以国家审计为视野重构监所检察监督模式

监所检察权是检察机关的一项重要权能,目前主要通过在监管场所设置派驻检察室的模式来行使检察监督权。长期以来。这种设置派驻检察室的监督模式存在很多问题,其中派驻检察人员与监管场所“同化”的问题最为突出,导致监督效果不佳。需要借鉴国家审计监督模式的经验,改目前派驻检察为主的监督模式向派驻检察与巡回检察并重的过渡模式,并最终实现巡回检察为主的监督模式。     

中国经济学范式的反思与创新

中国传统经济学的"生产关系范式",不以生产方式为主要研究对象,脱离客观实际,陷入主观主义、形而上学和法学幻想;新时期的"生产关系+资源配置范式"存在严重的逻辑混乱和内在矛盾;现代中国经济学的"生产方式范式",应研究社会主义初级阶段生产方式以及与之相适应的生产关系和上层建筑的基本特征,以马克思主义经济学的科学世界观、方法论与基本原理为指导,吸收、借鉴西方经济学积极成果,坚持从实际出发,以中国问题为导向,形成中国风格和中国特色。     

论医患冲突中的权利限制

医患冲突的频繁发生有多种原因,但医患权利内容的混乱、错位以及模糊不清所导致医患权利配置的不平衡、不协调是很大的因素,使得医患双方在权利行使过程中无所适从,从而导致冲突的一再发生。有效地规范医患双方权利,特别是对权利的有效限制,是解决医患冲突的重要手段。     

Climate resilience in fragile and conflict-affected societies: concepts and approaches

To understand resilience to climate and environmental changes in fragile and conflict-affected societies is particularly important but equally challenging. In this paper, we first develop a conceptual framework to explore the climate-fragility-conflict and climate-resilience-peace nexus. Second, we discuss approaches to promote pathways from climatic changes to peace. We draw on the relevant literature and International Alert's experience in fragile and conflict-affected societies to stress the key role of resilience. To build resilience, climate, development, peacebuilding, and government actors would have to overcome bureaucratic and institutional barriers and cooperate across thematic and regional silos.     

Beyond Dyads: Regional Democratic Strength’s Influence on Dyadic Conflict

Over the history of modern international relations research, we have moved from systemic and regional studies to empirical explorations of dyadic interactions. However, our statistical models have put the details of dyadic interactions under a microscope at the expense of ignoring the relevant regional context that these dyads interact in. This development has been in part due to computational limitations, but do we really believe that decision makers interact with one another while ignoring the regional power balance and the wishes of regional powers? In this article, I take a look at the well-researched relationship between democracy and peace by using a multilevel approach to dyadic interactions and the regions they are embedded in. The findings suggest that when the regional power balance favors democracies, it influences conflict between dyads, especially mixed dyads, by increasing the costs of aggression by autocracies and establishing regional norms of cooperation and compromise.     

Trade Interdependence and the Use of Force: Do Issues Matter?

In this project, we investigate the relationship between the use of military force and trade interdependence, suggesting that the influence of trade on militarized conflict varies based on the issue under dispute. For some issues, trade is likely to attenuate the chances that states escalate a dispute to the use of military force, while for others trade can intensify disputes so that military conflict is more likely. Specifically, we hypothesize that greater trade interdependence decreases the probability of military conflict over realpolitik issues like territory. On the other hand, greater trade interdependence increases the probability that states use military force when the issue under dispute concerns the regime, policies, and conditions in the target. To test our hypotheses, we employ new data on dyadic uses of force from the International Military Intervention data set that records the initiator’s reason(s) for using force against the target. The statistical tests support our hypotheses; trade decreases the use of force against a target for territorial and military/diplomatic reasons, which is consistent with arguments from the liberal paradigm. However, trade interdependence increases the use of force for humanitarian and economic reasons as well as to affect the regime or policy of the target. Thus, our study improves upon current research about the relationship between economic interdependence and foreign policy by specifying a conditional relationship based on the issues under contention.     

Catching Them Before Too Much Damage is Done: Early Intervention with Resistance‐Refusal Dynamics

Children often need help before their parents are ready to stop fighting. Children at the center of high‐conflict disputes, particularly those who resist contact with a parent, face extraordinary risks of maladjustment. Years of investigation and litigation may precede any meaningful attempt at intervention, based on the questionable belief that all elements of causality (or blame) must be established before any effective treatment can occur. Children's functioning may continue to deteriorate during this time, undermining their future adjustment and reducing the chance of successful intervention later. We illustrate the application of the coping‐focused, multisystemic Child Centered Conjoint Therapy model to assisting these families. Methods to assist children without compromising external investigations are discussed.     

High‐Conflict Divorce: A form of Child Neglect

In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emotionally and financially. Although the best interests of the children are always in the judicial purview, the repeated, lengthy, and hostile litigation process often associated with high‐conflict dissolution has lasting effects on the physical and mental health of children, similar to those associated with physical abuse and neglect. Child Protective Services (CPS) must step in and protect the emotional well‐being of children during high‐conflict divorce cases.     

A Randomized Comparative Effectiveness Trial of Two Court‐Connected Programs for High‐Conflict Families

Parents who experience great amounts of legal conflict as they dissolve their relationship and arrive at their parenting arrangements require an outsize proportion of courts’ time and resources. Additionally, there is overwhelming evidence that conflict has a deleterious effect on their children. We partnered with the family court to conduct a study comparing the effectiveness of two programs for families deemed by their judge to be high conflict and thereby mandated to a program. Both involved one 3‐hour session; the existing program, Parent Conflict Resolution (PCR), used exhortational lecture and video; the newly designed experimental program, Family Transitions Guide (FTG), based on motivational interviewing, employed exercises attempting to get parents to decide for themselves what they needed to do for the sake of their children. Parents were assigned at random to one of the two programs (the literature often terms this a randomized clinical trial) and were interviewed just before it began and 9 months later, as was a child. Results showed that child's report of their own well‐being was significantly improved by FTG as compared to PCR and that these effects were mediated by children feeling less caught in the middle. On several variables, parent report showed that parents in PCR as compared to FTG felt decreased problems in co‐parenting and less interparental conflict, although the effects were not consistent across mother and father report. There was also evidence of diminished legal conflict over 9 months in FTG as compared to PCR.     

Bush/revolution: theses on the challenges that gatherers and hunters pose to dominant structures

Abstract

This article argues that bush people deserve greater attention in revolutionary thought and action, both for the strategic value of their struggles against extraction at capital’s periphery and the emancipatory social values they continue to embody. But bush struggles cannot be borrowed for other purposes: the agenda of bush people for respect and cultural survival must respected in its own right.