)已在协商后上门到李宜雪家中为李宜雪鉴定,并与李宜雪父亲谈话,12月21日北京安定医院作出李宜雪患有强迫性障碍、人格障碍,鉴于李宜雪当前病情,22日已将其送诊。上述公告并未打消公众质疑,相反,大陆民间舆论对中共当局再次强制将李宜雪关进精神病院一事表达强烈的不满,谴责之声一夜之间如海啸一般。
多杰旦仁:藏族,他是位于青海果洛州久治县的多杰旦民族职业技术学校校长。多杰旦仁波切于2024年11月初被失踪,中共当局警告当地僧俗民众不得谈论他被失踪情况和传送他的开示视频等。多杰旦职业学校有1300多学生,藏人开始担心这个职校的命运。
刘汉斌:重庆自媒体人,网名:文艺犯。2024年11月27日,刘汉斌因公开声援内蒙古清河县失地农民维权,被内蒙古呼和浩特警方以涉嫌“寻衅滋事罪”跨省抓捕,并被刑事拘留,目前关押在呼和浩特市第一看守所。律师提出取保候审的请求,于2024年12月6日被呼和浩特警方以“案件重大复杂”为由拒绝,并且限制律师的正常会见权利。刘汉斌是一名长期关注社会问题、敢于揭露真相的自媒体人。他通过个人平台记录和揭露中国基层社会的不公现象,特别是失地农民的困境。此次事件的起因是刘汉斌公开支持内蒙古清河县失地农民的维权行动,揭露当地政府强行征地、补偿不足等问题。这些失地农民多年来上访未果,甚至遭到地方政府的暴力打压和非法拘禁。
4、本期新增被判刑的38人名单:
16年:帕尔哈提·吐尔逊(维)、
10年:任建平、毛丽旦·依拉吾冬(维)、李卓忠、廖燕琼、
9年:杜秀艳、
7年9个月:邹家成、
7年6个月:陈敏、
7年:高晓颖、张秀芳、赵家贤、
6年9个月:林卓廷、
6年6个月:彭卓棋、李秀珍、
6年1个月:钟锦麟、
6年:姚锡锐、
5年:谢育军、
4年6个月:丛伟、
4年:杨秀花、黄邵溥、王建、
3年6个月:李孟君、刘春华、
3年3个月:李春丰、
3年:段桂秀、张旭、金宝存、杨淑玉、
2年10个月:杨洁、
2年6个月:张淑杰、赵鸿娥、
2年:朱亚梅、
1年9个月:王改梅、
1年6个月:杨毓萍、
1年4个月:杨美华、
1年:孙超、李俊飞、苑俊丰、
5、本期获悉狱中被迫害致死的2人名单:
王忠实、姚静娇、
截止发稿为止,中国目前共有1651名在押政治犯、良心犯。其中,死缓11人,无期徒刑18人,有期徒刑1387人,刑期不明24人,羁押未判235人,另有大量人员 “被精神病” 和强迫失踪并未完全记录在内。
每位政治犯、良心犯的被捕原因详情请访问维权网:《维权网:中国大陆在押政治犯、良心犯月度报告(2024年12月31日)第111期(共1651人)》
此外,我们还需要关注的有非营利组织中国劳工通讯对于中国劳工权利的追踪报道。十二月份中国发生了安全事故0起,工人集体行动166起,工人求助36起。
A contingent of 150 Guatemalan soldiers has arrived in Haiti, tasked with helping to restore order amid the chaos wrought by armed gangs.
A first group of 75 soldiers arrived on Friday and another 75 on Saturday, all drafted from the military police, according to Guatemala's government.
A state of emergency has been in place across the Caribbean nation for months as the government battles violent gangs that have taken control of much of Port-au-Prince.
The forces are in Haiti to boost a United Nations-backed security mission led by Kenya that has so far failed to prevent violence from escalating.
Kenya sent nearly 400 police officers in June and July last year to help combat the gangs.
This was the first tranche of a UN-approved international force that will be made up of 2,500 officers from various countries.
A small number of forces from Jamaica, Belize and El Salvador are also in Haiti as part of the mission and the US is the operation's largest funder.
In March 2024, armed gangs stormed Haiti's two biggest prisons, freeing around 3,700 inmates.
The Ouest Department - a region including the capital Port-au-Prince - was originally put under a state of emergency on 3 March, after escalating violence gripped the capital.
Chronic instability, dictatorships and natural disasters in recent decades have left Haiti the poorest nation in the Americas.
In 2021, President Jovenel Moïse was assassinated by unidentified gunmen in Port-au-Prince.
Since then the country has been wracked by economic chaos, little functioning political control and increasingly violent gang warfare.
在过去的一年多,有两个一模一样的主播,在主持南方周末“来说说看”栏目的播报。哪怕是这家报社里的员工,可能也分不清两者的区别。
“有一天,我给我7岁的女儿看数字‘小岚’播报的视频。她说,这个人怎么跟妈妈有点不像。我问,哪儿不像,她就说,眨眼有点奇怪。”
(本文首发于2025年1月2日《南方周末》)
南方周末记者 苏有鹏
责任编辑:吴筱羽
(吴筱羽使用AI工具生成/图)
世界上第一位虚拟新闻女主播的生日是2000年4月19日,新世纪到来不久。她叫安娜诺娃,28岁,略带美国东部口音,创造她的英国报业联会觉得,她对男性和女性将具有同样大的吸引力。不过,在24年之后,这位头发、衣服和瞳孔都是绿色的女士,或许会让人联想到被淘汰的电脑游戏。
风向变成了尽可能的真实和完美。
在过去的一年多,有两个一模一样的主播,在主持南方周末“来说说看”栏目的播报。哪怕是这家报社的员工,可能也分不清两者的区别。她们一位是何京岚,南方周末研究院副秘书长,一个7岁女孩的母亲;另一位是数字“小岚”,她拥有和何京岚完全一样的外貌,是何京岚在一个秋日上午的切片。
数字“小岚”存活在每一个何京岚来不及录制视频的时刻,有时,她还能在互联网上收获不错的反馈。当人们越来越担忧工作是否会被人工智能取代时,何京岚已经有了另一种独特体验:人工智能正在压缩人类获得正反馈的机会。
以下为何京岚的讲述。
我第一次作为主播出现在南方周末的视频号上,是2023年4月13日。当时,北京出台了一项征收集体土地的文件,指出,要将“拆迁”改为“搬迁”。我们就从这个切口出发,做了简单的解读。
我一直在南方周末研究院的秘书处工作,日常工作需要和报社内的各个部门打交道,“主播”是一次跨界尝试。就在那个月,全媒体创意内容部的同事找到我,觉得我普通话还不错,就让我尝试出镜口播。刚开始没有把握,一是没有经过专业的训练,二是对形象不是很自信。她又劝我,说暂时没经费请专业主持来做这个事情,我的领导也支持我试一下。我想,组织都不嫌弃我,我也愿意去做一些尝试,就赶鸭子上架了。
大家有一股想到就干的热情。我记得那天是周五,中午我答应了,晚上就要拍。他们想拍出短视频平台上黑色背景、有采访感的片子,可是我头也没洗,穿着一件很随意的灰格子衬衫就上了。相机是和同事借的,
Plans for an upgraded NHS App to allow more patients in England to book treatments and appointments will be part of a package of measures unveiled by the government on Monday.
The changes will allow patients who need non-emergency elective treatment to choose from a range of providers, including those in the private sector.
Ministers and NHS leaders will publish this week what is described as an elective reform plan designed to speed up planned treatment.
But the British Medical Association (BMA) said there was a risk the policy would "discriminate or alienate" patients who did not have access to digital technology.
The plan will set out how the government intends to meet one of its key election pledges – for more than nine in 10 patients to have their treatment or be signed off within 18 weeks of a referral by the end of this parliament.
Currently fewer than six in 10 are dealt with in that time. The aim will be to reduce significantly the overall waiting list which stands at just under 7.5 million.
Health Secretary Wes Streeting said the move will shift the NHS "into the digital age" and help cut waiting times "from 18 months to 18 weeks".
The plans would "put patients in the driving seat and treat them on time", and they would be "put in control of their own healthcare", Mr Streeting said.
Action will also be taken to tackle missed appointments, which can be costly for the health service, including an artificial intelligence pilot to help pinpoint patients that may need extra help to attend.
The Department of Health said the NHS app would allow more patients needing non-urgent treatment to view and manage appointments.
The first step of the plan will come into force in March, when patients at more than 85% of acute trusts will be able to view their appointments on the NHS app.
Reminders would be sent out by hospitals to reduce the number of appointments missed. Diagnostic tests could be booked at specialist centres with the results coming through more quickly.
They will also be able to contact their healthcare provider and receive regular updates, including how long they are likely to wait.
Patients already have the right to choose where they would like their treatment, including in the private sector, but are not always told that. Details of NHS and independent providers will be made clearer through the app.
Some of these features are already available on the NHS app and a website Manage Your Referral. But officials say just 8% of bookings are made through these platforms.
Other plans include expanding a scheme for GPs to discuss some cases with hospital specialists before making referrals to ensure patients are treated in the right setting.
The current Advice and Guidance Scheme has resulted in 50% of cases being directed to more appropriate care rather than being put on long waiting lists and so reducing pressure on hospitals. These include some ear, nose and throat conditions.
GPs will also be able to refer patients with certain conditions directly for tests or scans without the need to see a consultant first. The aim is to reduce waiting times and remove those who are given the all clear from waiting lists.
Amanda Pritchard, chief executive of NHS England, said using technology would revolutionise access to healthcare and put "patients in the driving seat of elective care".
But the chair of the BMA council, Professor Phil Banfield, said the focus should be on patients most in need rather than a "wasteful obsession" with artificial targets.
He said there was a danger patients without access to tablets and smartphones would be alienated.
"We already have a two-tier health system – those who can and cannot pay to access care," he said. "We must guard against creating a third tier of the disenfranchised vulnerable".
Tim Mitchell, President of the Royal College of Surgeons of England, said a new plan for reducing waiting times would be very welcome. But he added the government would fall short of its target without further reform and investment "including upgrading IT and crumbling NHS facilities".
It's the picture of domestic bliss.
The Duchess of Sussex, picking flowers, slicing veggies and decorating cakes in a trailer for her new Netflix show.
There's also a scene where she harvests honey, and hugs her husband, Prince Harry.
Meghan, it appears, has rebranded herself. Her new look is described by public relations expert Chloe Franses as similar to the "trad wife" social media trend, inspired by 1950s housewives.
In that sense, it is a departure for Meghan, who has been known as a feminist and a Hollywood actress.
But Frances says it's actually a return to Meghan's roots, as the duchess used to be a lifestyle blogger before she married Harry.
And as ever with Meghan, it's proving divisive. Franses praises it as "authentic," while Alex Silver, a media relations expert, calls it "tone deaf".
So what's the reason for her new TV show, With Love, and will it work?
One of the most striking things about the trailer is that it's Meghan on her own, rather than with Harry.
Since stepping down as senior royals in 2020 and moving to California, the pair have pursued various ventures together, including starting a production company and charitable foundation.
But with this new show, it looks like the couple increasingly want to do their own thing professionally - and to create two separate income streams.
"They seem to have separated their brands," says Pauline Maclaran, professor of marketing and consumer research at Royal Holloway.
"I think it's likely to be much more successful, because I think the two of them together weren't really getting any strong recognition."
The relaunch also signifies a move away from royal life.
Since stepping back as senior royals, Harry and Meghan have continued to talk about the monarchy - including in their 2021 Oprah Winfrey interview and Harry's book Spare.
But in this new TV show, Meghan "isn't drawing on her royal connections" anymore, says Maclaren.
Instead, it focuses on lifestyle and wellness - areas she already explored before she met Harry through her lifestyle blog The Tig.
On The Tig, Meghan shared beauty, diet and fashion tips, recipes, travel advice, and words of wisdom about love and life.
The Tig was closed in 2017, but PR experts have said that returning to lifestyle could be a smart move.
"This is a well-trodden path for a woman in the public eye who has a lifestyle that straddles aspirational as well as challenging," Frances says.
Others are more sceptical.
"There are more interesting and significant world events that are happening, which she could be talking about," Silver says. "She could've been raising awareness for charitable work or something.
"I think she is all about herself. As a publicist, I can't understand how she can't read a room."
Experimenting in the world of lifestyle has also backfired for some others in the public eye.
Brooklyn Beckham's debut photography book was roundly mocked on social media, for instance - with one picture of an elephant receiving particular ire.
This is not Meghan's first foray into the business world - an industry fraught with risk and reward.
The couple's previous business initiatives include a multi-million pound deal with Netflix.
They appeared in another Netflix show, called Harry & Meghan, about their relationship. Both were also named as executive producers for the recent Polo documentary, but it drew low ratings from critics including in The Guardian and The Telegraph.
Spotify's big bet on Meghan also fell flat.
In July 2023, the streaming giant and the Sussexes's Archewell Audio announced they were parting ways in a mutual decision.
At the time, experts suggested there hadn't been a big enough audience for Megan's Archetypes podcast to justify keeping it going.
Last March, she launched a different lifestyle brand called American Riviera Orchard. It currently has more than 600,000 followers on Instagram, and features nine posts from when it launched - but there have been no posts since then.
With this new venture, some have speculated that Meghan is hoping to open up further business opportunities for herself, such as partnerships with major supermarkets and brands.
If so, she would be following in the path of others such as Hollywood A-lister Gwyneth Paltrow, with her hugely successful lifestyle platform Goop.
"This is clearly all about her own commercial interests," says Silver.
"They're aware their income is going to dry up at some stage. Their lifestyles are quite lavish, they're mixing in upmarket circles and they don't want to be the poor relation."
When it comes to the new TV show, royal expert Victoria Murphy says she "[doesn't] think there's any doubt that people will watch it initially and it will do well".
But she says the real test is whether it engages a consistently large following and really builds a strong global brand for her outside the monarchy.
McLaren agrees, saying she thinks the show will chime with certain groups of people, particularly in the US.
"A lot of the public won't be interested in this but I don't think that's her aim - I think she'll be trying to get other mothers like herself really."
Silver, for her part, argues that Meghan may be hoping to "detoxify" her brand with the new show.
But she doesn't think the show will resonate with the public.
"I can't imagine this is going to be a well viewed thing," Silver says.
Perhaps the reaction to the trailer tells us everything we need to know about how this latest venture is likely to go down.
After it dropped on Thursday, thousands of column inches were dedicated to it.
The Daily Mail, for example, picked apart every single detail of every frame in the trailer, most of it unsympathetic.
The duchess, it seems, is of never ending interest - especially for the British tabloids. But she also has a core fan base on social media.
For her detractors, they will say this is glossy and superficial, Hollywood at its worst.
But for her fans, they will say it's great to see her back, and that this shows exactly what the Royal Family are missing.
In other words, this is likely to reinforce whatever people think about Meghan on either side.
Additional reporting by Guy Lambert and Nadine Yousif.
A Pulitzer Prize-winning cartoonist has resigned from the Washington Post after the newspaper refused to publish a cartoon satirical of the paper's billionaire owner Jeff Bezos.
Ann Telnaes, a long-time Washington Post cartoonist, created a cartoon of Mr Bezos and other tycoons kneeling before a statue of President-elect Donald Trump.
Ms Telnaes announced her resignation in a Substack post Friday: "In all that time I've never had a cartoon killed because of who or what I chose to aim my pen at. Until now."
David Shipley, the editorial page editor at the paper, said he decided not to run the cartoon in order to avoid repetition, not because it mocked the paper's owner.
In the cartoon, Mr Bezos, Meta founder Mark Zuckerberg and OpenAI's Sam Altman are depicted on their knees giving bags of cash to a statue of Trump.
Mickey Mouse is also depicted prostrate in the cartoon. ABC News – which is owned by Disney – last month agreed to pay $15m to settle a defamation lawsuit filed by Trump.
"The cartoon that was killed criticizes the billionaire tech and media chief executives who have been doing their best to curry favor with incoming President-elect Trump," Ms Telnaes wrote in her resignation announcement.
She said the cartoon was satirising "these men with lucrative government contracts and an interest in eliminating regulations".
Ms Telnaes said the Washington Post's refusal to run the cartoon was a "game changer" and described it as "dangerous for a free press".
But Mr Shipley told the BBC his decision not to publish the cartoon was because of repetition of another piece set to publish.
"I respect Ann Telnaes and all she has given to The Post. But I must disagree with her interpretation of events," he said in a statement. "Not every editorial judgment is a reflection of a malign force."
He added: "My decision was guided by the fact that we had just published a column on the same topic as the cartoon and had already scheduled another column – this one a satire – for publication."
Last month, Mr Bezos announced Amazon would donate $1m to Trump's inauguration fund and make a $1m in-kind contribution.
Mr Bezos also described Trump's re-election victory as "an extraordinary political comeback" and dined with him at the president-elect's Mar-a-Lago residence in Florida.
The newspaper faced a liberal backlash weeks before the November presidential election after Mr Bezos interceded to prevent the editorial board endorsing Vice-President Kamala Harris.
Mr Bezos defended the move, but the newspaper reported it lost more than 250,000 subscribers following the decision.
The Los Angeles Times, whose owner Patrick Soon-Shiong is also depicted in the now-killed cartoon, made a similar move and said the newspaper would not publish its endorsement of Harris in October.
The Golden Globe Awards take place later, with Emilia Pérez, Conclave, Anora and The Brutalist in the running for the top prizes.
Film acting nominees include Zendaya, for tennis drama Challengers, and Timothée Chalamet for his starring role in Bob Dylan biopic A Complete Unknown.
Cynthia Erivo and Ariana Grande are both up for their roles as sorcery students in Wicked, the musical adaptation of the hit stage show, while Daniel Craig is nominated for 1950s romance Queer, Demi Moore is up for body horror The Substance, and Nicole Kidman for erotic drama Babygirl.
Kate Winslet has two nominations - for Lee, a film about war photojournalist Lee Miller, and for her leading TV role in political satire The Regime. Selena Gomez is also up for two - for the film Emilia Pérez, about a Mexican drug lord who changes gender, and TV mystery comedy Only Murders in the Building.
The event marks the first major ceremony of the film awards season, which culminates with the Oscars on 2 March.
The Globes will be held at the Beverly Hilton Hotel in Los Angeles on Sunday evening, beginning at 01:00 GMT on Monday for UK audiences.
A win at the Globes can help boost a film's profile at a crucial time, when Bafta and Oscar voters are preparing to fill in their nomination ballots.
But the Globes is a much less formal event than the Academy Awards, with celebrities generally in a good mood after the Christmas break, ready to mingle over a few drinks and have fun with their acceptance speeches.
The main film contenders:
Baby Reindeer, Shogun and The Bear are among the shows competing in the TV categories.
In recent years, the voting body behind the Globes has expanded and diversified its membership and brought in a new code of conduct.
The changes follow a scathing investigation by the LA Times in 2021 which exposed various ethical lapses, such as voters accepting "freebies" from studios and PR agencies lobbying for nominations.
The Golden Globes split their film categories by drama and comedy/musical, which allows them to nominate more movies and hand out more prizes than other ceremonies.
The film with the most nominations is Emilia Pérez, a largely Spanish-language musical about a dangerous cartel leader who wants to quit the world of crime and live a new life as a woman.
However, several of its 10 nominations are in the same categories - with two nods in best original song and two in best supporting actress.
Other contenders in the musical/comedy category include Anora, the story of a New York stripper who falls for the son of a wealthy Russian oligarch.
The Substance, which sees a woman trade her body for a younger, more beautiful version of herself is also nominated, along with A Real Pain, about two cousins travelling across Poland after the death of their grandmother.
In the drama category, acclaimed historical epic The Brutalist follows a Hungarian architect who tries to build a new life for himself in America following World War Two.
It's up against Conclave, based on the 2016 novel by Robert Harris, which depicts a group of gossipy and scheming cardinals who gather in Rome to select the new Pope.
Nickel Boys, about two young men forced to attend a reform school in 1960s Florida, and September 5, which dramatises the terror attack on the 1972 Munich Olympics from the perspective of the sports journalists who covered it, are also in the running.
The other drama contenders include the sandy sci-fi sequel Dune: Part Two and A Complete Unknown, about Bob Dylan’s rise to fame in the 1960s.
Blockbusters including Deadpool & Wolverine, Twisters, Inside Out 2, Gladiator II and The Wild Robot will compete for the cinematic and box office achievement award, which was introduced last year to recognise more mainstream films.
Dune: Part Two was not submitted in that category despite its huge financial success, reportedly because the film's producers wanted Globe voters to focus on its artistic merits.
That means if members want to vote for the film, they will have to do so in the main categories.
There's a much higher chance of an actor being nominated at the Globes, where there are 36 slots available, than at the Oscars, which have 20.
As a result, the Globes are able to lean in to big celebrity names, ensuring their ceremony is well attended by A-listers, not all of whom will necessarily go on to score an Oscar nomination.
British acting nominees this year include Daniel Craig (Queer) Kate Winslet (Lee), Ralph Fiennes (Conclave), Cynthia Erivo (Wicked) Hugh Grant (Heretic), Tilda Swinton (The Room Next Door) and Felicity Jones (The Brutalist).
They are joined by stars including Angelina Jolie (Maria), Nicole Kidman (Babygirl), Demi Moore (The Substance), Glen Powell (Hit Man), Timothée Chalamet (A Complete Unknown) and Zendaya (Challengers).
There are two pop stars in the race - with Ariana Grande (Wicked) and Selena Gomez (Emilia Pérez) both in the running for best supporting actress.
Other well-known nominees include Amy Adams (Nightbitch), Pamela Anderson (The Last Showgirl), Colman Domingo (Sing Sing) and Denzel Washington (Gladiator II).
The supporting actor category will see two former Succession stars go head to head - Kieran Culkin (A Real Pain) and Jeremy Strong (The Apprentice).
Strong's co-star Sebastian Stan has two nominations - one for playing Donald Trump in The Apprentice and one for A Different Man.
But some of the strongest contenders this awards season aren't necessarily Hollywood A-listers, such as relative newcomer Mikey Madison (Anora), Spanish actress Karla Sofía Gascón (Emilia Pérez), Brazil's Fernanda Torres (I'm Still Here) and Russian actor Yura Borisov (Anora).
Away from the top categories, other notable nominees include singer Robbie Williams in the best original song category, for Forbidden Road, from his biopic Better Man.
Two of this year's winners have already been announced: Viola Davis will take home the Cecil B DeMille Award, for outstanding contribution to film, while Ted Danson will be honoured with the Carol Burnett Award, for excellence in television.
The Globes have traditionally had excellent taste in hosts, regularly enlisting an acerbic personality to make cutting jokes about the A-list guests.
They are continuing that model this year with US comic Nikki Glaser, who gave a barnstorming performance at The Roast of Tom Brady last summer.
Glaser said she was "absolutely thrilled" to be hosting the Globes, adding she was looking forward to getting a "front row seat" at "one of my favourite nights in television".
"It's one of the few times that show business not only allows, but encourages itself to be lovingly mocked (at least I hope so). (God I hope so)," she said in a statement.
"Some of my favourite jokes of all time have come from past Golden Globes opening monologues when Tina [Fey], Amy [Poehler] or Ricky [Gervais] have said exactly what we all didn't know we desperately needed to hear.
"I just hope to continue in that time-honoured tradition (that might also get me cancelled). This is truly a dream job."
US viewers can watch the show live on the CBS network, which is airing the Globes as part of a five-year deal.
It will also stream on Paramount+ with Showtime. The ceremony starts at 01:00 GMT and usually lasts between three and four hours.
UK viewers without a VPN can expect to see highlights on social media, YouTube and news bulletins on Monday morning.
Americans have been gathering to remember Jimmy Carter as a nearly week-long state funeral gets under way for the 39th US president.
Saturday's procession from Carter's home in Plains, Georgia, to Atlanta marked the beginning of the six-day public goodbye for the statesman, who passed away last month aged 100.
Carter will be flown to Washington DC on Tuesday where he will lie in state at the US Capitol before a service on Thursday that will feature remarks from former American presidents.
Mourners from the state of Georgia and around the world have gathered in Atlanta to pay their respects.
Among those who came on Saturday was Heather Brooks, an Atlanta resident and "great admirer" of the Democrat.
"[I] found him to be always kind, relatable, just an awesome individual who has done so much for the world, not just America," Ms Brooks told the BBC.
She said she had met Carter a handful of times and described him as "powerful yet so humble".
Paige Alexander, the head of the Carter Center, told the BBC that the ex-president should be remembered for his "sincerity and integrity".
"I mean, at the end of the day, you have a politician who would say during a debate, you know, 'the Honourable President [Gerald] Ford and I disagree on these issues'," Ms Alexander said. "You don't hear that now."
The grassy area outside the Carter Center has been overflowing with flowers, handwritten tributes and bags of peanuts, a reference to Carter's early years as a peanut farmer in Plains.
Those who knew the former president well, like Jill Stuckey, a long-time friend of the Carter family, said she will miss his - and his wife Rosalynn's - commitment to helping others.
That's something Ms Stuckey said the couple was committed to "until the day they passed".
"I don't know how we're going to get used to a world without President Carter," she told the BBC.
On Saturday the motorcade passed the Methodist church where the Carters married in 1946, and the home where they lived and died.
The former president will be buried there alongside Rosalynn, who died in late 2023 aged 96.
The procession also stopped in front of Carter's boyhood home and family farm just outside Plains. The site is now part of Jimmy Carter National Historical Park, which rang the old farm bell on Saturday 39 times to honour the 39th president.
The motorcade then stopped at the Georgia state capitol building for a moment of silence led by Georgia Governor Brian Kemp.
Mourners will be able to visit Carter at the presidential library on 5 January and 6 January before he is flown to Washington DC on 7 January.
For two days he will lie in state at the US Capitol Rotunda, where the public will be able to pay their respects.
His life will be commemorated at Washington National Cathedral on 9 January in a service attended by several former presidents.
On top of the political praise Carter is expected to receive in the coming days will be the personal tributes from his extended family.
For Jason Carter, the former president's grandson, it is the personal connection he had with people that he will especially miss.
"I think for many people in the country he was a beacon of love and respect and I think that's worth celebrating," the former Georgia state senator told the BBC.
Austria's Chancellor Karl Nehammer says he will resign in the coming days, both as chancellor and party leader, after talks about forming a coalition government collapsed.
The chancellor said his party - the conservative People's Party (ÖVP) - and the Social Democrats had failed to agree on key issues.
The liberal Neos, another party involved in the talks, also pulled out on Friday.
In September the far-right Freedom Party (FPÖ) won an unprecedented victory in Austria's general election, but the other parties ruled out forming a coalition with the FPÖ's leader Herbert Kickl.
The collapse of the talks could lead to the conservatives negotiating with the far-right, or to a new election taking place, analysts have said.
The Russia-friendly FPÖ has been in a ruling coalition before. It would likely welcome a new election as opinion polls suggest its popularity has grown further since September.
The FPÖ has said in a statement on X that three months have been lost by the coalition talks and adds that "instead of stability, we have chaos".
The party has called for Social Democrat leader Andreas Babler to also resign and said President Alexander Van der Bellen bears "a significant share of responsibility for the chaos that has arisen and the lost time".
The FPÖ won almost 29% of the vote in September's election, the People's Party came second with 26.3% and the Social Democrats third, with 21%.
There was a high turnout of 77.3% as Austrian voters took part in an election dominated by the twin issues of migration and asylum, as well as a flagging economy and the war in Ukraine.
The FPÖ's Kickl promised to build "Fortress Austria", to restore Austrians' security and prosperity.
The party wants firm rules on legal immigration and it has promoted the idea of remigration, which involves sending asylum seekers to their original countries.
The FPÖ was founded by former Nazis in the 1950s.
Two days before last year's general election vote some of its candidates were caught on video at a funeral where an SS song was sung.
The party later denied the song, dating back to 1814, had any link to "National Socialist sentiments".
It's the picture of domestic bliss.
The Duchess of Sussex, picking flowers, slicing veggies and decorating cakes in a trailer for her new Netflix show.
There's also a scene where she harvests honey, and hugs her husband, Prince Harry.
Meghan, it appears, has rebranded herself. Her new look is described by public relations expert Chloe Franses as similar to the "trad wife" social media trend, inspired by 1950s housewives.
In that sense, it is a departure for Meghan, who has been known as a feminist and a Hollywood actress.
But Frances says it's actually a return to Meghan's roots, as the duchess used to be a lifestyle blogger before she married Harry.
And as ever with Meghan, it's proving divisive. Franses praises it as "authentic," while Alex Silver, a media relations expert, calls it "tone deaf".
So what's the reason for her new TV show, With Love, and will it work?
One of the most striking things about the trailer is that it's Meghan on her own, rather than with Harry.
Since stepping down as senior royals in 2020 and moving to California, the pair have pursued various ventures together, including starting a production company and charitable foundation.
But with this new show, it looks like the couple increasingly want to do their own thing professionally - and to create two separate income streams.
"They seem to have separated their brands," says Pauline Maclaran, professor of marketing and consumer research at Royal Holloway.
"I think it's likely to be much more successful, because I think the two of them together weren't really getting any strong recognition."
The relaunch also signifies a move away from royal life.
Since stepping back as senior royals, Harry and Meghan have continued to talk about the monarchy - including in their 2021 Oprah Winfrey interview and Harry's book Spare.
But in this new TV show, Meghan "isn't drawing on her royal connections" anymore, says Maclaren.
Instead, it focuses on lifestyle and wellness - areas she already explored before she met Harry through her lifestyle blog The Tig.
On The Tig, Meghan shared beauty, diet and fashion tips, recipes, travel advice, and words of wisdom about love and life.
The Tig was closed in 2017, but PR experts have said that returning to lifestyle could be a smart move.
"This is a well-trodden path for a woman in the public eye who has a lifestyle that straddles aspirational as well as challenging," Frances says.
Others are more sceptical.
"There are more interesting and significant world events that are happening, which she could be talking about," Silver says. "She could've been raising awareness for charitable work or something.
"I think she is all about herself. As a publicist, I can't understand how she can't read a room."
Experimenting in the world of lifestyle has also backfired for some others in the public eye.
Brooklyn Beckham's debut photography book was roundly mocked on social media, for instance - with one picture of an elephant receiving particular ire.
This is not Meghan's first foray into the business world - an industry fraught with risk and reward.
The couple's previous business initiatives include a multi-million pound deal with Netflix.
They appeared in another Netflix show, called Harry & Meghan, about their relationship. Both were also named as executive producers for the recent Polo documentary, but it drew low ratings from critics including in The Guardian and The Telegraph.
Spotify's big bet on Meghan also fell flat.
In July 2023, the streaming giant and the Sussexes's Archewell Audio announced they were parting ways in a mutual decision.
At the time, experts suggested there hadn't been a big enough audience for Megan's Archetypes podcast to justify keeping it going.
Last March, she launched a different lifestyle brand called American Riviera Orchard. It currently has more than 600,000 followers on Instagram, and features nine posts from when it launched - but there have been no posts since then.
With this new venture, some have speculated that Meghan is hoping to open up further business opportunities for herself, such as partnerships with major supermarkets and brands.
If so, she would be following in the path of others such as Hollywood A-lister Gwyneth Paltrow, with her hugely successful lifestyle platform Goop.
"This is clearly all about her own commercial interests," says Silver.
"They're aware their income is going to dry up at some stage. Their lifestyles are quite lavish, they're mixing in upmarket circles and they don't want to be the poor relation."
When it comes to the new TV show, royal expert Victoria Murphy says she "[doesn't] think there's any doubt that people will watch it initially and it will do well".
But she says the real test is whether it engages a consistently large following and really builds a strong global brand for her outside the monarchy.
McLaren agrees, saying she thinks the show will chime with certain groups of people, particularly in the US.
"A lot of the public won't be interested in this but I don't think that's her aim - I think she'll be trying to get other mothers like herself really."
Silver, for her part, argues that Meghan may be hoping to "detoxify" her brand with the new show.
But she doesn't think the show will resonate with the public.
"I can't imagine this is going to be a well viewed thing," Silver says.
Perhaps the reaction to the trailer tells us everything we need to know about how this latest venture is likely to go down.
After it dropped on Thursday, thousands of column inches were dedicated to it.
The Daily Mail, for example, picked apart every single detail of every frame in the trailer, most of it unsympathetic.
The duchess, it seems, is of never ending interest - especially for the British tabloids. But she also has a core fan base on social media.
For her detractors, they will say this is glossy and superficial, Hollywood at its worst.
But for her fans, they will say it's great to see her back, and that this shows exactly what the Royal Family are missing.
In other words, this is likely to reinforce whatever people think about Meghan on either side.
Additional reporting by Guy Lambert and Nadine Yousif.
The Golden Globe Awards take place later, with Emilia Pérez, Conclave, Anora and The Brutalist in the running for the top prizes.
Film acting nominees include Zendaya, for tennis drama Challengers, and Timothée Chalamet for his starring role in Bob Dylan biopic A Complete Unknown.
Cynthia Erivo and Ariana Grande are both up for their roles as sorcery students in Wicked, the musical adaptation of the hit stage show, while Daniel Craig is nominated for 1950s romance Queer, Demi Moore is up for body horror The Substance, and Nicole Kidman for erotic drama Babygirl.
Kate Winslet has two nominations - for Lee, a film about war photojournalist Lee Miller, and for her leading TV role in political satire The Regime. Selena Gomez is also up for two - for the film Emilia Pérez, about a Mexican drug lord who changes gender, and TV mystery comedy Only Murders in the Building.
The event marks the first major ceremony of the film awards season, which culminates with the Oscars on 2 March.
The Globes will be held at the Beverly Hilton Hotel in Los Angeles on Sunday evening, beginning at 01:00 GMT on Monday for UK audiences.
A win at the Globes can help boost a film's profile at a crucial time, when Bafta and Oscar voters are preparing to fill in their nomination ballots.
But the Globes is a much less formal event than the Academy Awards, with celebrities generally in a good mood after the Christmas break, ready to mingle over a few drinks and have fun with their acceptance speeches.
The main film contenders:
Baby Reindeer, Shogun and The Bear are among the shows competing in the TV categories.
In recent years, the voting body behind the Globes has expanded and diversified its membership and brought in a new code of conduct.
The changes follow a scathing investigation by the LA Times in 2021 which exposed various ethical lapses, such as voters accepting "freebies" from studios and PR agencies lobbying for nominations.
The Golden Globes split their film categories by drama and comedy/musical, which allows them to nominate more movies and hand out more prizes than other ceremonies.
The film with the most nominations is Emilia Pérez, a largely Spanish-language musical about a dangerous cartel leader who wants to quit the world of crime and live a new life as a woman.
However, several of its 10 nominations are in the same categories - with two nods in best original song and two in best supporting actress.
Other contenders in the musical/comedy category include Anora, the story of a New York stripper who falls for the son of a wealthy Russian oligarch.
The Substance, which sees a woman trade her body for a younger, more beautiful version of herself is also nominated, along with A Real Pain, about two cousins travelling across Poland after the death of their grandmother.
In the drama category, acclaimed historical epic The Brutalist follows a Hungarian architect who tries to build a new life for himself in America following World War Two.
It's up against Conclave, based on the 2016 novel by Robert Harris, which depicts a group of gossipy and scheming cardinals who gather in Rome to select the new Pope.
Nickel Boys, about two young men forced to attend a reform school in 1960s Florida, and September 5, which dramatises the terror attack on the 1972 Munich Olympics from the perspective of the sports journalists who covered it, are also in the running.
The other drama contenders include the sandy sci-fi sequel Dune: Part Two and A Complete Unknown, about Bob Dylan’s rise to fame in the 1960s.
Blockbusters including Deadpool & Wolverine, Twisters, Inside Out 2, Gladiator II and The Wild Robot will compete for the cinematic and box office achievement award, which was introduced last year to recognise more mainstream films.
Dune: Part Two was not submitted in that category despite its huge financial success, reportedly because the film's producers wanted Globe voters to focus on its artistic merits.
That means if members want to vote for the film, they will have to do so in the main categories.
There's a much higher chance of an actor being nominated at the Globes, where there are 36 slots available, than at the Oscars, which have 20.
As a result, the Globes are able to lean in to big celebrity names, ensuring their ceremony is well attended by A-listers, not all of whom will necessarily go on to score an Oscar nomination.
British acting nominees this year include Daniel Craig (Queer) Kate Winslet (Lee), Ralph Fiennes (Conclave), Cynthia Erivo (Wicked) Hugh Grant (Heretic), Tilda Swinton (The Room Next Door) and Felicity Jones (The Brutalist).
They are joined by stars including Angelina Jolie (Maria), Nicole Kidman (Babygirl), Demi Moore (The Substance), Glen Powell (Hit Man), Timothée Chalamet (A Complete Unknown) and Zendaya (Challengers).
There are two pop stars in the race - with Ariana Grande (Wicked) and Selena Gomez (Emilia Pérez) both in the running for best supporting actress.
Other well-known nominees include Amy Adams (Nightbitch), Pamela Anderson (The Last Showgirl), Colman Domingo (Sing Sing) and Denzel Washington (Gladiator II).
The supporting actor category will see two former Succession stars go head to head - Kieran Culkin (A Real Pain) and Jeremy Strong (The Apprentice).
Strong's co-star Sebastian Stan has two nominations - one for playing Donald Trump in The Apprentice and one for A Different Man.
But some of the strongest contenders this awards season aren't necessarily Hollywood A-listers, such as relative newcomer Mikey Madison (Anora), Spanish actress Karla Sofía Gascón (Emilia Pérez), Brazil's Fernanda Torres (I'm Still Here) and Russian actor Yura Borisov (Anora).
Away from the top categories, other notable nominees include singer Robbie Williams in the best original song category, for Forbidden Road, from his biopic Better Man.
Two of this year's winners have already been announced: Viola Davis will take home the Cecil B DeMille Award, for outstanding contribution to film, while Ted Danson will be honoured with the Carol Burnett Award, for excellence in television.
The Globes have traditionally had excellent taste in hosts, regularly enlisting an acerbic personality to make cutting jokes about the A-list guests.
They are continuing that model this year with US comic Nikki Glaser, who gave a barnstorming performance at The Roast of Tom Brady last summer.
Glaser said she was "absolutely thrilled" to be hosting the Globes, adding she was looking forward to getting a "front row seat" at "one of my favourite nights in television".
"It's one of the few times that show business not only allows, but encourages itself to be lovingly mocked (at least I hope so). (God I hope so)," she said in a statement.
"Some of my favourite jokes of all time have come from past Golden Globes opening monologues when Tina [Fey], Amy [Poehler] or Ricky [Gervais] have said exactly what we all didn't know we desperately needed to hear.
"I just hope to continue in that time-honoured tradition (that might also get me cancelled). This is truly a dream job."
US viewers can watch the show live on the CBS network, which is airing the Globes as part of a five-year deal.
It will also stream on Paramount+ with Showtime. The ceremony starts at 01:00 GMT and usually lasts between three and four hours.
UK viewers without a VPN can expect to see highlights on social media, YouTube and news bulletins on Monday morning.
CDT编者按:2023年12月,有中国“民间防艾第一人”之称的高耀洁医生在美国纽约逝世,享年95岁。2024年12月30日,自由亚洲电台旗下的中文新闻杂志歪脑(WhyNot)采访了与高耀洁有过交往的防艾公益人士,回顾他们近年来所遭受的压力和人生轨迹。文章作者为丹木。本文是节选,点击这里访问歪脑阅读原文。CDT转载保存过多篇来自歪脑的文章,点击此处查看。
2023年12月10日,中国“民间防艾第一人”高耀洁医生去世。12月19日,她的葬礼在纽约近郊芬克利夫公墓举行,约200人冒雨参加了葬礼,其中包括她的亲属、与她一同从事艾滋病公益或晚年照料帮助过她的志愿者、人权律师、学者、媒体人、她治愈过的患者家属等。
这个出生在山东曹县、从小接受传统教育并缠足的地主女儿,熬过了战乱和文化大革命,成为在河南颇有声望的妇科医生,1996年,已经退休的高耀洁在一次会诊中发现患者由于输血感染艾滋病,意识到血库可能被污染,从此走上揭露中国艾滋病血祸、防艾和救助艾滋遗孤的道路。
当人们在纪念和缅怀高耀洁时,另一个绕不开的话题,是她揭露这场公共卫生灾难后受到的打压:她被非法限制人身自由,儿女遭到株连,最终不得不在耄耋之年出走美国,再也不能回到故土。
本文采访了几位从世纪之交开始参与艾滋病公益、并与高耀洁有过交往的人,他们所遭受的压力以及之后的人生轨迹,也是中国社会环境变化的缩影。
高耀洁去世的消息传出后,一位外媒记者试图寻找胡佳——这位从艾滋病公益事业开始逐渐走上异议之路的人权活动家,是高耀洁生前最器重的工作伙伴和晚辈之一。
然而胡佳迟迟没有回复,他沉浸在极度悲伤之中。不仅仅因为高耀洁的去世,更因为他处在国保严密的监控下,无法亲身向这位平生最尊敬的前辈道别。
胡佳与高耀洁最初相识,是在2001年。那一年,胡佳偶然了解到艾滋病正在河南农村蔓延,于是从环保志愿者转向艾滋病工作。年底,他和同伴通过电台募集到保暖衣物等物资,准备捐赠给艾滋村的贫困家庭。
运送物资的卡车被大雪困住,胡佳和同伴在12月24日乘火车先行到达河南。白天,他们在漯河市下车,探访艾滋病人,胡佳第一次见到骨瘦如柴、濒临死亡的艾滋病感染者。“我握着他的手,有一瞬间感觉自己变成了那个垂死的人,透过他的眼睛,看见了站在床前的我,”——胡佳至今仍忘不掉那一幕。午夜,胡佳和朋友们走在上蔡县街头,他们看见一辆送葬的车,车上一身白衣的女人无声地哭泣,宛如幽灵。
圣诞节当天,警察突袭了他们入住的宾馆,将他们软禁四天,并销毁了照相机的全部胶卷。
和警察一起来的,还有一名当地负责艾滋病防治的官员。被软禁的几天里,警察和官员轮番恐吓他们,毫不掩饰对记者和NGO的厌恶与恐惧。“真的是‘金句’频出”,胡佳嘲讽道。他至今还清楚地记得这些政府官员的话:“非政府组织就是反政府组织……我们防火防盗防记者”。他们勒令志愿者把物资交给政府分发,因为“必须让老百姓感谢共产党”。
[…]记者找到了曾经协助胡佳等人的村民成刚,他介入艾滋病救助工作,是因为他的第一任妻子也感染了艾滋病,感染者和家属通过正常渠道向当地卫生部门官员反映,官员只是说:“谁让你们去卖血?”
成刚不愿回忆前妻的死亡,记者提及艾滋病时,他做了一个“嘘”的手势,以防有人听到。他甚至记不清一些事件发生的具体年份,“巴不得丢掉那些记忆”,他说。
为了替患者和孤儿寻求帮助,成刚带着微薄的打工收入去寻找媒体,但没有媒体愿意报道,他又找到了北京的NGO,此后,他成为了NGO在河南的合作伙伴。成刚负责协助志愿者进村,救助艾滋孤儿,并写下艾滋病村的真实情况,其中一部分甚至在中国疾控中心下属的媒体发表。
这些工作为他惹来了麻烦,一次,他用笔名发表的作品被当地官员看到,官员到村里来打听,成刚假装什么也不知道,问道:“找到这个人怎么办?”官员答道:“抓了撂监狱里去!”成刚吓得赶紧逃离,“鞋子都跑掉了”。为了逃避骚扰和追捕,他露宿过田野、坟地,一度跑到北京,借住在NGO工作的朋友家。
后来,成刚写下的故事被集结成书。他统计了本村2000-2005年死于艾滋病的298人的姓名、性别、死亡时间和年龄,详细记录了部分人为了盖房子、娶妻卖血,最终死于艾滋病的故事,他写道:“对于国家,他们也许是数字,可是在我眼里,每个生命都是刻骨铭心的悲剧。”
这本书注定无法在中国正式出版,只能由公益机构印刷,储存在民间社会研究机构传知行的仓库里。然而,2014年,传知行被查抄、关闭时,这些书也作为“非法出版物”被没收。
如今,时过境迁,成刚也不再“对抗政府”。他开了一家店铺,重新结婚生子,成为了小康之家。他仍然关注着过去并肩战斗的人们,除此之外,他不再过多关注公共事务。
[…]李喜阁也已经销声匿迹很久,她曾经是中国最著名的艾滋病感染者之一,频繁地参加上访、应NGO和北京高校邀请赴北京讲学,甚至在2005年12月世界艾滋病日期间,登上中央电视台新闻会客厅栏目和北京新闻台“人生热线”节目。2006年,她到卫生部上访,被原籍公安局刑拘,取保候审后仍被软禁。
李喜阁(右)与高耀洁的合影(爱知行网站)2009年后,网上关于她的消息越来越少,现在也几乎没有人能够联系到她。根据多个信息来源提供的消息,她与政府的关系有所缓和,回归了平静的生活。
胡佳有时候会想念李喜阁的二女儿琳琳,当年,他曾经认琳琳做干女儿,李喜阁带女儿到北京治病、上访时,胡佳的母亲主动提出邀请她们到家里吃饭,毫无恐惧与歧视。“琳琳已经是成年的大姑娘了,不知道结婚了没有,”他自言自语,当他提到琳琳或许只能和艾滋病感染者结婚时,语气又充满了遗憾。
随着河南农村艾滋病问题逐渐解决,以及中国政府对民间组织的不断骚扰,当年关注艾滋病议题的志愿者们四散天涯,走上了不同的人生道路。有人选择了淡出社会活动,有人将议题转向人权和民主化问题,也有人选择更加温和的公益活动。
李丹曾经是与胡佳一同工作的志愿者,他毕业于北京师范大学天文系,硕士阶段研究太阳物理,2004年,他决定放弃学位,成为全职志愿者,创办了NGO“东珍纳兰”,东珍的北京办公室与亚洲促进会合作成立了“惟谦艾滋法律中心”,协助艾滋病患者维权,并开展引入国外防艾经验、高校艾滋巡讲等工作。河南办公室则致力于救助艾滋孤儿,在商丘市开设了东珍艾滋孤儿救助学校。
2008年惟谦的一份特刊记录了东珍孤儿学校遭到骚扰的情况:商丘市本地活动家因协助开办学校、接受外媒采访而被以“聚众扰乱公共秩序”的罪名刑拘,当地政府“每天派便衣警察跟踪员工出行、派人深夜闯入东珍员工宿舍进行恐吓骚扰……由便衣警察或雇佣村民对员工进行抢劫和殴打。”由于当地政府的压力,学校最终停止运营。
河南工作结束后,李丹开始致力于对高危群体进行艾滋病防治宣传,但在2011年,他发现这个议题很难得到社会大众的关注,于是转型从事文化工作,尝试开办公共空间、举办活动,为NGO和文化领域工作者提供连结的机会。
李丹本人保持着温和的作风,但2014年后,随着国内空间收紧,他的事业还是遇到了越来越多的困难,“公民社会的人不是出国,就是坐牢”,他说。2019年,他的公共空间关门大吉。他觉得,现在看来,这算是不幸中的大幸,至少不必在疫情期间浪费房租苦熬。
时至今日,李丹仍在国内的审查体系之下从事文化策展工作,致力于举办女性艺术展和国际文化交流。不过,由于网络环境的变化,即使是这样的活动,也难以避免“小粉红”的攻击。2023年底,他的活动被小粉红视为“煽动性别对立”和“勾结境外势力”,遭到一场严重的网络暴力。
(节选)
Heavy snow and freezing rain are set to bring considerable disruption across the UK, with an amber weather warning now in force.
Parts of northern England, the Midlands and Wales are forecast to be among the worst hit as adverse weather pushes northwards throughout the night, possibly bringing 20-40cm (7.8-15.7in) of snow in some places.
The Met Office has warned of hazardous travel conditions and told motorists it is "safer not to drive". Power cuts are possible and some rural communities could get cut off.
Less severe yellow weather warnings are also in force covering other areas, including Scotland, Northern Ireland and southern parts of England.
The amber weather warnings in place are:
Amber warnings are more serious than yellow warnings and indicate a possible risk to life due to severe weather, as well as more significant travel disruption.
Much of England and Wales is covered by a separate yellow warning for snow and freezing rain into Sunday, though there is uncertainty over how disruptive the adverse weather could be, with milder temperatures forecast.
Most of Northern Ireland, as well as an swathe of northern Scotland, are also covered by yellow warnings for snow and ice.
Prof Liz Bentley, chief executive of the Royal Meteorological Society, told BBC Radio 4's Today programme that freezing rain occurs when droplets fall onto surfaces at temperatures below zero degrees and instantly freeze, causing a "glazed ice" on the ground.
Snowfall began in western parts of England on Saturday evening, and a zone of wet weather will continue to move northwards across England and Wales overnight, turning readily to snow as it interacts with the cold air that is sitting across the UK.
The heaviest snow is expected in higher parts of Wales, the Midlands and northern England with up to 30-40cm possible over the mountains of north Wales, the Peak District and the Pennines.
At lower levels some disruptive snow is likely but in places this will mix with rain - falling on cold surfaces, leading to the threat of ice.
Cumbria Police said on Saturday afternoon that it had received numerous calls about a multiple-vehicle collision on Wrynose Pass in the Lake District.
Road users in England's north have been warned up to 25cm of snow could hit parts of the network including the A66 Old Spittal, A628 Woodhead Pass and M62 at Windy Hill.
Eastern parts of Northern Ireland could also see a little snow overnight with up to 10cm possible over the hills.
Snow and ice will also affect parts of southern and eastern Scotland through the early hours, with wintry showers in northern Scotland also giving the chance of slippery conditions.
Across southern counties of England and southern Wales any snow is likely to turn back to rain as milder air pushes in - temperatures in parts of south west England could be as high as 12C by the end of the night.
On Sunday further snow is expected to accumulate across parts of northern England, Northern Ireland and Scotland, where it will remain cold.
Heavy rain will be more of an issue across Wales, central and southern England where milder conditions will develop.
Fresh yellow weather warnings will also come into force in some areas on Sunday.
Heavy rain and thawing snow could lead to flooding in some parts of north-west England and Wales, while localised snow and ice warnings cover parts of Scotland where it will remain cold.
Temperatures are forecast to dip again from Monday, and UK Health Security Agency (UKHSA) amber cold weather health alerts for all of England remain in place.
You can keep up to date with BBC Weather forecasts online and on the app.
Join the BBC Weather Watchers community here.
Parts of the UK have been met with wintry scenes heading into the weekend, as frosty weather and snow make an appearance early in the new year.
Bitter conditions are expected to continue into next week thanks to an Arctic wind.
Several weather warnings are in place for parts of England and Wales as heavy snow and freezing rain are expected.
Sixty-year-old Chinese grandmother Su Min had no intention of becoming a feminist icon.
She was only trying to escape her abusive husband when she hit the road in 2020 in her white Volkswagen hatchback with a rooftop tent and her pension.
"I felt like I could finally catch my breath," she says, recalling the moment she drove away from her old life. "I felt like I could survive and find a way of life that I wanted."
Over the next four years and 180,000 miles, the video diaries she shared of her adventures, while detailing decades of pain, earned her millions of cheerleaders online. They called her the "road-tripping auntie" as she inadvertently turned into a hero for women who felt trapped in their own lives.
Her story is now a hit film that was released in September - Like a Rolling Stone – and she made it to the BBC's list of 100 inspiring and influential women of 2024.
It was a year of big moments, but if she had to describe what 2024 meant to her in a single word, she says that word would be "freedom".
As soon as Su Min started driving, she felt freer, she told the BBC over the phone from Shenyang – just before she headed south for winter in her new SUV with a caravan.
But it wasn't until 2024, when she finally filed for divorce, that she experienced "another kind of freedom".
It took a while to get there: it's a complicated process in China and her husband refused to divorce her until she agreed to pay him. They settled on 160,000 yuan ($21,900; £17,400) but she is still waiting for the divorce certificate to come through.
But she is resolute that she doesn't want to look back: "I'm saying goodbye to him."
In her new life on the road, Su Min's duty is to herself.
Her videos mostly feature only her. Although she drives alone, she never seems lonely. She chats with her followers as she films her journey, sharing what she has been cooking, how she spent the previous day and where she's going next.
Her audience travels with her to places they never knew they would long for – Xinjiang's snow-capped mountains, Yunnan's ancient river towns, sparkling blue lakes, vast grasslands, endless deserts.
They applaud her bravery and envy the freedom she has embraced. They had rarely heard such a raw first-hand account about the reality of life as a "Chinese auntie".
"You're so brave! You chose to break free," wrote one follower, while another urged her to "live the rest of your life well for yourself!". One woman sought advice because she too "dreams of driving alone" and an awe-struck follower said: "Mom, look at her! When I get older, I'll live a colourful life like hers if I don't get married!"
For some, the takeaways are more pragmatic yet inspiring: "After watching your videos, I've learned this: as women, we must own our own home, cultivate friendships far and wide, work hard to be financially independent, and invest in unemployment insurance!"
Through it all, Su Min processes her own past. A stray cat she encounters on the road reminds her of herself, both of them having "weathered the wind and rain for years but still managing to love this world that dusts our faces". A visit to the market, where she smells chili peppers, evokes "the smell of freedom" because throughout her marriage spicy food was forbidden by her husband who didn't like it.
For years Su Min had been the dutiful daughter, wife and mother – even as her husband repeatedly struck her.
"I was a traditional woman and I wanted to stay in my marriage for life," she says. "But eventually I saw that I got nothing in return for all my energy and effort – only beatings, violence, emotional abuse and gaslighting."
Her husband, Du Zhoucheng, has admitted to hitting her. "It's my mistake that I beat you," he said in a video she recently shared on Douyin, TikTok's China platform.
A high school graduate, he had a government job in the water resources ministry for 40 years before retiring, according to local media reports. He told an outlet in 2022 that he beat his wife because she "talked back" and that it was "an ordinary thing": "In a family, how can there not be some bangs and crashes?"
Su Min married Du Zhoucheng "really to avoid my father's control, and to avoid the whole family".
She was born and raised in Tibet until 1982, when her family moved to Henan, a bustling province in the valley along the Yellow River. She had just finished high school and found work in a fertiliser factory, where most of her female colleagues, including those younger than 20, already had husbands.
Her marriage was arranged by a matchmaker, which was common at the time. She had spent much of her life cooking for and looking after her father and three younger brothers. "I wanted to change my life," she says.
The couple met only twice before the wedding. She wasn't looking for love, but she hoped that love would grow once they married.
Su Min did not find love. But she did have a daughter, and that is one reason she convinced herself she needed to endure the abuse.
"We are always so afraid of being ridiculed and blamed if we divorce, so we all choose to endure, but in fact, this kind of patience is not right," she says. "I later learned that, in fact, it can have a considerable impact on children. The child really doesn't want you to endure, they want you to stand up bravely and give them a harmonious home."
She thought of leaving her husband after her daughter got married, but soon she became a grandmother. Her daughter had twins – and once again duty called. She felt she needed to help care for them, although by now she had been diagnosed with depression.
"I felt that if I didn't leave, I would get sicker," she says. She promised her daughter she would care for the two boys until they went to kindergarten, and then she would leave.
The spark of inspiration for her escape came in 2019 while flicking through social media. She found a video about someone travelling while living in their van. This was it, she thought to herself. This was her way out.
Even the pandemic did not stop her. In September 2020, she drove away from her marital home in Zhengzhou and she barely looked back as she made her way through 20 Chinese provinces and more than 400 cities.
It's a decision that has certainly resonated with women in China. To her millions of followers, Su Min offers comfort and hope. "We women are not just someone's wife or mother… Let's live for ourselves!" wrote one follower.
Many of them are mothers who share their own struggles. They tell her that they too feel trapped in suffocating marriages – some say her stories have inspired them to walk out of abusive relationships.
"You are a hero to thousands of women and many now see the possibility of a better life because of you," reads one of the top comments on one of her most-watched videos.
"When I turn 60, I hope I can be as free as you," another comment says.
A third woman asks: "Auntie Su, can I travel with you? I'll cover all the expenses. I just want to take a trip with you. I feel so trapped and depressed in my current life."
"Can you have the life of your dreams?" Su Min pondered over the call. "I want to tell you that no matter how old you are, as long as you work hard, you will definitely find your answer. Just like me, even though I'm 60 now, I found what I was looking for."
She admits it wasn't easy and she had to live frugally on her pension. She thought the video blogs might help raise some money – she had no idea they would go viral.
She talks about what she's learned over the years and her latest challenge – finalising the divorce.
"I haven't got my divorce certificate yet, because the law has a cooling-off period and we are now in that period."
One of her followers wrote that the money she paid her husband was "worth every penny", adding: "Now it's your turn to see the world and live a vibrant, unrestrained life. Congratulations, Auntie - here's to a colourful and fulfilling future!"
She says it's hard to get a divorce because "many of our laws in China are to protect the family. Women often dare not divorce because of family disharmony".
At first, she thought that Du Zhoucheng's behaviour might improve with time and distance, but she said he still threw "pots and pans" at her on her return.
He has only called her twice in the last few years – once because her highway access card was tied to his credit card and he wanted her to return 81 yuan (£0.90). She says she hasn't used that card since then.
Undeterred by the delay in securing a divorce, Su Min keeps planning more trips and hopes to one day travel abroad.
She's worried about overcoming language barriers, but is confident her story will resonate around the world - as it has in China.
"Although women in every country are different, I would like to say that no matter what environment you are in, you must be good to yourself. Learn to love yourself, because only when you love yourself can the world be full of sunshine."
Additional reporting by Fan Wang in Singapore
训诫书是指由公安机关对违法行为人做出训诫罚的行政处罚的一种法律文书,训诫罚亦称申诫罚、精神罚,是指行政处罚主体对违法行为人所作的谴责与告诫,防止其继续违法的一种处罚措施。
这种极为常见的法律文书,在2020年1月3日之前,还从没有一份引起过全社会的广泛关注。
2019年12月30日,李文亮医生在武大班级群“吹哨”,上传了一份带“SARS冠状病毒”字样的检验报告及视频。当晚,消息传遍整个武汉医生圈。
消息发出后的第三天,即在2020年1月1日,武汉市公安局官方微博发帖称,8名散布谣言者被依法查处。
2020年1月3日,武汉市公安局武昌分局中南路街派出所对李文亮在微信群发表有关华南水果海鲜市场确诊7例SARS的不实言论作出了训诫。
训诫书是这样记载的:
你的行为严重扰乱了国家社会秩序。你的行为已超出了法律所允许的范围,违反了治安处罚法的有关规定,是一种违法行为!
公安机关希望你积极配合工作,听从民警的规劝,至此中止违法行为。你能做到吗?
答:能
我们希望你冷静下来好好反思,并郑重告诫你:如果你固执己见,不思悔改,继续进行违法活动,你将会受到法律的制裁!你听明白了吗?
答:明白
这份训诫书在网上曝光后,迅速成了全社会关注的焦点。
哨音被制止,世界性灾难降临了。
2020年2月1日,李文亮通过微博宣布自己确诊感染新冠病毒,5天后去世。他的微博也由此定格在2月1日这天,但是下面的评论没有一天间断过。
2020年2月7日,国家监察委员会决定派出调查组赴湖北省武汉市,就群众反映的涉及李文亮医生的有关问题作全面调查。
2020年3月6日,国家卫生健康委员会、人力资源和社会保障部、国家中医药管理局追授李文亮“全国卫生健康系统新冠肺炎疫情防控工作先进个人”称号。
2020年3月19日晚,武汉警方通报李文亮事件处理情况,决定撤销对李文亮的训诫书,并向李文亮家属致歉。对李文亮医生被训诫一案相关责任人作出处理。
2020年4月2日,李文亮被评定为烈士。
《史记 · 医者李文亮列传》
李文亮者,辽西人也。少时,文亮不喜人情世故,遂立志负笈南方。将及弱冠,金榜题名,入国立武汉大学,修杏林悬壶之术。
珞珈山下,长江之畔,学海七年,学业大成。文亮乃往南方,执业厦门。凡三年,复回鄂府武汉,入中心医院,操明目之技,兢兢业业,惠人多矣。
己亥岁末,文亮示警于同学群内:吾院收治七例病人,疑患恶疾萨斯,皆源华南海鲜市井者。顷之,警示泄于网。有司曰:此谣也,当惩。文亮遂困,先遭中心医院监察科约谈,复遭辖区派出所训诫。
未几,执业中遇一病患,文亮为病毒所袭,始干咳,旋发热,疑为病毒性肺炎,卧床矣。
数日后,廷公开议之,有院士名南山者,乃医界翘楚也,语国人曰:此似萨斯,属新型冠状病毒肺炎也,可人人相传,已有多名医者中招,敢不慎欤!
举国皆恐。顷刻,群情惊惧,口罩热销,人人蒙面,处处禁足。当此时也,鄂府武汉封城,隔断出入;四海之内,农村堵塞道路,城市关闭小区,全民动员,共防新冠病毒。然为时稍迟,五百万鄂众已迁徙回乡过年,庚子新春佳节,遂成传播之势于天下,家中渡劫至元宵节。
然新冠病毒羽翼已成,灭之难矣。举全国之力,借科技之能,倾中西之技,仍呈僵持之态。
至此,世人方知文亮示警之功,被训诫之冤,誉之为“吹哨人”。此时,文亮正挣扎于病榻。有访员相询,文亮曰:真相比平反更重要,健康的社会不应只有一个声音。
恰在此举国战“疫”之攻坚时刻,文亮病情转重,危在旦夕。消息传出,网民皆唏嘘流泪,一夜数惊。更有数以百万计网民,彻夜不眠,在线守候祈祷,冀望诚心感动上苍,文亮转危为安。然万众用尽移山心力,仍难留文亮。庚子年正月十四凌晨,文亮逝矣。元宵佳节当前,真心英雄不在;新冠病毒未灭,“吹哨之人”已逝,悲夫!
初,文亮遭有司训诫,训诫书曰:若不思悔改,违法不已,必有严惩。文亮答:明白。是非颠倒,有甚于此者乎?
太史公曰:天地不仁,以万物为刍狗。天道不仁,为众人抱薪者常常冻毙于风雪,为自由开路者常常困厄于荆棘。又云,情深不寿。不仁之天地,谓谁也?医者文亮,情深之人乎?为众人抱薪者乎?
距离我们第一档普法栏目“法治的细节”开播迄今已经过去整整7年,栏目几经波折却也留下了法治组小伙伴们最经典的普法作品,那句“法治中国不在宏大叙事,而在细节雕琢”的Slogan也因为同名畅销书而深入人心。
转战“法治理想国”后,我们重拟“在行动中追逐理想,在理想中获得力量”作为新栏目标语,也表达出重新开始的信念。
2024年过去,我们书写过的法律评论不少,在这些具体案件的讨论中,我们时常感受法治的挫败,却也总能重获信心。想起徐震宇老师在《正当法律程序的早期发展》后记里的那句,“我们都是脆弱的凡人,在世间努力去做一点点美好和正义的事,有时成功,有时失败”,这何尝不是我们共同的心声。
所以在2025年到来时,对过去一年我们关注过的重要法治事件做个回顾,也再次表达追逐法治理想国的信心,还是法治之光常说的那句,惟愿法律人的努力可以让“正义如滔滔江水滚滚而来”。
被骂牲口的城管和“无买卖就无伤害”的营商环境
2024年伊始,一段河北省邢台市某裁缝店主与城管人员发生口角的视频传遍全网。视频中城管首先是要求裁缝店主拆除贴在玻璃门上的广告,裁缝店主告知,因为此前已被通知不能在玻璃窗和门上张贴广告,自己就将广告做成标牌悬挂在屋顶。但执法人员认为,挂在屋内的广告还是能被看到,仍旧要求店主配合摘除。店主反复强调,如果没有广告,自己的生意将无人问津,而城管所说的门头只是标明了营业执照,根本无法标示出店里的经营范围。在数次申辩无用,执法人员依然强行要求裁缝店主摘除店内那张作为标牌的纸张后,店主忍无可忍地骂出,“我今天就不摘,就要把这个牲口揪出来”。
其实此前也发生过不少同类案件。云南某商家在开业时在门口摆放花篮,执法人员被认为属于占道经营;海南某地一超市经营者的孩子在店铺门前的桌子上写作业,执法人员将桌椅没收,这些案件中,执法人员的理据都是所谓“市容市貌”。但此类案件频发其实已说明,所谓“市容整治”因为界限模糊、标准未定,已渐渐沦为一种口袋罪,也为实践中行政机关尤其是城管部门粗暴执法、僵化执法,甚至选择性执法提供了正当性庇护。
此外,邢台裁缝店视频同样折射出当下很多地方营商环境的镜像:一方面各地在今年密集性出台各种提升营商环境的政策;但另一方面,不仅诸多与营商环境塑造互相抵牾的制度性障碍难以被摈弃清除,实践中也屡屡可见执法人员对小至小商贩,大到都颇具规模的民营企业的刁难。所以,如果当地营造良好的营商环境还只是停留在口号上,并未落实于具体的立法和执法,地方经济大概就真的只能如店主在视频里负气时所说,“没有买卖就没有伤害”的两败俱伤。
邯郸少年杀人案:有的孩子是孩子,有的孩子是恶魔?
2024年3月,邯郸市三名初中学生杀害同班同学的消息引爆全网。因为被害者和加害者都是不满14岁的未成年人,加之三名未成年人的作案手段相当残忍,在杀害年仅13岁的同班同学后将其埋尸于家附近的塑料大棚内,所以案件曝出也再次引发公众和法学界人士对于未成年人犯罪问题的思考。
面对近年频发的未成年人犯罪,2021年《刑法修正案(十一)》下调了刑事责任年龄,规定对于已满12周岁不满14周岁的人,如果实施了故意杀人、故意伤害致人死亡或者以特别残忍手段致人重伤造成严重残疾的行为,同时达到情节恶劣的程度,对于特定犯罪,经最高人民检察院核准追诉,就应当负刑事责任。而本案在曝光后,最高检几乎是光速核准了对三名未成年犯罪嫌疑人的追诉。也就在刚刚过去的12月30日,河北省邯郸市中级人民法院对本案作出一审判决,其中被告人张某某以故意杀人罪判处无期徒刑;被告人李某以故意杀人罪判处有期徒刑十二年;被告人马某某依法不予刑事处罚,但由相关公安机关和教育部门依法决定对马某某进行专门矫治教育。案件的主犯可说得到了重判。
邯郸少年杀人案引发的热议,不仅在于这又一起未成年人恶性杀人案件,还在于本案中的施害人和受害人无一例外都是留守儿童,故本案更深层次的问题还在于如何重新审视现行教育模式和城市管理制度的缺失,如何确保孩子学到如何真正的尊重生命,尊重他人,如何确保那些未成年孩子在成长的最关键时刻,不会被迫与父母分离,能够获得正常的情感关爱和引导教育,而不至再成为一起起恶性案件的加害者和受害者。未成年人犯罪是社会之觞,也需要所有人的关注,毕竟我们要创造出什么样的世界,这个世界就是孩子的未来。
禁售冥币纸钱?到底是迷信还是民俗?
2024年清明将至,南通市民政局与市场监督管理局联名下发一则通告引发全网热议。这则名为《禁止制造、销售封建迷信殡葬用品的通告》指出,全市范围内禁止任何单位和个人制造、销售冥币纸钱、纸扎实物等封建迷信殡葬用品,否则要被处罚甚至承治安处罚责任。
南通市通告的上位法依据首先在于国务院《殡葬管理条例》第17条“禁止制造、销售封建迷信的丧葬用品”。但何为“封建迷信”,法律并无统一定义,即使是《殡葬管理条例》也对此未做任何解释。而且,迷信和民俗往往难以界分,有些活动和行为即使最初带有迷信的色彩,但伴随时间演进也早已成为民俗民情。焚烧冥币纸钱也与此类似。也正因为焚烧冥币纸钱、纸扎实物更多代表的是习俗和文化,代表的是公众绵延千年的祭奠仪式,南通市的这纸禁令才会引发如此的舆情喧嚣。如果只是为倡导文明祭祀,扭转不良风尚,政府完全可通过鼓励、指导、宣传、建议、奖励等柔性方式达成目标,而简单粗暴地禁止公众焚烧冥币,甚至一刀切地处罚制造、销售冥币的商户,除了使法律规定与大众认知互相悖离,还会导致对于信仰自由在内的私人生活的粗暴干预。
青海一法院庭审疑似被微信“远程遥控”:司法如何能现场唱双簧?
2024年5月12日,一则青海省天峻县法院庭审案引爆媒体。事发当日,该县法院开庭审理一起涉嫌寻衅滋事的发回重审案件。在休庭后,辩护律师路经审判席时发现主审法院的电脑界面显示,此案原二审法官,海西州中级人民法院刑庭庭长和天峻县人民法院院长似在利用微信群实时遥控指挥法院庭审。当律师发现此事并拍照取证后,即遭到十多个法警围堵。又在律师要求出庭检察官履行法律监督职责无果后,律师报警。警察出警后依法扣押、封存了合议庭成员使用的电脑主机。这则新闻在网络迅速发酵并被律师群体大量转发后,海西蒙古族藏族自治州中级人民法院于5月13日迅速做出回应,但让人大跌眼镜的是,该则通告将引发舆情的责任全部推至案涉律师身上。
根据《宪法》和《刑事诉讼法》的规定,人民法院依法独立行使审判权。不受行政机关、社会团体和个人的干涉,这其中当然也包含上级法院的干涉。所以上下级法院之间,并非如行政机关一样属于领导关系,而是监督关系。之所以规定上级法院对下级法院是监督而非领导关系,又在于对“法官依法独立公正履行审判职责”以及“两审终审制”这些诉讼基本原则的维护。如果在下级法院庭审时,上级法院可以随时在线发布指令,并主导案件的审理,二审基本上就已经缩减为一审,两审终审制也将毫无意义。所以这则案件引发的问题就在于:法院自己是否真正将“法官依法独立公正履行审判职责”、“两审终审制”和“审级独立”这些诉讼的核心法则奉为圭臬,并真正贯彻落实于个案审判中?
《治安管理处罚法(修订草案)》二审稿值得肯定,也让人有更多期待
《治安管理处罚法(修订草案)》在2023年9月首次公布于中国人大网,并向全社会公开征求意见时,就引起巨大喧嚣。在2023年9月30日征求意见截止前,共有99375人在中国人大网上留下125962条意见,由此创下近三年法律修改参与人数之最。2024年7月,该草案二审结束,中国人大网也将二审稿全文公布于网上,并再次向公众公开征求意见。
在二审稿中,曾引发巨大争论的一审稿第34条第(二)(三)项“有损中华民族精神”“伤害中华民族感情”被修改成,“在公共场所或者强制他人在公共场所穿着、佩戴宣扬、美化侵略战争、侵略行为的服饰、标志,造成不良社会影响的”。此外,一审稿有关生物信息提取,以及“侮辱、谩骂警察”属于妨碍警察执行公务等条款,在二审稿中同样被大幅修改和删除。这些都值得特别肯定。二审稿的修改说明,民众关切立法修改,且可以通过正常途径表达意见,而官方又对此作出积极回应,这本身就已是法治的进步。但二审稿中未被涉及的问题同样不少:例如总则中缺少对违法未完成状态(未遂、预备等)减轻或不予处罚的规定,缺乏对主观故意过失的要求,作为最重处罚类型的行政拘留未被纳入听证范围,甚至是除未成年人外,被处罚人违法记录的封存乃至消除等问题,二审稿同样没有涉及。这多少还是令人遗憾,也让我们对之后的再审怀有更多期待。
油罐车混装食用油:每代人都有每代人的毒奶粉?
2024年7月,《新京报》曝出一则耸人听闻的新闻。一些油罐车在卸完煤制油后,未对储存罐进行任何清洗就直接装上食用油继续运输。煤制油中包含大量化工液残留,在混入食用油后对人体所造成的侵害不言而喻。
本案连央视网评论都说,这已经远非一般的食品安全事故,其本质就是投毒。从刑法角度,“形同投毒”的混用油罐的行为的确已构成《刑法》第144条的“生产、销售有毒、有害食品罪”,又根据2021年最高人民法院、最高人民检察院发布的《关于办理危害食品安全刑事案件适用法律若干问题的解释》的规定,“在运输、储存等过程中,掺入有毒、有害的非食品原料,或者使用有毒、有害的非食品原料生产食品的”,也按照刑法中的“生产、销售有毒、有害食品罪”定罪论罚,而此罪最高甚至可判处十年以上有期徒刑、无期徒刑或死刑。
此次油罐混用案的出现已不再是简单的食品安全事故,其对公众健康的漠视已严重挑战公众底线。对于这类案件的处理,法律当然需表明自己的立场和态度,对于涉事的当事人,无论是个人还是单位,也当然应受到法律的严惩。但这个极端案件的发生,同样需要我们反思行政监管责任的缺失,在追究肇事者刑事责任和行政责任的同时,也需要彻查在此过程中那些疏于监管,甚至是被利益俘获而放任违法发生的行政机关责任人员和主管人员。希望彻查能带来真正的改变和行动,也希望“每代人都有每代人的毒奶粉”只是网友戏言,而不会再继续成为公众心中无法消散的阴霾。
中国人民大学性骚扰事件,为何不能仅仅是师德问题?
2024年7月21日,中国人民大学文学院在读博士生王迪在网络平台实名举报博导王贵元性骚扰。7月22日晚,中国人民大学发布情况通报,称举报情况属实,涉事教师被开除党籍,撤销教授职称,解除聘用关系,并将问题线索依法反映给有关机关。事情曝光一天问题就得到了解决,人民大学的快速响应和重视程度,体现出学校对于师德师风失范问题的零容忍。
本案快速解决依赖于两个条件:第一,举报人提供了录音和聊天记录作为证据,这为调查提供了基础,不至陷入师生各执一词的“罗生门”;第二,网友纷纷转发并声援受害人,要求学校给予公正处理,所以围观也起到了推波助澜的作用。
在过去几年,性骚扰问题获得公众广泛关注,高校和职场作为性骚扰发生的重灾区也都进行了相应的规范建构。人民大学在通报中称,性骚扰攸关“师德师风”和“育人环境”,但高校性骚扰绝不仅仅是师德伦理问题,它已经延展为人格权的法律问题,因此也会涉及包括民事侵权、行政处罚乃至刑事责任。人民大学对这一事件的迅速处理反映出,随着社会公众对性骚扰问题的讨论,人们对性骚扰的认识更加清晰,对性骚扰的容忍度也在不断降低,而明确的反性骚扰立场也将带来职场关系和两性关系的改变。
令人欣喜的是,本案中的受害人在网络公布案件事实后,几乎再无人指责被性骚扰的一方未作出强烈的反抗。公众不再苛求“完美受害人”何尝不是近年女性主义叙事不断获得表达的胜利。也因为对女性权利保护观念的高扬,今年12月在山西曝出女硕士因精神异常离家被某村村民带至家中,并与其生育子女的新闻后,当地公安机关迅速展开调查,并对涉案人员采取了刑事强制措施。在一个高度折叠的社会,女性主题总是丰富又复杂,但值得庆幸的是,我们已经走在了直面问题和解决问题的路上。
做法事被控诈骗:个人有迷信的权利吗?
2024年9月,一起因“做法事”而被控诈骗的案件在广东湛江市坡头区法院开庭审理。检方指控称,陈某贵、陈某华在湛江市区从事封建迷信活动,并通过虚构做法事为逝者招魂超度而骗取他人财物共计86800元。庭审中,“做法事为逝者招魂、超度”与“不做法事会使逝者魂不附体、影响子孙”等,是否属于诈骗罪中的“虚构事实”,成为控辩双方论证的焦点。
根据我国刑法,诈骗罪的犯罪构成包括:诈骗者有使对方产生错误认识,进而作出财产处分的欺骗行为;欺骗行为必须使对方陷入认识错误;对方基于认识错误而处分了财产;诈骗者取得了财产,而被骗者则遭受了财产损失。如果仅依据迄今已曝出的案件事实,即案件所涉及的被害人也都表示并不完全相信封建迷信的说法,聘请被告人“做法事”,也只是基于当事人的意思自治而达成的市场交易,那么本案似乎就不构成诈骗,因其欠缺当事人因行为人的诈骗行为而“陷入错误认识”这一核心要件。
本案之所以引发公众关注也在于,封建迷信和民俗民风往往难以界分。有些活动和行为,即使最初带有迷信的色彩,伴随时间演进,也已成为民俗民风。如果将基于民俗民风的“封建迷信”活动都作为诈骗行为予以刑事打击,刑法就彻底突破了其理应谨守的谦抑性。《刑法》适用的复杂,还因为其背后存在一个始终悬而未决又充满争议的问题:公民有迷信的权利吗?即使公民为封建迷信所惑,从事一些愚昧且未开化的行为,国家有干预的权力甚至义务吗?这些干预权力的界限又在哪里?
如何看待《民营经济促进法》:平等对待就是最好的保护?
2024年10月10日,《民营经营促进法(草案征求意见稿)》公布,向社会各界公开征求意见。意见稿全文共九章七十七条,围绕民营企业的平等对待、促进发展、规范经营和保护权益展开。为民营经济立法,本身就是法治建设的大事,这也说明法治就是最好的营商环境。意见稿的第七章,尤其谈及权益保护。规定包括企业的名誉权、荣誉权以及经营者的个人隐私权、个人信息权等权益不受侵犯;限制人身自由和查封、扣押、冻结等强制措施,必须严格遵守法定权限、条件和程序进行;禁止利用行政、刑事手段违法干预经济纠纷;规范异地执法行为。
正是这些常识性的宣告,引发公众热议,而宣示性立法也说明,民营企业的营商环境已经到了需要重申基本信念的程度,但可以肯定的是,这部立法能在多大程度上解决现实问题,将直接决定市场的信心。所以,对于“促进法”而言,最重要的是如何让促进的目标本身不会落空,实实在在地解决民营企业所面临的现实问题,而仅仅是宣示态度,并不能给市场带来真正信心。而且,民营经济所需要的也并非法律上的优待,而只是平等对待,即平等地参与市场竞争,对民营企业的发展的经营,法律尽可能明确,少捕慎诉,为企业的发展提供合理预期。
“远洋捕捞”接连被痛批,为何仍屡禁不止?
2024年12月16日,国务院举行了以“加快落实行政裁量权基准制度,进一步提升行政执法规范化水平”的专题学习会,披露2025年国家将开展涉企执法专项行动,持续优化营商环境,促进稳预期强信心。在这次学习会后,“国务院关注罚没收入异常增长、禁止远洋捕捞、跨境执法”等词条再次上了热搜。这无疑释放出国家要对近年频发“远洋捕捞”等违法执法现象进行严厉整治的信号。
近年来,公安机关异地抓捕民营企业家,查封、冻结,甚至划转外地企业家及其个人财产的案件时有发生。其中部分案件因为明显有逐利执法之嫌,且跨越了刑事案件的地域管辖,因此被坊间戏称为“远洋捕捞”。远洋捕捞的首要原因同样是趋利性执法。公安机关在没有明确刑事管辖基础的情况下跨区甚至跨省进行刑事立案,无非就是因为此类案件可能涉及没收数额巨大的违法所得,或者判处数额巨大的罚金。从被曝出的案件看,实施“远洋捕捞”的刑事司法机关大多来自内陆和边远地区,而被捕捞的大多又是江浙沪广东福建的民营企业,所涉及的案由主要为网络传销和网络赌博案件。这就是杭州九堡派出所甚至发布通告称,“外地公安不得非法入企办案……如发现杭州市以外的公安机关,在没有本地民警陪同下,非法入企办案的,请立即110报警”。远洋捕捞的泛滥甚至在年末演变为,执法部门跨省抓捕海棠文学城的耽美作品作者,迫使这些作者为免牢狱之灾四处筹钱,以应对高额惩罚和争取缓刑。
为抑制“远洋捕捞”和趋利性执法,国务院和各部委同样出台了不少文件,例如公安部2021年就发布了《公安机关禁止逐利性执法“七项规定”》,今年向社会公众征求意见的《民营经济促进法(草案征求意见稿)》中,甚至不惜以重复常识的方式强调对民营经济和民营企业家的保护。从现有规范来说,针对“远洋捕捞”和小过重罚等趋利性执法的规范不可谓不细致不周全。但如果上述规范仍无法获得执法机关的遵守,那么促进民营经济发展,提升营商环境的目标仍旧会流于口号和宣言。民营企业保护最终依赖的,是国家公权力机关的自我约束,真正的市场信心也将来自于此。
回顾法治事业的2024,仍然是偶尔治愈,常常帮助,总是安慰。或许跟之前比,它没那么波澜壮阔跌宕起伏,但我们的认真和坚持,我们的努力和呐喊,证明了历史没有垃圾时间。个体努力确实有限,但也不能忽视我们同样是历史的亲历者和参与者。有一种历史终结的幻觉,就是觉得赶上了大时代才会精彩,似乎一切改变会在某个时刻戛然而止,而忽视了自己正在经历以及即将经历的。
来吧,朋友们,不管它是大时代还是小时代,2025已经成为此时此刻。我们创造的,就是我们所在的时代。法治理想在,阵地在,我们都在。