法律体系的新成员——案例指导制度

案例指导制度是我们国家司法制度新近确立的一个组成部分。作为新生事物,它与我们现存的法律体系、法律制度是否兼容,这是值得探讨的。在大陆法系国家,案例制度一开始也受到了排斥,但後来还是逐步引进并确立了案例制度。我认为,对于中国而言,正在讨论建立的案例指导制度,与立法、司法、执法,包括法律职业、法律教育也应该是兼容的,而不是排斥的。     

Book Reviews

Book reviewed in this article: REALIGNMENT OF WORLD POWER: The Russo-Chinese Schism Under the Impact of Mao-Tse-tung's Last Revolution. By Oton Ambroz. SAMUEL TERRY: The Botany Bay Rothschild. By Gwyneth M. Dow. RURAL INDUSTRY IN THE PORT PHILLIP REGION 1835–1880. By Lynnette J. Peel. NOT A WHITE WOMAN SAFE: Sexual Anxiety and Politics in Port Moresby 1920–1934. By Amirah Inglis. SOCIOLOGY AND DEVELOPMENT. Edited by E. de Kadt and Gavin Williams. POLITICAL CHANGE: Collected Essays. By David E. Apter. RICH NATIONS AND POOR IN PEACE AND WAR: Continuity and Change in the Development Hierarchy of Seventy Nations from 1913 through 1952. By Henry Barbera. ECONOMIC REALITIES IN POOR COUNTRIES. By Leslie Stein. G.D.H. COLE: An Intellectual Biography. By L.P. Carpenter. HISTORY AND WILL: Philosophical Perspectives of Mao-Tse-Tung's Thought. By F. Wakeman Jr. TO PHOENIX SEAT: An Introductory Study of Maoism and the Chinese Communist Quest for a Paradise on Earth. By L.R. Marchant. THE COUNTER REFORMATION. By G.W. Searle. ON THE MEDIEVAL ORIGINS OF THE MODERN STATE. By Joseph R. Strayer. IMPERIAL ECONOMIC POLICY, 1917–1939: Studies in Expansion and Protection. By Ian M. Drum-mond. TAMATE — A KING: James Chalmers in New Guinea. 1877–1901. By Diane Langmore. THE BASES OF INTERNATIONAL ORDER. Essays in Honour of C.A.W. Manning. Edited by Alan James. SMALL STATES IN INTERNATIONAL RELATIONS: Nobel Symposium 17. Edited by August Schou and Arne Olav Brundtland. THE MAJOR INTERNATIONAL TREATIES 1914–1973. A History and Guide With Texts. By J.A.S. Grenville. INTERNATIONAL LAW AND NATIONAL BEHAVIOUR: A Behavioral Interpretation of Contemporary International Law and Politics. By A. Sheikh. FULL CIRCLE. By S.F. Rowell. THE NUREMBERG FALLACY: Wars and War Crimes Since World War II. By Eugene Davidson. THE AUSTRALIAN COLONISTS: An Exploration of Social History 1788–1870. By K.S. Inglis. JEREMY BENTHAM: Ten Critical Essays. Edited by Bhikhu Parekh. THE DAMNED INHERITANCE: The Soviet Union and the Manchurian Crises, 1924–35. By G.A. Lensen. GUSTAVUS ADOLPHUS AND THE RISE OF SWEDEN. By Michael Roberts. SOCIALISM AND THE CHALLENGE OF WAR: Ideas and Politics in Britain 1912–18. By J.M. Winter. ACCUMULATION ON A WORLD SCALE: A critique of the Theory of Underdevelopment. Vols. 1 and 2. By Samir Amin. Translated by Brian Pearce. GERMANY CONFRONTS MODERNISATION: German Culture and Society, 1790–1890. By Robert Anchor. WORKERS AND PROTEST: The European Labor Movement, The Working Classes and the Origins of Social Democracy, 1890–1914. By Harvey Mitchell and Peter N. Steams. MAJOR IDEOLOGIES: An Interpretative Survey of Democracy. Socialism, and Nationalism. By Alexander Groth. CONTEMPORARY THOUGHT AND POLITICS. By Ernest Gellner. Edited with a preface by I.C. Jarvie and Joseph Agassi. MODERN DEMOCRACIES: Economic Power versus Political Power. By Maurice Duverger. DICK DETERRED: A Play in Two Acts. By David Edgar. THE IMAGE OF AUSTRALIA. British Perception of the Australian Economy from the Eighteenth to the Twentieth Century, By Craufurd D.W. Goodwin. CONFIDENTIAL DISPATCHES: Analyses of America by the British Ambassador, 1939–1945. Edited by Thomas E. Hachey. THE STATE'S SERVANTS: The Civil Service of the English Republic 1649–1660. By G.E. Aylmer. NORMAN LINDSAY, The Embattled Olympian. By John Hetherington. MARKETING BOARDS AND MINISTERS: A Study of Agricultural Marketing Boards as Political and Administrative Instruments. By P.J. Giddings. ELITES IN THE POLICY PROCESS. By Robert Presthus. LAW, LEGISLATION AND LIBERTY: A New Statement of the Liberal Principles of Justice and Political Economy. Vol. I Rules and Order. By F.A. Hayek. DEPRESSION AND RECOVERY IN WESTERN AUSTRALIA 1928'29–1938'39: A Study in Cyctical and Structural Change. By G.D. Snooks. INDIA'S SECOND LIBERATION. By Pran Chopra. NORMALIZATION OF JAPANESE-SOVIET RELATIONS 1945–1970. By S. Vishwanathan. MAOISM IN ACTION: The Cultural Revolution. By C.L. Chiou. THE PLANS OF WAR: The General Staff and British Military Strategy c. 1900–1916. By John Gooch. REVUE INTERNATIONALE d'HISTOIRE MILITAIRE. A NEW HISTORY OF AUSTRALIA. Edited by F.K. Crowley. AUSTRALIAN CULTURAL ELITES: Intellectual Traditions in Sydney and Melbourne. By John Docker. SUEZ 1956. By Robert R. Bowie. LABOR IN POLITICS: The State Labor Parties in Australia 1880–1920. Edited by D.J. Murphy. J.H. SCULLIN: A Political Biography. By John Robertson.     

浅析仲裁员之责任制度(上)

“仲裁员责任制度”的构建是现代仲裁制度发展过程中一个不可或缺的问题。本文将仲裁性质的基本理论作为确定仲裁员责任制度的出发点,通过对仲裁员责任的性质、豁免以及其与仲裁机构的责任分配的分析,试图在阐明其必要性的基础上,结合我国之现状,对仲裁员责任制度加以初步地剖析与框架的构建。     

Joining Hands Northand South

<正>The signing of China-Australia FTA deal ushers in a new era for Asia-Pacific trade The final signing of the Free Trade Agreement(FTA) between Australia and China on June 18 marks the end of discussions and negotiations that have been ongoing since the mid-2000s.While nowhere near as epic as the 14-year period during which China was working on entering the World Trade Organization up to the time of its entry in 2001,     

Getting an Early Start

<正>One company introduces young children tothe wonder of the great outdoorsAs opposed to other young people in Beijing who choose to relax after a week’s tedious work by going out for dinner,watching a movie or going to karaoke bars on Friday night,Luo Hao and his friends have opted for another way to spend their evenings.They take more than 20 children aged 4 and up on a nature discovery adventure in Beijing’s Olympic     

Extending Eurasia Security Cooperation

<正>SCO leaders have charted out a blueprint for the next decade at the Ufa summit After 14 years of development,the Shanghai Cooperation Organization(SCO)has set its sights on goals for the next decade at the 15th meeting of the Council of SCO Heads of State that was held in Ufa,the capital of Russia’s Bashkortostan Republic,on July 9-10.     

Overdosing on Antibiotics

<正>New research yields insight into China’s antibiotics abuse and its impact on the environment Du,a Beijing resident in her 60s,believes that an antibiotic is a panacea for the maladies of her now 6-year-old granddaughter Guoguo.Du began to take care of her granddaughter since the child was merely 2 months old,for the girl’s parents were busy.She is comfortable with her caretaker duties except when the girl runs high fevers.Then,the anxious grandma will feed the girl antibiotics or take her to a private