Normative complexity and the length of administrative disputes: evidence from Italian regions

The aim of this paper is to study the effects of normative complexity on delays in justice. In particular, a unique database was used, created by reading eight hundred sentences pronounced by the Italian Regional Administrative Courts of first instance (Tribunali Amministrativi Regionali), located in each of the 20 regions in Italy, between 2000 and 2007. After a preliminary analysis of the data, regarding the duration of disputes, their objects and other relevant variables, an econometric study was performed to verify whether the length of administrative disputes may be explained, together with other causes, by the complexity of the legal system. The indicator used as a proxy of normative complexity was developed in previous studies in this field. Different kinds of models were used and specifications performed to render the empirical results more robust. The outcome of the analysis appears to support the idea that normative complexity may be a burden on the activity of courts, and that this could contribute to explaining the slowness of justice proceedings.     

试论中国社会中非常规纠纷的解决机制

Irregular disputes involving a certain community presented in the form of special maneuver and confrontation are noticeable social phenomena in China today. The issues related to irregular disputes and their settlement mechanism have transcended the professional and technical categories of regular judicial settlement, typically reflecting the profound background of political, legal and social development in China. To achieve the goal of social harmony, an extensive mobilization and utilization of political, judicial and various social resources in effectively dealing with this kind of social disputes is the key to enhancing China’s capability in controlling and resolving social disputes. Gu Peidong is a professor and doctoral supervisor, devoted to researches on the relationship of law and economy, judicial reform and judicial practice. His publications include over 20 monographs on law and economics independently or in collaboration with other authors, among which the Social Conflicts and Mechanism of Lawsuits is most popular in the Chinese academic circle, and his more than 100 thesis were released in the first-class law journals. In addition, Professor Gu was listed to the Top 10 Young Jurists in China (1995).     

论高校与学生惩戒纠纷的校内解诀

高校与学生行政法律关系的存在及其所具有的特殊品质,决定了两者间行政纠纷的解决有剐于一般的社会纠纷.就惩戒纠纷的解决来说,应更加重视校内解纷渠道,即学生申诉机制的进一步完善,使纠纷以及时、有效的方式化解.具体而言,申诉制度可以从明确其属性、强化学生申诉处理委员会的中立性与权威性、进一步廓清申诉事项范围、健全、优化申诉处理流程以及重视发挥学生自治组织在校内纠纷化解当中的作用等方面采加以完善.     

法理视野中的刑事诉讼效率和期间:及时性原则研究

公正和效率是现代司法的两大价值目标。司法效率的实现有赖于刑事诉讼法对诉讼期间的科学规范和司法实践对法定期间的严格遵守。为此 ,及时性原则已成为各国指导诉讼效率和期间的基本准则 ,它要求控制诉讼时间、提升诉讼节奏、简化诉讼程序。我国的刑事诉讼在诸多方面贯彻了及时性原则的精神 ,但也存在着检察院单方面决定延长羁押期限、对集中审理缺乏规定、简易审判程序类型单一和功能受限等问题 ,有待完善。     

Inside post-socialist courts: the determinants of adjudicatory outcomes in Slovenian commercial disputes

European Journal of Law and Economics - Despite the judiciary’s central role in the capitalist market system, micro-level empirical analyses of courts in post-socialist countries are...     

Antitrust issues in the settlement of pharmaceutical patent disputes, Part II

The settlement of patent disputes in the pharmaceutical industry, and the possible antitrust issues arising therefrom, are of notable concern to the Federal Trade Commission. In this Comment, based on his second speech on the subject, Commissioner Leary re-examines some of this earlier positions under the light of the Commission's further experience with these matters, and provides the industry with some additional objective standards under which it may legally operate. With the Hatch-Waxman Act as a backdrop for patent settlements between manufacturers of patented drugs and potential generic entrants to the market, the Commissioner reviews a variety of scenarios that may or may not be permissible. After initially noting the circumstances of presumptively valid settlements, Commissioner Leary reviews the often complex settlement structures that will be deemed unlawful when and if the finding of reverse payments is evidenced. Finally, the Commissioner concludes with a brief examination of other settlement structures and offers his general views as to their likely legality.     

论商标权与其他商业标识权利冲突解决原则

民事权利中的有形财产权体现在具体物上 ,这种权利在形态、特征上都是可见的 ,有形物财产权的排他性决定同一财产之上不能附着多个财产权 ,除非法律有明确的规定或合同有特别约定。而无形是知识产权区别于一般财产权 ,尤其不同于有形财产权的主要特征 ,知识产权的无形 ,使得人们对它的占有不是一种实在而具体的占有 ,而是表现为认知和感受 ,知识产权可以同时被多个主体占有、使用和收益。因此 ,法律能从不同侧面、不同视角、不同切入点对同一客体规定出不同的权利。这样 ,对同一客体的不同形式的知识产权容易出现保护上的交叉、重叠甚至冲突…     

从医疗纠纷案例反思医学人文关怀

近年来,我国的医疗纠纷呈不断上升趋势,暴力伤医事件愈演愈烈,究其原因有各种各样的因素,其中对病人的人文关怀缺乏是主要原因之一。本文试图从一些典型医疗纠纷案例入手,从医学人文关怀视角剖析其纠纷发生的原因,提出在当前医疗环境中只有重视人文关怀才能改善医患关系,减少医疗纠纷,构建和谐社会。     

试析民商事仲裁中的证据制度

证据制度是仲裁活动的核心和基础,本文在分析仲裁证据制度与诉讼证据制度差异性的基础上,详细阐述了仲裁证据的种类、仲裁举证程序、质证程序及认证程序规则,并对我国现行的仲裁证据制度的完善提出了建议。     

诉讼突袭:比较法视野中的解读

诉讼突袭作为滥用诉权的典型表现形式,不仅影响民事诉讼程序的整体运作,其带来的负面效果也直接导致诉讼制度原有之立法目的难以得到切实体现.而在比较法视野下的审视和解读将有助于对其本质和特性更为精准的理解和把握,对进一步完善我国民事诉讼规则和制度体系有着积极的理论价值和现实意义.     

Burnt Bridges: Retreat of the Federal Judiciary from Land Use Litigation

The decision by the Ninth Circuit Court of Appeals in Petaluma, despite its obvious and substantial reliance on the requirements of standing to sue, tempts the commentator to leap to a discussion of the merits. After the District Court's decision, many of us watched the case closely, either hoping or fearing that it would become the tock to the tick of Golden v. Planning Board of Town of Ramapo,¹ establishing some limitations to the license of communities to define themselves and their growth at the expense of excluded nonresidents. The unanimous opinion by the Ninth Circuit panel bristles with hostility to the right-to-travel rationale of the District Court and invites comment on this level.     

日本的“公法上的当事人诉讼”——脱离传统行政诉讼模式的一个路径

前言2004年,日本对《行政事件诉讼法》进行了修改。这是该法1962年制定以来的首次实质性修改,可谓酝酿已久、倍受瞩目。本次修改的内容之一是对“公法上的当事人诉讼”进行改革。包括两个方面:第一,对确认诉讼进行明文列举。该法第4条规定:“本法中的‘当事人诉讼’是指,关于确     

Mandatory Arbitration and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the West

This article looks at the effect that pretrial, statutorilyrequired screening panels in Nevada have had on medical malpracticelitigation. I use two unique data sets on litigation in Nevadaand neighboring states from 1983–88, during which theNevada legislature enacted screening panels. Applying time-seriesand difference-in-difference analyses, I show that observeddecreases in Nevada with respect to damage awards, attorney'sfees, and duration in litigation reflected a broader seculartrend. The panels did, however, reduce the relative probabilityof claims requiring resolution by the Nevada courts.     

Damage Caps and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the South

This article looks at the effect that damage caps have on plaintiffs'recovery in medical malpractice litigation, using a unique dataset of litigation in the South, from 1987 to 1999. During thistime, Alabama underwent both the implementation and nullificationof damage-cap laws; neighboring states did not undergo any significantlegal changes. The product of a difference-in-difference approach,the results reveal that the average relative recovery by Alabamaplaintiffs decreased by roughly $20,000 after the Alabama legislatureenacted damage caps and increased by roughly double that amountafter the Alabama Supreme Court ruled them unconstitutional.