涉台民商事案件法律适用的现状与展望

通过对涉台民商事案件的实证分析,可以发现,参照或者直接适用国际私法规范解决涉台民商事法律适用问题是各地法院的普遍做法。当前,不同法院对涉台民商事案件属性识别存在分歧的原因是审判人员对涉台政策的认知不同,而适用国家法律解决涉台民商事案件所占比例过高的成因则在于当事人衡量两岸关系的特殊现状,理性地回避了选择适用台湾地区"法律"。对祖国大陆而言,为了摆脱当前涉台民商事法律适用面临的困境,应当从观念培育、理论构建、政策检讨和规范整合四个方面着手,解决国家统一前认可合法性未获承认的台湾当局民商事法律效力的正当性问题。     

多元文化背景下的青少年教育

文化的多元化使各种文化冲突相继出现,从层面上看,主要是中西文化冲突、精英文化与大众文化冲突、主流文化与非主流文化冲突。这些冲突,对我国社会生活各个层面特别是青少年教育产生了不同程度的影响。文化冲突使青少年学生的价值观整合过程,往往不可避免地遇到矛盾和冲突,以致于部分学生出现了价值混乱、无所适从的感觉。要迎接多元文化的挑战,教育就必须拆除有形、无形的围墙,加强与社会的联系；必须改变自命清高、孤芳自赏的心态,承担起应有的文化职责。具体说来,当前至少应该做好以下工作：1．树立多文化教育观。2．坚持客观分析、兼容并蓄。3．直面文化冲突,采取切实措施进行积极应对。     

世贸组织法律框架下贸易自由理想与贸易保护现实的冲突

贸易磨擦事件数量的上升是当今世界经济全球化发展的一种“不和谐音” ,是各国基于自身利益的考虑而推行贸易保护主义所引发的贸易冲突的集中表现 ,而这绝大部分冲突又恰恰是在以推行和实现世界贸易自由化为宗旨的世贸组织法律框架内所发生的。我国已经加入世贸组织 ,对这一问题作一反思 ,积极迎接挑战 ,具有特别的现实意义     

《公安机关执法细则》瑕疵分析——从治安处罚的种类和幅度纳入公安机关告知程序谈起

《公安机关执法细则》是规范公安机关执法活动重要的内部规范性文件,其规定的科学化对于依法办案及维护相对人合法权益具有重要意义。但该细则个别规定存在与上位法冲突,规范欠缺操作性问题。本文从治安处罚的种类和幅度纳入公安机关告知程序这一瑕疵分析入手,探寻瑕疵造成的危害及解决方法,希冀能对完善该规定有所帮助。     

The Culture of Interest: A Proposed Addition and Revision of the Three‐Culture Model

Negotiation and conflict resolution theorists have classified world cultures according to three types for the purpose of describing and predicting some of the ways in which individuals and groups within broad, geographically based cultural groups behave in conflict and negotiation‐related situations. These three broad categories, called “cultural syndromes,” have described these cultures according to the relative value they place on these three concerns: honor, face, and dignity. Based on our examination of the literature on the cultural dimensions of negotiation and conflict management, our own practice, and an analysis of literature and practice pertaining to the place and utility of the honor, face, interest, and dignity attributes within and between cultural groups , we propose a reformulation of this typology. Our reformulation would replace the broad “dignity” category with a new category that we call “interest,” which we believe better characterizes Northern European and North American cultures. We also argue that a cultural orientation toward dignity is universal and not geographically unique and is thus shared by all three cultures. This new formulation, we believe, more accurately characterizes the global range of orientations toward negotiation and conflict resolution and would, if adopted, help scholars and practitioners better understand culturally divergent conflict orientations and behaviors as well as the ramifications of such differences for negotiation and conflict resolution practice.     

Negotiating peace in Kosovo

We systematically analyze and forecast key developments before and during the Kosovo Crisis. Prior to the air campaign, we anticipated the breakdown of negotiations at Rambouillet and the subsequent initiation of hostilities. Without Russia as a mediator, we predicted that Milosevic would engage in military activity and strengthen his domestic control. As the war was being waged, we took a second look at settlement opportunities. Russia was identified as the key mediator needed to reach a settlement We show that a European‐led settlement offered promising prospects for peace. Finally, we demonstrate that the settlement achieved after the air war was not much different than the settlement that could have been achieved at Rambouillet The settlement on Kosovo offers only short‐term stability. To gain long‐term stability, the Serbians must either agree to the existing ethnic makeup in Kosovo or allow it to be partitioned. Otherwise, conflict in this region will likely revive.     

Dimensions of Chinese foreign conflict and cooperation: A research note

Key mediation attributes, such as mediating actors, the strategy they choose, and previous mediation experiences, are widely thought to influence the nature of a conflict management outcome. But how and when these features shape outcomes is not a straightforward matter, and a standard analysis of these factors does not lead to their widely anticipated results. Why? We develop a new analytical framework that argues that a dispute's intensity alters the conflict management processes. Furthermore, in order to observe this variation, we also need to expand the traditional, dichotomous notion of conflict management outcomes (success or failure) to include a fuller range of observed results. Using the most recent International Conflict Management data set and our new analytical framework, we analyze the effect on conflict management outcome of mediator (a) identity, (b) strategy and (c) history. We find that directive strategies and international mediators are effective in resolving high intensity conflicts, procedural strategies and regional mediators are effective in resolving low intensity conflicts, and that mediation history always affects resolution. Our results have implications for both the study and practice of international dispute mediation.     

Means,Motives and Opportunities in Ethno-Nationalist Mobilization

Building on the most important theoretical tools from the literatures on social movements and nationalism, we propose a model of the intensity of nationalist political behavior in which a community's means, motives, and opportunities assume the central roles in the initiation and escalation of nationalist contentious politics. We then test this model using multinomial logit on original data from the seventeen autonomous communities of Spain over a twenty-year period. The results demonstrate that the means, motives, and opportunities assume vital, yet nonlinear, roles in determining a community's level of electoral, violent, and nonviolent contentious activity. The findings also show that there are crucial differences in what accounts for the moves to electoral contention, to protest, and to rebellion. Several of these factors are uniformly escalatory on the intensity of contention—especially repression, social mobilization, and regime change—while others, most importantly democracy, have a moderating effect on the generation of conflict. The results further imply processes of a diffusion of rebellious activities and of an organizational-level substitution effect between violent and nonviolent forms of political behavior. At the aggregate community level, however, escalation in contention involves a “cumulative effect” rather than a classic “substitution effect.”     

External Intervention in Ethnic Conflict

Recently, ethnicity has received greater attention from international conflict scholars. This study explores a new aspect of how ethnic composition of states and the power of ethnic kin affect external state interventions in ethnic conflicts. Here it is hypothesized that states with dominant ethnic groups but still-significant ethnic minorities are expected to be more prone to intervention in ethnic conflict than states without one of these two characteristics. A new measure is proposed to capture such variation in ethnic composition more precisely. Looking at large-N panel data, it is found that ethnically fractionalized states with dominant ethnic groups are indeed the most likely to intervene in ethnic conflicts. Additionally, the power of the embattled ethnic kin minority, as determined by its settlement patterns in the host state, also increases the likelihood of intervention. Traditional variables like proximity and capability retain statistical significance. However, ethnic variables have the strongest effects on interventions in ethnic conflict.