论诉讼的负效益

衡量一个社会法治水平的尺度不是诉讼率的高低 ,而是诉讼对纠纷解决的能力。我们在充分正视诉讼对于法治意义的同时 ,心须清醒地看到诉讼对社会的可能的负面影响。诉讼本身的特性以及不适度的诉讼率都会产生诉讼负效益 ,因此 ,当代中国应对诉讼的功能持理性的态度 ,采取适当的措施 ,使诉讼保持适度的发展比率。     

The ‘Hybrid Order’: origins and usage

The hospital direction (Hybrid Order) was inserted into the Mental Health Act (MHA) in 1997 (Crime (Sentences) Act, 1997). It enables higher courts to direct hospital admission for offenders, whilst still imposing a prison sentence. The origins of the ‘Hybrid Order’ and its patterns of usage are examined. Comparisons are made with its Scottish equivalent, Section 59A of the Criminal Procedure (Scotland) Act 1995. Both the ‘Hybrid Order’ and Section 59A have been used infrequently. This may reflect the fact that they were strongly resisted on ethical grounds at their point of inception and that they force the psychiatrist into the position of ‘punisher’, rather than ‘treater’. Since the 2007 Amendment of the MHA in England and Wales which expanded the remit of the ‘Hybrid Order’ to include all legal categories of mental disorder, not solely psychopathy, its use has unsurprisingly increased – this article delineates the considerations that need to be given in its recommendation.     

Introduction: Understanding Thailand’s Politics

ABSTRACT

Thailand’s politics from the mid-2000s has seen considerable conflict and contestation, with seven prime ministers, two military coups, and scores of deaths from political violence. This article, as well as introducing the eight articles in the Special Issue, examines various aspects of this tumultuous period and the authoritarian turn in Thai politics. It does this by examining some of the theoretical and conceptual analysis of Thailand's politics and critiquing the basic assumptions underlying the modernisation and hybrid regimes perspectives that have tended to dominate debates on democratisation. While the concepts of bureaucratic polity and network monarchy shed light on important political actors in Thailand, they have not grappled with the persistence of authoritarianism. In theoretical terms, the article suggests that it is necessary to understand historically specific capitalist development as well as the social underpinnings that establish authoritarian trajectories and reinforce the tenacity of authoritarianism.     

The Impact of Peace Journalism Training on Journalists’ Reportage of the 2015 Elections in Nigeria: An Action Research Case Study

During the run-up to the 2015 general elections in nigeria, there was widespread trepidation within and outside the nation that the increasing cases of electoral violence and political intimidation ravaging the country would snowball into full-blown violence, and possibly plunge it into civil war. this fear was largely instigated by the 2011 election, which was marred by pre- and post-election violence. Human rights Watch (2011) estimated that the violence led to over 800 deaths in three days of rioting which engulfed parts of northern nigeria. since the First republic elections in the early 1960s, the nigerian media have been very involved in the political process. the diverse nature of the media makes its ideological inclination easy to decipher, because of reportage that is often tilted along ethnic and religious lines. using data obtained through participatory action research involving 40 purposively selected participant journalists, this article proposes an alternative method of news reportage using the peace-journalism model. developed by lynch and mcGoldrick (2005), the model encourages journalists to report social issues in ways that create opportunities for society to consider and value non-violent responses to conflict, using insights from conflict analysis and transformation to update concepts of balance, fairness and accuracy in reporting. it also provides a new route map which traces the connections between journalists, their sources, the stories they cover and the consequences of their reportage.     

Introduction to the special issue “From bullets to ballots: the transformation of rebel groups into political parties”

ABSTRACT

In this special issue of Democratization, seven articles are presented that address the question of the transformation of armed rebel groups into political parties and what implications this transformation has on the development of post-conflict peace and democratization. The articles cover a wide variety of geographic cases, and use both quantitative and qualitative methods of inquiry.     

Does political inclusion of rebel parties promote peace after civil conflict?

ABSTRACT

Does the inclusion of rebel parties into the post-conflict political process help contribute to peace after the end of conflict? In this article we examine whether the transformation of rebel groups into political parties actually leads to the development of a durable peace after a civil war. Examining the likelihood of recurrence of civil wars in a country and recurrence of conflict in government–rebel group dyads after a settlement, we find that the inclusion and participation of former rebel parties in national government has an important impact on the likelihood of a durable post-settlement peace. Most importantly, not excluding major rebel parties from access to governing institutions is the most important factor in promoting post-conflict peace.     

Learning to Mediate? The Mediation Support Unit and the Production of Expertise by the UN

The UN Mediation Support Unit (MSU) was created to support peace processes and enable organizational learning. This article analyses the unit through a sociological lens with the aim to understand its present configuration, and what this reveals about the production of knowledge about mediation at the UN. It argues that, because of the constraints imposed by intrastate wars and the existing institutional setting within the Secretariat, the MSU emphasizes generic and depoliticized expertise, by contrast with mediation's traditional reliance on non-transferable skills. This approach, in spite of its pitfalls, enables the unit to justify its own existence and to claim a position of authority within the organization and beyond.     

Greening the security council: climate change as an emerging “threat to international peace and security”

Climate change is a security problem that requires global solutions. Despite some important recent advances, current international responses to climate change are inadequate. This paper assesses whether the United Nations Security Council possesses sufficient legal authority to compel states to address the causes and consequences of climate change. While not advocating the immediate adoption of coercive measures, this paper initiates discussion of this issue, with the goal of developing an institutional framework within which to respond to this emerging threat, if necessary. The paper begins with a brief overview of the clear links between climate change and security, and the inadequacy to date of international remedial efforts. This is followed by a detailed analysis of Security Council legal authority, in particular the UN Charter, including a discussion of its evolving invocation in the context of non-traditional threats. Applying this legal framework to the specific issue of climate change demonstrates the substantial authority of the Security Council to take binding decisions relating to this subject, and its wide range of available enforcement measures, recognizing that political will to exercise and support this authority is required for any successful Security Council efforts to address climate change. The paper concludes that the Security Council has the legal authority to address the causes and consequences of climate change, and that its recent counter-terrorism and non-proliferation measures provide an illustrative institutional framework within which to address this emerging ‘threat to international peace and security’.

日本量化质化宽松货币政策效果及原因分析

面对日本长期通货紧缩与经济增长乏力,日本央行开启量化质化宽松货币政策:日本央行持续大肆增加基础货币的投放,大胆采取负利率政策,实施收益率曲线控制,引导社会公众预期。政策实施以来,通胀目标时限一再推迟,政策虽在短期内改善了经济形势,但又受到全球金融市场及外国政策的干扰。究其原因,货币政策传导机制不畅、企业部门缺乏稳定预期、少子老龄化及财政货币政策相互掣肘等因素均影响了货币政策的经济效果。     

Hybrid processes within parenting plan assessments: Rationale and an illustrative model

Parenting plan Assessments, also known as child custody evaluations, are forensic psychological investigations into the needs of children, the parenting capacities of their caregivers, and the resulting fit between the children's needs and caregiver capacities. Typically, they result in recommendations that are, in the opinion of the assessor, formulated to meet the best interests of children regarding a parenting plan, child sharing, parental responsibilities and ancillary services that are likely to support the children's optimal functioning as well as the functioning of the now reconfigured family. Such assessments are part of a pathway to untangling conflicts between the parents regarding the most appropriate parenting plan for the reconfigured family. Paradoxically, the assessment process can exacerbate the conflict, entrench parental polarization, and create lingering feelings of helplessness, frustration, and disempowerment in the parents. This article provides a rationale for the use of a hybrid process that incorporates alternative dispute resolution as an integrated part of the parenting plan assessment and provides an illustrative model of such a hybrid process.