论刑事和解的适用范围

刑事和解的价值应从公平正义价值、刑法的人道性、效益价值等角度去分析。为充分实现刑事和解的功能,在当前缺乏统一规范的情况下,应综合考虑现行法律规定、我国国情及操作可行性等因素,通过界定一定标准来确定刑事和解的具体适用范围。     

侦查阶段引入刑事和解与调解机制探析

侦查阶段引入刑事和解与调解机制有利于保护受害人的权益，能够及时有效地化解矛盾与促进和谐。在侦查阶段引入刑事和解与调解机制尚无法律的授权，但各地公安机关早已开始了对刑事和解与调解机制的实践。因此存在适用范围不确定、操作程序不规范、监督机制不完善等问题。为规范侦查阶段刑事和解与调解制度，应科学确定刑事和解与调解的适用范围，合理规范刑事和解的条件与刑事调解的程序，建立健全刑事和解与调解的监督机制。     

论执行和解的法理基础

我国现行执行和解制度的特点是混乱、矛盾以及不合理。执行和解承载的是私权自治的价值理念,呈现的是诉讼外和解的表现形式,透视出的则是民事契约的实质。只有在确认了前述的基础法理之后,执行和解制度的重构才可能步入良性发展的轨道。     

Can spirits play a role in peace and reconciliation projects? Perspectives on traditional reconciliation in Zimbabwe

ABSTRACT

There is a long history of spirit-oriented systems of reconciliation and healing in Zimbabwe. However, under white rule, this work was marginalised and driven underground. In Zimbabwe today, diverse views on reconciliation, reparation, justice and national healing are producing rich but frequently conflicted initiatives around ‘traditional’ and ‘community’ reconciliation. The article considers contradictions and pressures facing the National Peace and Reconciliation Commission and different approaches to ‘spirit-led’ trauma healing work from three grassroots organisations: Heal Zimbabwe; Tree of Life; and the Centre for Conflict Management and Transformation. It indicates how religious, cultural and political affiliations influence participants’ openness to traditional and spirit-led forms of reconciliation; and how this, in turn, constrains how perpetrators, victims and reparation are defined by those working in this field. Rather than identifying specific practices as ‘authentic’ traditions, the article suggests that a continuity of community/cultural approaches can inform contemporary national healing initiatives in Zimbabwe.     

Faith in forgiveness? Exploring conversions to Christianity within a former Khmer Rouge community

This article explores stories of former members of the Khmer Rouge who have converted to Christianity. It sheds light on the intersections of patterns of religious change in Cambodia, which implicates peace-building, redress, and development trajectories in the wake of conflict and atrocities. The case raises important questions about why former members of the Khmer Rouge convert to Christianity and the social, political, and ethical implications of their conversions. We explore these questions to show that, while transitions and attendant redress efforts in Cambodia have been principally explained at the level of the state, we should pay closer attention to the granular experiences of former Khmer Rouge members as they navigate Cambodia’s changing post-conflict terrain, and the social and cultural sites through which they have made their experiences of the past meaningful.     

A comparative study on legal frameworks of work and family reconciliation in Mozambique and Tanzania

ABSTRACT

This paper analyses legal frameworks designed to reconcile work and family responsibilities in Mozambique and Tanzania from the perspective of ILO standards. Three labour laws are explored, the Mozambique Family Law 2004, the Mozambique Labour Law 2007, and the Tanzania Employment and Labour Relations Act 2004. ILO standards have encouraged both countries to become better equipped for working families to reconcile their work and family responsibilities. Their legal frameworks, however, remain below ILO standards, especially in parental leave and childcare services. The paper finds the root cause of such low compliance from a number of historical junctures, including a historical hangover from colonial regimes, social development policies and structural adjustment policies. The paper suggests a stronger commitment by the Mozambique and Tanzania governments’ and active involvement of civil societies to reshape the patriarchal political economy and promote gender equality in both public and private spheres.     

论公诉案件被害人刑事和解权的法律保障

刑事和解发端于20世纪中叶,是西方国家刑事政策和法律价值观变化的产物。随着我国轻微犯罪所占比例的逐年上升,当事人双方有和解意愿的越来越多,建立刑事和解制度是司法实践的需要。平衡理论、叙说理论和恢复正义理论是西方学界对刑事和解理论基础的解说。在我国创建和谐社会的背景下,对刑事实体法与程序法理论的友思使被害人的刑事和解权寻找到了自身存在的合理根据。被害人刑事和解的需求最终要通过立法给予其制度上的保障,为此要合理确定我国刑事和解的案件范围并建立被害人帮助制度。     

Unattainable past,unsatisfying present – Yugonostalgia: an omen of a better future?

Nostalgia for the Socialist Federal Republic of Yugoslavia, yugonostalgia, has become widespread throughout the former Yugoslavia. It takes various forms and expressions, but it represents a selective and largely embellished remembrance, influenced by the need of those who engage in it to escape from the unsatisfying present they live in. In most cases, yugonostalgia is a bittersweet craving for the past – passive, static, and restricted. The paper argues that the actions inspired by yugonostalgia not only can have an active, dynamic, and progressive face, but can also serve as an important factor in the reconciliation process among former Yugoslavs. With its focus on positive and inclusive aspects of the common socialist past, yugonostalgia has the potential to (re)connect the nostalgic subjects throughout the former Yugoslav space, helping them to overcome the alienation that resulted from the violent dissolution of the common state.     

公务员行政责任的实现路径分析

公务员在做出具体行政行为时往往会面临着多重困境,这些困境主要来自于权力、角色与利益方面的冲突。当公务员无法正确解决这些冲突或没有能力解决这些冲突时,就容易出现行政行为失范现象。本文在分析我国公务员责任冲突产生原因的基础上,提出了责任的实现路径：制定公务员伦理法规;培育公务员的伦理自主性;完善公务员绩效考评系统,充分发挥社会监督的作用。     

刑事和解：恢复性司法的本土化构建

近来恢复性司法被学界广泛讨论,有学者提议将恢复性司法引入到我国刑事审判中,以期对传统刑事司法进行改革。恢复性司法与刑事和解在价值目标以及出现的社会背景是一致的,刑事和解也应该是实现恢复性司法一种主要途径,确切地说是刑事量刑向度上的恢复性司法。