民事抗诉制度的尴尬

2007年修改的《民事诉讼法》及相关司法解释未从根本上完善民事抗诉制度。法学界关于民事抗诉制度的争论一直未达成共识。制度缺陷和理论争辩使民事抗诉制度陷于存与废的纠结之中。民事抗诉制度仍有存续的必要;强化之路在于民事抗诉权与刑事检察权的有机结合。     

自然法抑或实证法——理性与意志视野下的美国宪法

在看待美国宪法观念中,一种观念将美国宪法视为自然法或高级法的摹本,认为美国宪法的特征在于人类凭借理性发现和宣布了自然法或高级法;另一种观念则将美国宪法视为纯粹的人民主权的意志表达。这两种观念都存在一定的曲解:美国宪法其实和古典自然法之间存在着巨大的断裂,是一种现代自然权利体系之下的人为宪法,但这种宪法并不是未经筛选的人民意志的表达,而是理性引导之下的意志表达。美国宪法的这种特征要求当代的法律人政治家既不能神话宪法,也不能轻视宪法,而是要求将宪法视为政治科学的教材,通过理解与对话来提升理性,从而思考宪法在当代的挑战。     

The Study on Richard Shusterman's Philosophy of Art

Shusterman's philosophy of art based on the pragmatism philosophy and the reconstruction of aesthetic experience, and with “inclusively disjunctive stance” as its theoretical method reinterpreted the issues such as “the end of art” and the definition of art and the popular art and so on. His philosophy of art focused on strengthening the understanding and experience of art. It also emphasized the continuity between art and life, so it reflected the vivid and pragmatic color.     

Irish civil society: rearranging the deckchairs on the Titanic? A case study of fighting Irish social security retrenchment

Examining the politics of Irish responses to crisis-related social security cuts gives insight into Irish agency and how crisis has shaped the contours of Irish civil society. Despite assertions of lack of protest, Irish retrenchment was resisted and sometimes partially defeated. Using political sociology frameworks to explore interactions between institutional, ideological and interest variables in three case studies of defending cuts enables analysis of resistance strategies. There are tensions when short-term defensive resistance strategies undermine or limit offensive political coalition-building that might offer greater long-term solidarity and more sustainable resistance to intensification of the neoliberal Irish welfare state.     

Networks and campaigns but not movements: collective action in the disciplining Chinese State

Popular protest, civil society organizing, and non-governmental organizations have become notable features in China’s socio-political development. A mounting body of research has documented both opening opportunity structures and remaining restrictions when it comes to collective action within the authoritarian state. However, given the wide range of definitions and interpretations that are at play in the literature, it can be difficult to distinguish between different forms of collective action and determine which actions represent actual movements. This article argues that a refocus towards the basic components that constitute movement action can provide more clarity and help explain the limitations, as well as the opportunities, that surround collective action within authoritarian states. To illustrate, the article studies the organizational growth, networking, and collective action that have occurred in connection with AIDS in China. It finds that political restrictions and other coordination challenges prevent the mobilization of actual social movements.     

Regulatory dynamism of environmental mobilization in urban China

In China, urban middle class mobilization against potential pollution risk has become increasingly common. This article examines this phenomenon through a detailed case study of a 2009 anti‐waste incinerator campaign in the Panyu District of Guangzhou, which culminated in a sizeable public protest and government U‐turn. This episode revealed tension between the narrow, state‐centered regulatory model fixated on end‐of‐pipe pollution control, and a much broader decentered approach advocated – and practiced – by project opponents, which incorporated public consultation and much greater emphasis on upstream waste reduction and sorting. In the process, the Panyu campaign progressed beyond a case of “regulation by escalation,” whereby beneficial regulations are belatedly enforced following populist pressure. Instead, it transformed into an open dialogue between a plurality of actors, including citizens, journalists, experts, and officials, about what regulation should constitute and who should determine acceptable levels of risk. By focusing on the processes through which regulatory issues emerged and changed during the Panyu campaign, this article highlights the regulatory dynamism of environmental mobilization in a context of regulatory uncertainty, and campaigns against “locally unwanted land uses” more broadly.     

Civil and Uncivil Actors in the Guatemalan Peace Process

Abstract This paper examines the Guatemalan peace process by focusing on different actors in civil society. It considers the peace negotiations between the government/ military and the guerrillas, rather than the realm of electoral procedures, to be the main locus of political transition. Challenging the work of many elite-centred theorists of democratisation who claim that civil society is an ephemeral and largely insignificant actor in transitions, the analysis considers both popular actors and business associations, one of the major‘ uncivil’ actors in Guatemalan civil society, and shows that civil society can have an impact on transitions on multiple levels. In attempting to explain the degree of impact, the paper illustrates the need to examine both the surrounding political opportunity structure and internal factors such as organisation, strategy and leadership.     

对我国民事抗诉制度的反思与重构

关于民事抗诉制度,学界和司法界长期存在“废”、“立”两种针锋相对的观点。本文认为,现行民事抗诉制度的确存在不少问题,但这些问题的根本原因在于,现行民事抗诉程序是由两个性质完全不同的程序——民事抗诉程序和民事再审程序——“组装”而成的,严重违反了法理和程序设计的规则。本文认为,要使民事抗诉制度摆脱目前的困境,必须将民事再审程序从现行民事抗诉程序中剥离出去,并对民事抗诉程序进行重新设计。     

Reforming Indian agriculture and the rise of farmer's protest in India: Tracing the discourse and the way ahead

The Indian government unveiled new farm legislation on September 27, 2020, with the goal of empowering the farming community. According to the government, new farm regulations will reduce the reliance of indigenous farmers on the mandi (market yard) system, which is now in place and is quite exploitative and full of middlemen and legal cartels. The regulations made contract farming lawful with the intention of luring private sector investment in bolstering agricultural supply chains and infrastructure to give farmers better pricing. But these rules are referred to as repressive and anti-farmer by the farming community. Farmers believe that eliminating the mandi system will eliminate the minimum support price (MSP) mechanism and that contract farming will ultimately be damaging, enticing major corporations and private investors to bind them to unfair contracts that will result in exploitation. Farmers' demonstrations have begun as a result in the former territory of the green revolution. In order to determine if the new farm regulations introduced by the central government are indeed beneficial to the rural community or not, the article followed the debate among many academics, policy makers, economists, researchers, stakeholders, and politicians (the government's spokesman). The article's main focus is on analysing the farmers' demand for the new farm rules to be repealed and the economic justification for their opposition. Additionally, it contends that new farm rules will encourage capitalistic farming and endanger the viability of farming communities, particularly small and marginal farms (S&M).     

《1844年经济学哲学手稿》文艺学美学思想的现实意义--马克思主义文艺学当代发展思考之四

把马克思主义实践美学称为"过时的思辨美学"是经不起论证和推敲的忽略了文化对社会现实的建构作用,是没有道理的.文艺社会学是马克思主义文艺学美学的重要内容.中国大众审美文化的兴起与发展,一方面需要马克思主义实践美学指导,另一方面也为马克思主义实践美学展开了广阔的平台.