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71.
72.
合意管辖既是民事诉讼中当事人的一项程序权利,又是民事诉讼特有的一项制度。合意管辖制度具有着源自程序主体性原则以及处分权主义的法理基础,正因如此,各国都在民事诉讼立法中规定了合意管辖制度。就我国而言,虽然立法中也有关于合意管辖的规定,但其中还存在着合意管辖的案件范围太窄,合意管辖的法院双轨制等不完善之处,亟待通过对民事诉讼法的修订而得到完善。 相似文献
73.
《Journal of contemporary African studies : JCAS》2012,30(1):35-47
This article is about civil society and state-centred struggles in contemporary Zimbabwe. I first identify and outline three current understandings of civil society. Two understandings (one Liberal, one Radical) are state-centric and exist firmly within the logic of state discourses and state politics. A third understanding, also Radical, is society-centric and speaks about politics existing at a distance from the state and possibly beyond the boundaries of civil society. This civil society-state discussion frames the second section of the article, which looks specifically at Zimbabwe. It details civil society as contested terrain (from the late 1990s onwards) within the context of a scholarly debate about agrarian transformation and political change. This debate, which reproduces (in theoretical garb) the key political society (or party) fault-lines within Zimbabwean society, has taken place primarily within the restricted confines of state-centred discourses. 相似文献
74.
《Japan Forum》2012,24(3):365-388
This essay sheds new light on the formation of the Japanese peace settlement of 1951 by tracing the history of the United States Navy’s occupation, development and retention of its major base at Yokosuka. It argues that peace making was a process that proceeded from the individual and local community to the national and international levels. By promoting mutually beneficial civil–naval relations in Yokosuka, base commander Captain ‘Benny’ Decker educated Japanese and American leaders in the desirability of the navy’s retaining a base there – even before the outbreak of war in Korea made its value obvious. Decker helped build consensus within the American government on base retention and demonstrated its practicality to Prime Minister Yoshida Shigeru. Thus diplomats and political leaders came to peace making in 1951 having already voluntarily concluded, on the basis of local conditions no less than large geopolitical circumstances, that continued American naval and military presence, within the framework of a broader security agreement, was the preferred way to preserve Japan’s security. Their decisions a half-century ago laid the foundations for a new maritime security order in the Pacific that continues to this day. 相似文献
75.
《Japan Forum》2012,24(3):311-338
Abstract This article examines the pioneering role of Japanese intellectuals in the contemporary (post-1945) global revival of civil society. Although often overlooked or discounted in recent scholarship, Japanese intellectuals were among the first contemporary theorists worldwide to re-conceptualize civil society as a remedy for two of the central problematics of the post-World War II era: the theoretical and practical crisis in Marxism, on the one hand, and the anomie of advanced capitalist development, on the other hand. The article argues that any comprehensive global history of contemporary civil society must consider the insights of these Japanese thinkers alongside those of their Continental and North American counterparts. More critically, the article also suggests that Japanese civil society thought merits attention because it vividly exposes the dearth of criticality and excess of celebration in the idea's recent resurgence. The result in Japan (and elsewhere) has been an ironic and troubling retreat of criticality coupled with a naïve faith in the therapeutic capacity of civil society. 相似文献
76.
《社会福利与家庭法律杂志》2012,34(1):63-85
Over the last two decades the public sector has embraced new modes of service delivery, with a shift away from traditional face-to-face provision towards Internet and telephone based advice and information. While telephone provision has played an increasingly significant role in overall provision of legal advice in recent years, there has been limited empirical research which compares telephone to face-to-face services. Utilising administrative data from the Legal Services Commission (LSC) on legal aid services for housing problems, this paper explores the similarities and differences between the two delivery modes. We examine the client groups and matter types which tend toward particular channels of advice, the relationship between mode of advice and the outcome of cases for clients and the relationship between mode of advice and advice time. We find that there are significant differences in mode of advice among clients with particular demographic characteristics, with clients under the age of 18 and clients living with an illness or disability more likely to use face-to-face services. Our findings also suggest differences among the types of problems being addressed by telephone based services. On the surface there are small differences between modes of advice and the proportion of cases which lead to a substantive benefit outcome. However, once we disaggregate the data and investigate specific outcomes, there are pronounced differences in the outcomes achieved. Having controlled for key variables such as client demographics, case type and particularly stage reached, we find that telephone advice takes, on average, 14 minutes longer than face-to-face advice (compared to an hour less when examining the raw data). The implications of these findings for the future development of telephone based services in light of current policy in legal services are discussed. 相似文献
77.
《社会福利与家庭法律杂志》2012,34(2):193-204
This paper considers the definitions of spouse, civil partner and partner in European Union (EU) free movement of persons law in order to question the EU's heterocentric approach to defining ‘family’ in this context. It argues that the term ‘spouse’ should include same-sex married partners in order to ensure that there is no discrimination on the grounds of sexual orientation. It further highlights the problems created by basing free movement rights of civil partners on host state recognition of such partnerships. This approach allows Member States to discriminate on the grounds of sexual orientation and is therefore not compatible with EU equality law in others areas. The position of unmarried or unregistered partners is also considered; in particular, the paper examines the requirement of a duly-attested durable relationship and its impact on same-sex partners wishing to move from one Member State to another. The paper argues that it is time to reconsider the law in this area and bring it in line with the EU's commitment to eliminate discrimination on several grounds, including sexual orientation. 相似文献
78.
《社会福利与家庭法律杂志》2012,34(2):127-146
This article examines the impact of prisoners' rights in the UK and the US in relation to the shift in prisoners' status from a state of social and civil death towards a recognition of their citizenship that is grounded in social inclusion. It argues that the concept of citizenship can be reconstructed to include prisoners and that a rights‐based approach is crucial in moving the prisoner from the status of a non‐person, who is socially dead, towards citizenship. Only such a reconstruction will lead to improvements in the treatment of prisoners and to the raising of standards in prison; alternative methods, including new managerialist strategies, have failed to achieve significant improvements. 相似文献
79.
《社会福利与家庭法律杂志》2012,34(3):357-362
The Court of Appeal judgment in Lawrence v Gallagher is the first consideration of financial orders on the breakdown of a civil partnership. The case suggests that there is no difference between marriage and civil partnership in this respect, both as to the exercise of the judicial discretion and as to the willingness of the Court of Appeal to interfere with that discretion. 相似文献
80.
周喆 《贵州警官职业学院学报》2012,24(4):100-103
2007年民事诉讼法修订以来,关于再审程序划分的“三阶构说”日渐占据民事诉讼学界的主导地位.应从“三阶构说”的理论基础出发,结合现有法律规定,深入研究并完善民事申请再审案件受理程序具体内容,并针对其中若干疑难问题展开讨论,提出进一步完善申请再审案件受理程序的理论方向和具体构想,力求建立起更加完善、更具有操作性的民事申请再审案件受理程序. 相似文献