中国女性主义批评实践20年的回望

女性主义自20世纪80年代初被引入国门以来,其间经历了两次批评实践的高潮.但在本土化的过程中也暴露出不少问题,如过度偏执于性别文本与性别价值,以至因批评的格式化与概念化而陷入自说自话的境地,忽视对女性美学的总结、对自身理论体系的建构以及对本土性别研究资源的整理等.只有高度重视上述问题,才能避免使中国的女性主义实践走向日益僵化的境地.     

法治系统工程二十年(下)

本文基本展现了20年来法治系统工程在中国发生和发展的概貌。它向读者传递了这样的信息：作为一种现代思维方式,法治系统工程正日渐影响着中国的法学研究;而作为一种现代化的组织管理技术,法治系统工程正日益广泛地融入中国的法治实践。     

检察工作一体化及其保障与规范

检察工作一体化获得了宪法和法律的确认,体现了检察工作的基本规律,在当前形势下更为需要,更具有迫切性.检察工作一体化需要相应的保障机制才能实现,同时需要检察工作自身的进一步规范.     

Regulating Marriage and Cohabitation: Changing Family Values and Policies in Europe and North America—An Introductory Critique

The inspiration for this special issue came from our observation that the British and American approaches to family policy in general, and to marriage and cohabitation in particular, set them apart from their closest neighbors in Europe and North America, respectively. While certain demographic trends can be observed across the Western world, the response of Britain and the United States to such trends differs significantly from that of other jurisdictions in terms of family policy.     

Delayed Prosecutions of Historic Child Sexual Abuse: Analyses of 2064 Canadian Criminal Complaints

Recently, in many English-speaking countries, legal principles that had the effect of barring delayed criminal prosecutions have been abrogated. In these jurisdictions, criminal prosecutions of child sexual abuse that is alleged to have occurred in the distant past (historic child sexual abuse or HCSA) are a growing legal challenge. These cases raise myriad issues relevant to research and the development of public policy that would benefit from a considered exchange of ideas that is informed by a clear understanding of the phenomenon. Based on 2064 judicial decisions of Canadian criminal complaints of HCSA we describe the trial, the complainant, the accused, and the offence. In the context of these legal cases, we raise some of the germane issues as well as suggestions for future research and discussion that we believe are particularly current and pressing.     

Problems and Prospects for the Convention on the Conservation of Antarctic Marine Living Resources Twenty Years On*

Abstract

Twenty years after its adoption, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) remains unique among fisheries agreements in its declared commitment to considering the impact of existing or proposed fisheries on the entire ecosystem, rather than on just the harvested species. However, the recent picture of fisheries activities within the Convention area suggests a substantial ‐ and perhaps widening ‐ gap between theory and practice. The fishery that has most clearly proven beyond CCAMLR's capacity, and which has resulted in the most significant damage to the Antarctic environment in modern times is that for Patagonian Toothfish, Dissostichus eleginoides. That fishery is discussed in more detail below. The roots of that problem in conjunction with structural problems that have contributed to CCAMLR's inability to deal with the toothfish challenge threaten to be repeated in the second‐generation krill fishery that is rapidly developing in Antarctic waters. The authors provide suggestions for structural and procedural changes within CCAMLR to permit it to effectively manage the marine living resources of the Southern Ocean.     

Human Rights Prosecutions and the Participation Rights of Victims in Latin America

Since the 1980s, there has been a significant rise in domestic and international efforts to enforce individual criminal accountability for human rights violations through trials, but we still lack complete explanations for the emergence of this trend and the variation observed in the use of human rights prosecutions in the world. In this article, we examine the role that procedural law has had in allowing societal actors to influence in this rising trend for individual criminal accountability. We do this by focusing on participation rights granted to victims, such as private prosecution in criminal cases. Based on an exploration of an original database on human rights prosecutions in Latin America and fieldwork research in three countries, we argue that private prosecution is the key causal mechanism that allows societal actors to fight in domestic courts for individual criminal accountability for human rights violations.     

The Quest for Truth: Substantiating Allegations of Physical Abuse in Criminal Prosecutions and Care Proceedings

The protection of children from violence is increasingly beingplaced on national and international societal and politicalagendas throughout the world. Although responses vary, measuresto punish abusers in the criminal courts and measures to protectchild victims in the family courts are common to many jurisdictions.When an allegation of abuse is contested, the conflict mustbe resolved before these punitive or protective measures canbe implemented. However, proving that a child has been abusedis a process fraught with difficulties. This article exploresthe concept of proof and illustrates the challenges faced insubstantiating allegations of physical abuse in criminal prosecutionsand care proceedings in England and Wales. In so doing it considersthe relationship between the two kinds of proceedings in thelight of their respective punitive and protective objectives.It concludes that, although recent developments may occasionallyhave blurred the distinction between the two systems, the fundamentallydifferent objectives of each remain and that this distinctionjustifies apparently conflicting outcomes in the quest for truth.     

The Changing Status of International Law in English Domestic Law

Netherlands International Law Review -     

Criminal Prosecutions: Examining Prosecutorial Discretion and Charge Reductions in U.S. Federal District Courts

The role of the prosecutor in criminal punishments remains a fervent topic of criminal justice discourse, yet it has received limited empirical attention, particularly for U.S. Attorneys in federal district courts. The present study examines charging and sentencing outcomes in federal courts by combining charging data from the Administrative Office of the U.S. Courts with sentencing data from the U.S. Sentencing Commission. The merger of these data sources overcomes limitations of each and provides for an investigation of the causes and consequences of federal prosecutorial charging decisions. Our investigation focuses on the subtle but important influences that extralegal offender characteristics exert in this process. Results indicate that some extralegal characteristics are intricately tied to the likelihood of charge reductions. Moreover, these effects sometimes interact to produce compound disadvantages for some groups of offenders. Our analyses are guided by contemporary theoretical perspectives on courtroom decision‐making.     

Institutions and contracts: Franchising

This paper investigates a new dataset of franchise networks in nine countries in order to assess whether and to what extent do institutions influence the practice of franchising. Our regressions relate the structure of franchise networks (the rate of franchised units as opposed to corporate units) to individual parameters supposed to reflect the extent of moral hazards on the franchisor's and franchisee's sides and, more specifically, to various institutional parameters of the franchisor's country, namely, the legal tradition, the level of procedural formalism, the constraints imposed by labour regulation and the effectiveness of trademark protection. While agency theory parameters seem to perform rather badly in this international setting, institutions such as trademark protection and labour regulation have more explanatory power: greater trademark protection encourages franchising and the impact of labour regulation is mostly positive, depending on the type of labour regulation that is being considered. The effect of legal tradition and formalism seems negligible once these parameters are taken in. JEL Classification D23 · F23 · K12     

爱国主义与以人为本———“国家 个人本位”法律价值观的现代诠释

单向“集体本位”是中国传统文化也是中国传统法的价值观。它经历了家族本位、国家本位、国家与家族本位、国家与社会本位、阶级本位等发展阶段。改革开放以来,伴随着社会主义市场经济、社会主义民主政治建设特别是法律文化建设的深入进行,在社会意识形态领域逐渐形成了以爱国主义和以人为本为标志的社会主义核心价值观。这种社会主义核心价值观为社会主义法律价值观———“国家·个人本位”的酝酿和形成创造了前提。双向的“国家·个人本位”法律价值观标志着现代中国法律文化建设的价值方向。     

论《民法通则》诉讼时效与《劳动法》仲裁时效的竞合和冲突

目前我国劳动争议案件不断增多，我国关于劳动方面的立法也不断完善，但在时效方而，《中华人民共和国民法通则》(以下简称《民法通则》)和《中华人民共和国劳动法》(以下简称《劳动法》)存在既竞合又冲突的现象。因此，有必要在理论上加以探讨，在立法上加以完善。