农村纠纷解决--对一起水库案的实证考察

文章秉持实证的态度,将一起西部农村水库案作为切入点,力求以法学、社会学等多学科知识为导引,在分析国家正式解纷机制的基层化生存态势的基础上,认为应当从农村的实际情况出发,建构多元化、本土化的解纷机制,才能有效地解决农村纠纷,以实现农村解纷所要达到的价值目标和出路.     

Contact Disputes: Narrative Constructions of `Good' Parents

This paper explores contact disputes in England and Wales. We discuss the legal background as well as separating parents' experiences of contact disputes. Contact has been high on the agenda since the U.K. Government report, Making Contact Work, (2002) examined various means for facilitating contact between non-resident parents and their children. More recently, the issue has featured prominently in the headlines, largely as a result of the campaigning efforts of fathers' rights groups who complain of injustice and demand changes in the law. The idea that contact is necessary for children's well-being seems to have acquired the status of uncontestable truth. This paper examines the ways in which these ideas about children's interests have become embodied in adominant welfare discourse that is embedded in law and informs policy thinking. Family law has long abhorred parental conflict, particularly that which involves the children. It is frequently assumed that conflict can be reduced if parents could be persuaded to accept the premises of the welfare discourse. In this paper, we consider how parents themselves, in talking about their experiences of contact disputes, makes sense of family law. We found that parents regularly invoke the welfare discourse in their talk, but they interpret it in unexpected ways. Often these interpretations fuel conflict rather than reducing it.     

劳动争议诉讼三题

受我国传统诉讼文化的影响,我国劳动争议适用法律及法律程序设计等方面,都没有能够充分体现出程序正义和程序效益,法律对弱者所给予的救助和支持存在不同程度的弱化。建立社会主义市场经济体制和加入WTO,呼唤尽快完善我国的劳动法制,劳动争议诉讼制度必须从诉讼时效、诉讼证据和诉讼程序方面进行探讨和改革,以更好地维护劳动者的合法权益。     

Trusting in Trust(s): TheFamily Home and Human Rights

In July 2002, the U.K. Law Commission published its Discussion Paper No.287 on home-sharing. The conclusion drawn by the Law Commission was that it would not be possible to devise a statutory scheme for the resolution of family property disputes which is both workable and flexible enough to deal with the wide range of personal relationships that exist. It further took the view that, with appropriate changes to the way in which trusts principles are currently interpreted and applied by the courts, these trusts principles are sufficiently flexible and coherent to deal with the question of ascertaining and quantifying property rights over the family home. The aim of this paper is to examine the implications of these particular conclusions drawn by the Law Commission for both the law of trusts and the resolution of family property disputes between cohabitants. In particular, the paper will consider the extent to which trusts law remains a workable and desirable option and whether any mileage may be gained by drawing on the human rights culture that is emerging in U.K. legal and political discourse. This revised version was published online in July 2006 with corrections to the Cover Date.     

企业、高管及员工三方视角的和谐劳动关系影响因素实证研究 —— 基于广东省国家级和谐劳动关系综合实验区的调查

研究选取广东省佛山市顺德区国家级和谐劳动关系综合试验区 162 家制造业企业为样本 , 分别 从企业、高管和员工三个层面来研究和谐劳动关系的影响因素。研究结果表明：企业管理规章制度不健全、民 主管理及民主制度化建设不足、解决劳动争议方式过于集中和单一、内部沟通渠道不够畅通是当前劳动关系存 在的主要问题。而劳动合同、薪酬水平、企业组织投诉受理、安全保护、劳动行政部门投诉受理、劳动环境等 6 个影响因素对和谐劳动关系有显着影响。据此,提出了提高劳动合同质量、改善工作环境、进一步提高员工待遇、 畅通员工诉求渠道、加强劳动争议调解网络体系建设、充分发挥党群组织和工会的作用、发挥社会组织的作用 等改善劳动关系的具体建议。     

Internecine strife in trade union organisations: status,competition and the effect of industry rationalisation and neo-liberalism

Internal conflict in trade unions has been the subject of considerable academic interest. Often described as intra-union tensions, the basic divergence in priorities and concerns between union officialdom and their members on the shop floor has inspired a multiplicity of pioneering workplace studies and theoretical frameworks. However, while these hierarchical divisions in trade union organisations have received concerted attention, another manifestation of intra-union discord remains relatively under-explored. Inter-sectional or ‘horizontal’ conflict can be described as two sets of workers from different trade groups within the same union which are embroiled in competition or rivalry, usually in the same workplace. Although the loosely associated concept of sectionalism was identified as a re-emerging trend in British trade unionism in the 1960s and 1970s, there has been little attempt to document how conflict can occur between two sections of workers working side-by-side. This article will present a case of horizontal conflict from the British dock industry and consider under what circumstances and pressures the phenomenon is likely to occur. The two sections featured historically had an uneasy relationship and rationalisation of the industry, allied with the neoliberal restructuring of the British economy in the 1980s, exacerbated this. In these contexts, workers began to exhibit greater levels of group self-interest which amplified inter-sectional tensions further.     

Seeing the Lexus for the Olive Trees? Public Opinion,Economic Interdependence,and Interstate Conflict

Many scholars argue that economic interdependence and more extensive economic ties between countries decreases the risk of violent conflict between them. However, despite considerable research on the “capitalist peace” at the macro or dyadic level, there has been less attention to its possible individual-level microfoundations or underpinnings. We argue that public perceptions about economic ties with other states and the costs of conflict should influence the expected constraints on the use of force for leaders. Actual high interdependence and potential economic costs may not suffice to create political constraints on the use of force if people are unaware of the degree of interdependence or fail to understand the benefits of trade and the likely economic costs of disruptive conflict. We examine the linkages between individual perceptions about economic interdependence and their views on conflict and peace through a survey experiment, where we ask respondents in Japan about approval for belligerent actions in a territorial dispute with China and varying information about economic ties. Our findings indicate that greater knowledge and information about economic interdependence affects attitudes about territorial disputes and increases support for peaceful solutions with China.     

Future Uncertainty as a Challenge to Law's Programmes: The Dilemma of Parental Disputes

The article poses the problem of the need for judges to make 'right' decisions. It then describes how judges have attempted to meet this requirement in difficult cases concerning parental disputes over contact with children where there have been allegations of domestic violence. Applying Luhmann's concepts of the legal system, law's function, law's coding and law's programmes (Das Recht der Gesellschaft (Society's Law) 1997), offers a very different perspective on the issue to that of the judiciary or legal commentators who tend to see the issue of the law, determining, with expert help, what is best for the child. Law's function of stabilizing expectations over time obliges it to deal with all matters that come before the courts through the application of 'conditional programmes' and prevents it from applying the 'purpose oriented programmes' of politics and those who see the issue in terms of ideological conflict.     

网络版权侵权的若干问题研讨

随着网络技术的飞速发展 ,传统版权制度受到了挑战。近年来 ,国内出现了一系列网络版权侵权纠纷案件 ,使得网络版权保护面临的问题日益突出。为了更好地保护网络版权人的合法权益 ,维护市场秩序 ,有必要对网络版权侵权的类型、侵权案件的管辖、侵权纠纷中权利主体和证据效力的认定、侵权责任的归责原则等方面进行研讨。     

CUSTODY DISPUTES INVOLVING ALLEGATIONS OF DOMESTIC VIOLENCE: TOWARD A DIFFERENTIATED APPROACH TO PARENTING PLANS

Premised on the understanding that domestic violence is a broad concept that encompasses a wide range of behaviors from isolated events to a pattern of emotional, physical, and sexual abuse that controls the victim, this article addresses the need for a differentiated approach to developing parenting plans after separation when domestic violence is alleged. A method of assessing risk by screening for the potency, pattern, and primary perpetrator of the violence is proposed as a foundation for generating hypotheses about the type of and potential for future violence as well as parental functioning. This kind of differential screening for risk in cases where domestic violence is alleged provides preliminary guidance in identifying parenting arrangements that are appropriate for the specific child and family and, if confirmed by a more in‐depth assessment, may be the basis for a long‐term plan. A series of parenting plans are proposed, with criteria and guidelines for usage depending upon this differential screening, ranging from highly restricted access arrangements (no contact with perpetrators of family violence and supervised access or monitored exchange) to relatively unrestricted ones (parallel parenting) and even co‐parenting. Implications for practice are considered within the context of available resources.