专利侵权纠纷行政调处的是与非

专利侵权纠纷的行政调处制度有其存在的合理性和必要性,对专利行政调处性质的定位模糊,在一定范围内影响了我国专利行政保护的发展。专利行政调处是类似于＂仲裁＂的准司法行为,在实践中应进一步明确其调处职能的范围和司法审查的模式。     

Knocking on the Door: Juvenile and Family Courts as a Forum for Facilitating School Attendance and Decreasing Truancy

While there is debate about whether courts should be involved in truancy reduction efforts, less recognized is how courts can impact school attendance without lengthening their reach or further penalizing children and families. Courts are already involved with school‐related decision making in child welfare and delinquency cases. This article reports on data from a qualitative study of stakeholder perspectives (N = 64) on school attendance in Maryland. Respondents suggested that courts adopt engagement‐focused approaches to guide their work such as family assessments, school attendance plans, monitoring coordination and delivery of services, and ensuring that agencies meet their obligations to children.     

The Arendtian Dread: Courts with Power

Hannah Arendt was fearful not only of a populist President speaking in the name of the people and unbound by legality. She was also concerned that popular support could be harnessed by those responsible for limiting it. In other words, she was fearful of the American Supreme Court relying on popular support. This is the meaning of her obscure depiction of the American Supreme Court as “the true seat of authority in the American Republic” but unfit to power. I argue that Arendt's characterization of authority as requiring “neither coercion nor persuasion” means that the Court's source of legitimacy is expertise rather than public support. Yet the current dominant understanding among American Justices as well as scholars is that public support is the source of the Court's authority. In Arendt's mind, such an understanding means that the Court has become the seat of power. The corruption of the Court's authority and constitutional law as a language of expertise capable of resisting public opinion will inevitably follow.     

美国民事诉讼中的挑选法院问题研究

随着跨国民事诉讼的日益增多,挑选法院已经成为国际民事诉讼中的一种普遍现象。由于存在特殊的司法体制及诉讼程序规则,美国目前已经成为全球范围内当事人挑选法院的首选地。为解决当事人肆意挑选美国法院的问题,美国也采取了一些相应的措施,但效果却不甚理想。基于此,本文拟对     

The Elastic Ceiling: Gender and Professional Career in Chinese Courts

Since the 1990s, the number of women in Chinese courts has been increasing steadily. Many women judges have risen to mid‐level leadership positions, such as division chiefs and vice‐chiefs, in the judicial bureaucracy. However, it remains difficult for women to be promoted to high‐level leadership positions, such as vice‐presidents and presidents. What explains the stratified patterns of career mobility for women in Chinese courts? In this article, we argue that two social processes are at work in shaping the structural patterns of gender inequality: dual‐track promotion and reverse attrition. Dual‐track promotion is dominated by a masculine and corrupt judicial culture on the political track that prevents women from obtaining high‐level promotions, but still allows them to rise to mid‐level leadership positions on the professional track based on their expertise and work performance. Reverse attrition enables women to take vacant mid‐level positions left by men who exit the judiciary to pursue other careers. Taken together, the vertical and horizontal mobility of judges in their career development presents a processual logic to gender inequality and shapes women's structural positions in Chinese courts, a phenomenon that we term the “elastic ceiling.”     

人民法院涉讼问题研究

人民法院作为被告参加普通的民事诉讼是出于保障非法院方纠纷当事人合法权益的必要。现行的诉讼程序对于这类特殊案件 ,显得十分被动 ,在现有诉讼制度的基础上 ,稍作必要的变通 ,就可以满足此类特殊案件在正当的途径中得到合理解决 ,从而维护诉讼双方当事人的合法权益。     

The Study of Gender in the Courts: Keeping Bias at Bay

I am pleased to introduce the following two companion papers on gender in the United States Eighth Circuit courts. They emerge from a partnership of social scientists and legal professionals, spurred by a national movement to understand influences of gender on the judicial system. These studies reflect a majority of voices in the Eighth Circuit bench and bar– women and men who work in and preside over the federal courts of seven states. This project yielded a wealth of data, the analysis of which reveals ways both subtle and overt by which gender bias threatens fairness in the courts. Underscoring the importance of this and similar projects, Supreme Court Justice Sandra Day O'Connor once stated, "by acknowledging and not trivializing the effects of gender bias on reasonable women and men, courts can work toward ensuring that neither men nor women will have to run a gauntlet of abuse in return for the privilege of being allowed to work and make a living" (as quoted in the Final Report of the Eighth Circuit Gender Fairness Task Force [ECGFTF] 1997, 8).     

JUDGING WITHOUT CONSENSUS: The Diplock Courts in Northern Ireland

This article examines nonjury trials for political/terrorist offenses in Northern Ireland. It traces the origins of the current troubles; the breakdown of the jury system; the work of the royal commission, chaired by Lord Justice Diplock; and the establishment of courts, known as Diplock Courts, in which a single judge tries cases using modified rules of evidence and lowered standards for the admission of confessions. Finally, the article evaluates the work of the Diplock Courts, and suggests their wider relevance to future policy-making. In doing so, it touches upon a fundamental role of governing through courts—the maintenance of the ability to govern, particularly in a society that has neither political nor judicial consensus.     

宪政秩序中法院的角色

对法院所扮演的角色的充分认同是实现宪政秩序和法治的基本条件,而对于司法权的的认识将影响到对法院的预期和定位。只有在对法院的角色进行全面充分认识的基础上,才可能有一个正确的定位。在这个意义上,司法制度的完善和发展是我国法治进程中的重要一步。