中英律师制度比较

律师制度是一个国家法治建设的重要组成部分.英国的律师制度有许多值得我国借鉴的地方.本文试从中英两国律师执业资格的取得、律师的分类及业务范围、律师的管理体制、律师的纪律与惩戒制度等方面进行比较,从而发现我国律师制度中存在的不足以及提出了一些完善的建议.     

对英国集体谈判制度形成过程的历史考察

英国是资本主义的先行者，也是最早成立工会、最早进行集体谈判的国家。随着工人运动的发展，英国的集体谈判也经历了萌芽到成熟、非法到合法的过程，并形成了独特的传统：自由放任。这一传统既是英国资本主义经济政治特征的体现，也是工人与资本家斗争的结果，对英国劳资关系的发展有着深远影响。     

英国对精神打击的法律救济及其改革进展

精神打击是指自然人因精神上遭受严重打击或者持久刺激而导致的,独立于身体权、健康权等权利损害的且非一般可容忍的可辨别性损害。英国对精神打击所致损害的法律救济经历了复杂演变过程,在此过程中一系列规则得以创立。英国法律委员会对精神打击救济问题也做出了一系列的努力,最终形成了一个改革方案,但是这个方案却没有得以通过。精神打击法律救济中实际上关系到受害人权益救济和行为自由保护的冲突与协调这一侵权法中的基本矛盾。在协调二者的关系时必须通过一系列制度设计找到利益平衡的支点。探寻精神打击的法律救济条件和限制机制应该是理论研究和司法实践解决的重要问题。     

代议制、公共财政、宪政内在关系检视——以近代英国公共财政建构为线索

以近代英国公共财政建构为线索,检视近代英国的社会制度发展变革,可以发现:代议制、公共财政、宪政三者之间存在内在关联。公共财政建构是近代英国市场经济发展的产物和必然需要,而代议制是公共财政建构的制度选择和组织形式;近代英国市民社会与政治国家良性互动的宪政机理及其制度框架,也蕴于公共财政及其组织形式———代议制之中。     

Supporting Effective Citizenship in Local Government: Engaging,Educating and Empowering Local Citizens

Civic-republican theories suggest that an active citizenry is associated with community cohesion, better political institutions and inclusive democratic decision making. The influence of these arguments on the UK Labour government has led policy makers to focus attention on strategies to promote citizenship at a local level. In particular, English local authorities are expected to provide ‘support for citizenship’ as part of their wider duty to promote ‘effective community engagement’. The ways in which they can do this are various, ranging from the simple provision of information to direct support for community networks and groups. This article reports the findings of an extensive study of English councils' efforts to engage, educate and empower local citizens. The paper concludes that although local authorities have made significant progress in recent years in widening the structures for communicating with, and engaging citizens, there remains considerable scope for improving activities that address the learning implications of effective citizenship.     

Multiculturalism in one country?

Abstract

This review is persuaded by Modood's account of what multiculturalism should look like in the early twenty-first century underpinned as it is by well-made critiques of liberalism and radical secularism. But is far less convinced that Modood has successfully charted a strategy that will achieve his desired outcome of a flexible process of integration and a Britishness to which all can belong.     

Alice’s Adventures in Wonderland as an Anti-Feminist Text: Historical,Psychoanalytical and Postcolonial Perspectives

This article is an attempt to engage with the question ‘Is Lewis Carroll’s Alice’s Adventures in Wonderland a feminist book?’ Arguments from historical, psychoanalytical and postcolonial perspectives are presented and discussed. By summarizing and engaging with both sides of the debate, this article detects the source of the unresolved conflicts surrounding whether Carroll’s novel is a feminist text to be the different sides’ distinctive interpretations of Alice’s social identification. The pro-Alice-as-feminist-icon camp simply identifies her as an active and potentially subversive female role model for women, and thus subsumes Alice under the general category of women by assumption, whereas the iconoclastic camp, including the author of this article, reading Alice’s Adventures in Wonderland as an anti-feminist text, purports to differentiate the role of little girls and the role of adult women in the Victorian period. It argues that Alice’s supposedly unconventionally unfeminine characteristics do not necessarily imply Carroll’s enthusiasm for women’s liberation from marginality and domesticity, and instead they reveal his misogynistic fear of adult women and his pessimistic and nostalgic mourning for the loss of girlhood innocence and the inevitable corruption that ensues. The fictional character’s conformist ideologies are also detected in her participation in the oppressive system and mindset of British imperialism, which paradoxically further confines her in the oppressed domain of female inferiority and domesticity.     

What is the Place of Christian Wolff in the History of the Social Sciences?

This paper explores the place of Christian Wolff in the history of social science in English. The "Introduction" places Wolff in the context of the pre-history of modern social science. Samples are given of the great range of subjects on which he wrote. The importance of the German context is stressed. The second part is devoted to a sample of what the literature contains by and about Wolff. It emphasizes philosophy and science. Part three is a survey of works in the history of the social sciences that mention Wolff. He has a substantial place in political science and psychology, a much smaller place in economics and history, virtually none in anthropology, geography, and sociology. In the applied social sciences, he is found in the history of education. Possible reasons are given. Part four is devoted to the relationships of philosophy and philosophers in the pre-history of the social sciences. They were important in several different ways because they both shaped and reflected how many people thought about science and social problems. The Summary and Conclusion describes the present status. His contributions are summarized. He was a pivotal figure in the making of the German conception of social science. This is a preliminary study emphasizing the issues and problems that a more detailed examination would require. Several conventional judgments are challenged and possibilities for further research suggested.     

‘Yong lads of very good capacitie.’ Christopher and Cosmus,Anglo-Japanese pioneers

Abstract

On 12 November 1588 two young Japanese men, known to posterity only by their English names Christopher and Cosmus, arrived in London with Thomas Cavendish, who had just completed the third known circumnavigation of the globe. Sources described them as intelligent and literate in Japanese, but also able to speak English, and hence they were consulted and celebrated by English scholars and courtiers; possibly also by Queen Elizabeth I. Three years later they attempted to sail with Thomas Cavendish for Japan via South America, but the English fleet failed to make it through the Strait of Magellan. Christopher and Cosmus almost definitely died on the voyage, along with most of their colleagues, although exactly where and when is not clear. This article attempts a research-based reconstruction of their lives and posits answers to outstanding questions, where did they come from in Japan, why were they on the Spanish galleon sailing to North America, and what was their legacy? It also looks at the aftermath, and later Anglo-Japanese relations.     

检察机关非法证据排除工作机制的若干思考

目前学界对非法证据规则的研究兴趣多集中在其产生背景、价值、发展、构建等方面，鲜有对非法证据排除规则运用中检察监督问题加以研究探讨。本文从中国的宪政状况和实际国情出发，提出并论证建构一种“以检察机关排除为主、以审判机关排除为辅”程序，即主张确立检察机关在非法证据排除规则运用中的主要主体地位，并辅以相关的配套工作机制与措施，从而为确立中国特色的非法证据排除规则提供有力支撑。