仲裁与司法关系适解

当谈到仲裁与司法的关系时,我们首先想到的是司法对仲裁的监督。从仲裁协议的效力到仲裁裁决的执行,无不强调司法对仲裁过程的司法监督,而忽视了极其重要的另一方面——司法对仲裁的支持。对于仲裁与司法的关系,从支持与监督两个方面进行剖析,考虑到仲裁本身分流诉讼、便于纠纷快速解决的特质,应当更加强调司法对仲裁的支持。从我国仲裁法与民事诉讼法等法律与司法解释中涉及两者关系的法律条文进行解读,应该能给出一个适当的理解,更加有利于仲裁与司法二者关系的改善。     

中韩农业贸易中的政治性贸易保护问题研究

在中日韩三国自由贸易区谈判即将召开的情况下,韩国农业领域的贸易保护问题已经成为阻碍中韩FTA签订的重要问题。韩国农业领域的贸易保护倾向不仅根源于福利国家体制和国家干预制度,还和韩国独特的历史和现实政治情况紧密关联,这就要求我国政府在解决该问题时除了遵循FTA基本原则外,更要兼顾社会和政治方面的对韩协调,整合中国农业出口部门,实现对农业领域自由贸易的政治护持。     

Religious Institutionalism: A Domestic Explanation for External Support of Rebel Groups

ABSTRACT

What motivates state support for rebel groups? The literature on state support for rebel groups has made critical developments. In particular, scholarship has shed light on the impact of religious identity links. Less work, however, examines the level of religious institutionalism in external states. I argue that the impact of religious links is conditional on the extent to which religion is institutionalized in the external state. Religiously institutionalized states allow domestic religious forces more space in the political arena, which increases pressure on state leaders to support co-religious rebel groups. Using statistical analysis, I find that the interaction of religious institutionalism and religious links affects the likelihood of support. When an external state and rebel group have religious links, and the external state has a high level of religious institutionalism, the likelihood of support is high. In contrast, without a high level of religious institutionalism in the external state, religious links do not increase the likelihood of support. The relationship is driven by cases where the external and target states do not share a religion. This article contributes to existing literature by moving beyond transnational religious links and focuses on how religious institutionalism increases domestic pressure to support co-religious rebel groups.     

论兼采扶养丧失说与继承丧失说之可行性——对死亡赔偿中消极损害内容的再澄清

对于死亡赔偿中消极损害的内容,我国学界一般认为有扶养丧失说与继承丧失说两种不同的模式,并且这两种模式相互排斥,不能并存。这一看似合理、并有各国立法例支持的认识实际上存在很大问题。事实上,兼采扶养丧失说与继承丧失说并没有不可逾越的理论障碍。立法例上所谓的大多国家/地区均采扶养丧失说也只是学说上的一种概括,具体到各个国家/地区,均有所不同,没有必然的参考意义。相反,在我国,继承利益历来受到重视,因而将其与扶养利益分开,同时设立扶养利益与继承利益两个赔偿项目,具有重要意义。因此在我国,兼采扶养丧失说与继承丧失说更为合适。     

Connecting restorative justice with gender-responsive programming

Despite the encouraging results of public opinion assessments on restorative justice, people are not likely to spontaneously suggest restorative measures after a crime. Restorative justice thus seems in need of a public relations strategy. This paper discusses the strategy labeling victims as the universal remedy to promote restorative justice, and the proposal of promoting restorative justice through the media by foregrounding crime victims in media reports on crime. This strategy stems from a belief that the most appealing aspect of restorative justice to the public is its thoughtfulness to victims. However, I will argue that there are three problems with this approach. These concern: (1) the victim’s position in both restorative justice theory and practice; (2) the characteristics of media reporting on crime in general and victims in particular; and (3) the risk of attaining a result opposite to the initial objective (i.e. increasing punitive attitudes instead of promoting restorative justice).     

Cultural Policy and Values: Intrinsic versus Instrumental? The Case of Romania

This article addresses cultural policy in post-Communist Romania, focusing on the justifications for support of culture and the arts. The objectives are to clarify values legitimizing public support and to determine their effect on the meaning and impact of cultural policy. The author argues that justifications of public funding—instrumental or intrinsic—depend on how successive governments represent the roles conferred to culture and the arts, as well as on the particular ideas of culture and art they promote. Policy discourse after 1989 has been characterized by its nourishment of a persistent instrumental ideology that gradually connected to the international debate and has been dominated by a traditional, narrow conception of culture and art, which conflicts with a modern conception. Until recently, the fluctuations and conflicts between different values and ideas of culture and art have worked to constrain cultural policy, disrupting its implementation and altering its effects.     

Understanding Victim Support as Crime Prevention Work: The Construction of Young Victims and Villains in the Dominant Crime Victim Discourse in Sweden

Starting from the observation that a new victim category has emerged in the form of the ‘young crime victim’, this article explores the notion of support to young crime victims as crime prevention work, considering it as an important constituent of the dominant crime victim discourse among support professionals. In the context of the support work, the (young) ‘victim’ and the (young) ‘villain’ provide mutually necessary counterparts constructed in relation to each other. Corresponding to this division, two approaches in criminal and crime prevention policy and practice are then analysed using Garland's notions of ‘the criminology of the self’ and ‘the criminology of the other’. The first of these strategies is generally associated with rehabilitative measures (with the resulting normalization of the crime, its victims, and villains), while in the second punitive measures remain the norm (with the crime, its victims, and villains becoming ‘Otherized’). Yet, as shown within the context of rehabilitation organized as support to young crime victims, both of these (at first glance mutually contradictory) discourses are drawn upon and operationalized by the professional support staff constructing images of young victims and villains in their daily work. Help-seeking youths resistant to identifying as victims remain represented as (possible future) villains.     

高职毕业生创办微小企业的立体支持体系构建

我国每年的高职毕业生中,选择自主创业的人数占总毕业生人数的比例较少,并且创业成功率较低。导致高职学生创业率低和创业成功率低的原因较为复杂,亟须构建包括高职院校、政府、社会、高职学生在内的创办微小企业的立体支持体系。     

Peak Oil as a stimulus for a green economy transition in South Africa: Alternative liquid fuel and transport options

Abstract

While the arguments in favour of a green economy often rest on the need to reduce environmental damage, mitigate climate change and create environmentally friendly jobs, this article argues that the inevitable and possibly imminent peak and decline in world oil production provides another strong rationale for green economy policies and investments in South Africa. The South African economy has a high degree of reliance on imported petroleum fuels and evidence suggests that oil price and supply shocks – resulting from diminishing world oil exports and a decline in the energy return on investment for oil globally – are likely to have a debilitating socioeconomic impact under business-as-usual policies and behaviour patterns. Two broad strategies for mitigating the impact of increasing world oil scarcity and oil price shocks are considered. The first evaluates the prospects for developing indigenous sources of liquid fuels, including coal-to-liquids, gas-to-liquids and biofuels, and finds that there are significant resource and environmental risks associated with these options. The second strategy involves short-term measures to reduce demand for liquid transport fuels together with a long-term shift toward electrified mass transport, supported by accelerated investments in renewable energy. The latter strategy is argued to be compatible with and necessary for a societal transition towards a green economy.     

International support for action on climate change and democracy: exploring complementarities

International support for democracy and climate action (mitigation; adaptation; addressing climate loss and restoring damage) are two distinct spheres: motivations, purposes, activities and the relevant literatures exist independently of one another. This article challenges this separation by investigating the scope for policy complementarities that potentially could further both democracy support’s objectives and climate action. Findings that address possible future scenarios where global warming exceeds safe limits or where democracy and democratisation are threatened by climate change impacts are worth exploring. The article’s provisional findings are mixed but provide grounds for believing that democracy support and democratisation potentially could gain from taking support for climate action into consideration and that climate action might benefit too.