The Committee on the DESNA: Six Years Later

And suddenly, in the same quiet voice with which he had just set forth the long-range, interesting plans of the ministry, the department head said to me.     

The Process is the Rule and the Punishment is the Process

Andrew Ashworth, The Criminal Process: An Evaluative Study , Oxford: Clarendon Press, 1994, 315 pp, hb £45.00, pb £12.95. Andrew Sanders and Richard Young, Criminal Justice , London: Butterworths, 1994, 496 pp, pb £18.95.     

改革开放30年的民事诉讼法学

本文回顾了改革开放三十年以来我国民事诉讼法学的发展历程,对以两部《民事诉讼法》的颁行为划分标志的各个阶段的学术成果、学术交流、学科建设、人才培养等方面的主要成就进行了介绍和评述,并对现存的突出问题进行了反思。本文最后展望了我国民事诉讼法学的发展,提出今后应该从创立完善的民事诉讼法学学科体系、加强与民事实体法的结合进行研究、扩大学术研究对立法的影响等三个方面努力,进一步推进民事诉讼法学的研究。     

Five Years Later: Reconsidering the Original ABA Report on MDP

Reconsidering the original report issued in 1999 by the ABA Commission on Multidisciplinary Practice, this essay suggests that that report properly attempted to deal with questions of legal ethics that might arise if the practice of law by lawyers were integrated into an enterprise in which nonlawyers had a significant degree of ultimate control, but that the commission, perhaps because of undue time pressure, neglected to pursue these questions deeply enough. This essay suggests that more was needed than a proposed mechanism for self-certification of compliance with rules of legal ethics, coupled with possible review of compliance. The "more" that was needed, this essay further suggests, was a proposal for the licensing of an enterprise in which lawyers do not have exclusive ultimate control, as a precondition to permitting lawyers in the enterprise to offer legal services to the general public. Thus, before it could offer legal services to the general public, such an enterprise would need to comply with requirements for obtaining a license, and noncompliance with rules of legal ethics could bring into play traditional disciplinary measures including, where appropriate, suspension or revocation of the license.     

Stepping on the Same Rake Twenty Years Later

The forms and methods of direction (administration) of the courts, as well as the agencies giving this direction, have changed with the development and strengthening of the Soviet judicial system, in accordance with the tasks placed before the courts at each stage of their development by the Communist Party and the Soviet state.     

The Western Riverside County Multiple Species Habitat Conservation Plan: 10 Years Later

Abstract

Urban development in Southern California over the past few decades has largely concentrated on the coastal areas. In contrast, Riverside County, California's fourth largest county, which sits inland from the coast and is about the size of New Jersey, has until recently retained much of its rural and agricultural acreage with a significant percentage of its land undeveloped. With so much open space, western Riverside County was among the inland areas of Southern California left with a majority of the remaining intact habitat areas for species, sometimes making it “ground zero” for a battle between saving habitat for endangered species and building new homes and infrastructure in a fast‐growing area. That tug‐of‐;war eventually led to the formation of one of the nation's largest Habitat Conservation Plans (HCPs) covering nearly 150 plants and animals protected by endangered species laws or potentially in danger of becoming listed as endangered or threatened.     

The Process is the Punishment: Criminal Libel and Political Speech in Canada

The number of U.S. states with criminal libel laws has been steadily declining since the 1960s, and the offense has been struck down in the United Kingdom and several former British colonies. In Canada, however, criminal libel not only continues to exist, but appears to be enjoying a resurgence, albeit one that has flown beneath the radar of Canadian lawyers, judges, and journalists, who frequently assert that criminal libel prosecutions are rare. The research reported in this article found more than 400 prosecutions since the beginning of the twenty-first century. While many of these cases were brought against people who disseminated sexual slurs against former romantic partners, in a substantial number of cases criminal libel law was used to punish citizens’ political speech, particularly speech critical of police or other justice system officials, a use wholly inconsistent with the Canadian Charter of Rights and Freedoms.     

中国民法三十年之复兴路

党的十一届三中全会开启了民法的复兴之路。经济体制改革经历了从计划经济向社会主义市场经济转轨的过程,民事立法也呈现出从无到有并不断修正和完善的特点。现在已经形成了以《民法通则》为基本法、由《物权法》、《合同法》、《婚姻法》、《收养法》、《继承法》等民事单行法构成的民事法律体系,同时,创制民法典仍然是我们不可推卸的历史使命。     

我国农村教育政策30年的演进与变迁

改革开放30年来，我国农村教育的发展与农村教育政策的调整与变革相联系。30年农村教育政策的演进与变迁大体经历了三个阶段，有其自身的演进路向和变迁途径。1978—1984年，农村教育的政策重心是：恢复教学秩序，普及小学教育，改善教育结构的单一化和发展农民教育；1985--2002年，农村教育以改革基础教育的管理体制，有步骤地实施九年制义务教育和加强改革农村教育结构为重要政策指向；2003年以来，在落实科学发展观和建设社会主义新农村的背景中，农村教育政策有着新的调整与变革。30年农村教育发展的实践，既彰显着教育政策的积极功能与成效，也留下了值得反思的政策问题。     

改革开放三十年劳动立法的回顾与展望

党的十一届三中全会促进了我国劳动立法的发展,1994年《劳动法》的颁布奠定了我国劳动立法的基础。30年来的劳动立法在改革开放的正确路线指引下沿着不断更新、不断丰富、不断发展的道路前进。劳动立法有力地调整了我国的劳动关系,在促进经济发展和全面建设小康社会中发挥了其应有的作用。     

生命中的最后一次欢会——金圣叹晚期事迹探微

清初著名文学家金圣叹因参与“哭庙”而遭杀害 ,时在顺治十八年七月十三日。然自哭庙事发之二月四日至四月二十六日被捕 ,其间行踪事迹向不为人所知。今据有关珍稀史料研究得知 ,金氏曾一度避匿虎丘 ,与明遗民阎修龄、姚等相聚甚久 ,分手之际“快饮达旦”,堪称其生命中的最后一次欢会