共查询到20条相似文献,搜索用时 15 毫秒
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中小城市仲裁工作是一个很容易被人们忽略的角落。笔者以自己的经验和思考,总结出了在中小城市发展仲裁事业的全局思路和具体应该采取的措施,为我国中小城市的仲裁事业发展提供了有益的借鉴。 相似文献
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和谐社会观与依法治国在以人为本、维护人性尊严等方面存在着内在的联系。按照和谐社会观的要求进行系统的法治建设,是目前我国依法治国中面临的一个重要任务。 相似文献
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关于加强海洋安全和海洋权益保护的思考 总被引:1,自引:0,他引:1
海洋因有丰富的资源、能源,使其在我们的生活中占有越来越重要的地位,海洋安全也成为国家安全的重要组成部分。因此,采取相应的措施完善海洋安全保护的立法,加大海洋军事的投入,建立海上应急机制,成立独立的国家海洋管理机构,建立信息化的监测系统,加强国际合作,继续发挥合作等和平手段解决争端,保证我国的海洋安全,维护我国的海洋权益是十分紧迫的任务。 相似文献
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Tara Helfman 《The Journal of legal history》2013,34(2):107-128
This article explores the influence of prevailing legal and political theories of inter-state relations on the formation of early American constitutional thought. Emphasis is placed on the manner in which the authors of The Federalist Papers built a legal argument against the Articles of Confederation and for the Constitution of 1786 by invoking principles of treaty law and the law of nations. It is argued that the Articles themselves resembled contemporary international treaties in format and in force. The Federalist's reliance upon such authors as Grotius, Locke, Montesquieu, and Vattel is examined in this light. 相似文献
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亚控制领域是行政主体与行政客体在行政行为实施过程中所呈现的跟主体的希望与设想不完全一致甚至相连背的区域。也就是说因为主体自身因素和客体的特点影响而导致的行政设想与愿望与行政实施与操作之间的差异关系。分析亚控制领域的特点以及探析在亚控制领域中行政主体的行政作为向度,不仅有利于提高行政效能,有利于行政体制改革目标不断向构建服务型政府和有限政府目标迈进,而且有利于当前深入贯彻落实党的十七大精神和构建和谐社会中的管理和谐与心态和谐。 相似文献
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论公安机关的行政调解制度 总被引:1,自引:0,他引:1
在我国,公安行政调解制度具有文化和实践的合理性,同时我国相关的法律、法规也赋予其合法性,因此,公安行政调解制度是我国纠纷解决机制的重要一环。但是其在实践运行中却存在着种种缺陷,为了发挥行政调解解决民事纠纷的优势,实现其价值。我们应在调解原则、调解范围、调解程序、调解效力及法律监督等方面进一步完善公安行政调解制度,提高公安机关行政调解的能力,以促进社会纠纷的解决,和谐社会的实现。 相似文献
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Elizabeth Callaghan 《Contemporary Justice Review》2013,16(4):347-355
Growing up in the 1960s and 1970s meant living in a time of turbulence and change. The music, literature, and films, combined with the passionate activism of the era, profoundly influenced people in my generation. My working class family struggled to raise a family and make a decent living, instilling values of social justice along the way. I knew from an early age that I wanted to make a difference, but had many internal conflicts to resolve before I could effect change. An education in sociology taught me what was wrong in the world and law school gave me the tools I needed to effect change. Working in the court system and with students has made a difference, one person at a time. 相似文献
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法官和当事人在刑事审判中的地位是划分不同的刑事审判模式的关键性因素。当事人在刑事审判中具有较高的诉讼地位是保护当事人合法权益的重要前提。为了进一步保护当事人的合法权益,必须规范法官在审判中的行为,并提高刑事诉讼的当事人在我国的刑事审判中的诉讼地位。 相似文献
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环境公平应成为农村环境保护法的基本理念 总被引:4,自引:0,他引:4
环境公平已成为我国城乡协调发展中一个严肃而不可回避的问题。本文从环境公平的定义出发,针对城乡环境不公的严峻现实,提出环境公平应成为农村环境保护法的基本理念。 相似文献
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James G.H. Griffin 《International Review of Law, Computers & Technology》2014,28(3):299-315
Advances in technology will challenge and change the current manner in which legal regulation occurs. It has always been possible to describe governance and law as a form of technology in itself, but the growth of digital technologies provides a new means by which to regulate the population. This article posits the theory that the inherent characteristics of technology will become inherent within the digitisation of law. As law becomes an increasingly digital entity, it will become more concerned with perfect reproduction of law upon the person, and so more encompassing in its scope. In addition, the increasing use of digital technologies in augmented reality, in 3D and 4D printing both in solid and biological matter, poses a fundamental change in the regulatory relationship between the State and the individual – a challenge the State will need to address. 相似文献
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跨界损害责任是国际责任制度的一个重要问题。2001年《关于预防危险活动的跨界损害的条款草案》和2006年《关于危险活动造成的跨界损害案件中损失分担的原则草案》两个文件标志着联合国国际法委员会的这一编纂工作告一段落。该种责任与传统国家责任之间的关系、两个草案的性质、主要内容及存在的问题,以及其对国际法中责任制度的影响值得探讨和分析。 相似文献
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This paper has three aims. First, it describes the ideologies of six organizations that have been and continue to be prominent in the alternative dispute resolution (ADR) movement in the United States. These organizations all feature the use of mediation as a central component of their work and as a solution to larger social problems.
Second, it elaborates some points of similarity and difference in these ideologies in light of a debate that emerged in the late 1970's between "community" and "agency" models of mediation, that is, between programs that chose to closely affiliate with the formal justice system and those that chose not to. Several years after the start of this debate, we believe there are important points of convergence and divergence that have not received enough attention by those who advocate for or against alternative dispute processing.
Finally, the authors wish to use the opportunity this study provides to speculate more openly on the contemporary meaning of legal informalism and the ways in which formal and informal legal structures now seem to be linked. 相似文献
Second, it elaborates some points of similarity and difference in these ideologies in light of a debate that emerged in the late 1970's between "community" and "agency" models of mediation, that is, between programs that chose to closely affiliate with the formal justice system and those that chose not to. Several years after the start of this debate, we believe there are important points of convergence and divergence that have not received enough attention by those who advocate for or against alternative dispute processing.
Finally, the authors wish to use the opportunity this study provides to speculate more openly on the contemporary meaning of legal informalism and the ways in which formal and informal legal structures now seem to be linked. 相似文献
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A professor is brought before a secret tribunalin his law faculty for the purpose of decidingthe appropriateness of a student's grade. Thegrounds of the grade appeal are that theprofessor had taught critically instead ofpractically and that he had done so with anacademic bias and prejudice. He is also allegedto have taught philosophy rather than law. After many hours of examination andcross-examination as a defendant and as anexpert witness, the professor, Flink, begins adialogue with a spirit in an effort tounderstand the nature and identity of law. Flink comes to appreciate that law is adisplacing discourse rather than a structure ofcategories signified in an official writing. The analytic method familiar to officials incommon law jurisdictions, Flink comes tounderstand, excludes the experiential meaningsthat are manifested through unwritten gesturesand rituals. Officials embody signs withexperiential expectations and past assumptions.The embodiment of meaning brings life intolegal language. But such an embodiment isforgotten as officials decompose textualfragments and reported social events intoanalytic units. Legal analysis is so successfulthat officials even forget that they hadforgotten something so important as theembodiment of meaning.The professor and the spirit also ask whetherjustice is an `ought' and where one can locatesuch an `ought'. They conclude that there is astructure within which legal officials reason.The exteriority of the structure is anunwritten `ought' realm. But the structurepossesses a gap, which enters into such anunanalysable object-less realm. Analyticreasoning has assumed that reason can take anofficial only so far until she or he mustjourney outside the structure to anunanalysable realm of personal values. However, the embodiment of meanings alsoincorporates unwritten collective values ofwhich officials, precisely because of thesuccess of the analysis project in forgettingthat something was forgotten, have never beenconscious. It is such an unanalysable realmthat grounds or authorises the analyticproject. The exterior authorising origin of theanalytic units of the structure rests upon apossibility that requires faith on the part ofthe officials, a faith that there exists afoundation, radically different from theanalytic units, on the other side of thestructure. The officials can, at best, imagineor picture the authorising origin, located asit is in the unanalysable object-less realmexterior to the written language of thestructure. The imagined origin takes the `form'of a bodiless spirit. The officials (and theprofessor and spirit) are haunted by thepossibility that the structure of humanlyposited rules are ultimately authorised by aspirit. 相似文献