案外第三人申请再审问题研究

修订后的《民事诉讼法》第二百零四条和最高法院2008年11月通过的《关于适用（中华人民共和国民事诉讼法）审判监督程序若干问题的解释》（以下简称《解释》）第五条、第四十二条确立了独具中国特色的案外人申请再审制度。但是,现行司法解释的规定过于模糊,关于此制度的设计存在诸多缺陷,在民事诉讼法修订时需要进一步立法规范。     

Radiographic evaluation of third molar development in relation to chronological age among Turkish children and youth

A sharp increase in forensic age estimation of living persons has been observed in recent years. However, ethnic populations residing in different countries have been insufficiently analyzed. According to 2004 data compiled by the Essen-based Turkey Research Center, there are 3.8 million Turkish people living abroad, and 3.2 million of them reside in European Union countries. Despite the high number of Turks living abroad, little is known about third-molar development for forensic application in this population. Hence, it was considered worthwhile to determine the developmental stages of the third molar in a group of Turkish population, to assess chronological age estimation based on the developmental stages, and to compare third molar development according to sex, age and location. Orthopantomograms of 1134 Turkish patients, ages 4-20 years were examined and third-molar developmental stages were evaluated based on Demirjian's classifications. Orthopantomograms were scored by two different observers, and Wilcoxon matched-pairs signed-ranks test used to test intra- and inter-observer reliability revealed a strong agreement between both intra- and inter-observer measurements. Linear regression analysis was performed to correlate third-molar development and chronological age, and further statistical analysis was performed to determine the relation between sex, age and location. Results showed a strong linear correlation between age and molar development (males: r(2)=0.57; females: r(2)=0.56). Mineralizations of left and right third molars were compared using Wilcoxon tests, and no statistical differences were found. No significant differences were found in third-molar development between males and females. Mandibular third molar crypt formation was observed in 2.4% of patients at age seven and maxillary third molar crypt formation was observed in 1.3% of patients at age seven. A strong correlation was found between third-molar development and chronological age. Among the Turkish population, third molar crypt formation is observable at as early as 7 years in both the mandible and maxilla. Agenesis can be determined conclusively if no radiolucent bud is present by age 14.     

论“平安世博”视域下治安复杂地区长效管控机制建设

加强对治安复杂地区的管控是世博安保工作"从严从紧,以面保点"总体思路和原则的重要内容。公安机关要以世博安保工作为契机,建立与完善治安复杂地区长效管控机制,维护好社会稳定。     

评瑞士商事仲裁协议效力扩张之实践——兼论对我国的启发

由于商事交往的发展以及仲裁本身的独特优点,很多国家和国际组织都支持仲裁更多、更广泛地应用。但是由于国际及国内商事交易中,主体、客体以及法律关系的复杂性,法院和仲裁机构都面临着更多的实际问题,特别是关于仲裁协议效力扩张的问题。瑞士对于此问题已经有了丰富的理论和实践。我国可以借鉴瑞士的经验,循序渐进地在立法上引入仲裁第三人制度,并且通过司法实践加以完善,以满足我国市场经济发展的需要。     

“发现汉语”及其“天下精神”

19世纪末期,以西方国家为中心和参照的现代化进程的铺展和中国国家制度的疾速衰竭,使汉语在世界语言的中心地位也发生了颠覆式的位移,逐渐滑落到边缘地位,"汉字文化圈"也呈现出破裂的态势。21世纪,中国在政治、经济、文化各方面的现代化实践及其重大转型,为汉语的复兴和精神重建提供了一种可能性。在这种全新的时代语境和历史背景下,将重新"发现汉语"及其"天下精神"作为一种新的文化命题,这意味着以西方文化为轴心的单向度的世界文化秩序,面临着巨大的危机。以汉语复兴为切入点,中国文化将成为解构文化帝国主义的重要力量,并提供了一种可能性。同时,在重新"发现汉语"的过程中,我们应该在吸收其他语言文化资源的同时,坚持汉语及其文化形态的输出立场,摒弃中西文化之间的二元对立思维模态,建构一种语言的"天下精神",从而使汉语在文化全球化中发出中国的声音。     

Environmental effects of GATT/WTO membership: an empirical evaluation

ABSTRACT

One of the great questions for scholars of international relations and economics concerns the relationship between the World Trade Organization (WTO) and the natural environment. Does membership in the multilateral trade regime constrain environmental regulation and increase the environmental burden of national economies? Do countries pay a heavy environmental price for trade liberalization? Although this question has been debated extensively, there is little statistical evidence to contribute the debate. We provide a comprehensive statistical analysis of the environmental effects of joining the multilateral trade regime. We collected data on a variety of environmental policies, institutions, and outcomes that should be influenced by the General Agreementon Tariffs and Trade (GATT)/WTO membership if the predictions of environmental pessimists or optimists are valid. A wide range of statistical models designed to identify the causal effect of the GATT/WTO on the environmental indicators shows that joining the GATT/WTO does not have negative effects on environmental quality.     

The Political Economy of Developing Country Antidumping Investigations against China

This article draws on industry-level data to analyze the political economy of the use of the antidumping statute by 10 less developed countries (LDCs) against China. Test results suggest that Chinese import competition is an important factor explaining the pattern of LDC antidumping initiation against China. Macroeconomic factors such as gross domestic product growth rate also play some role in influencing the pattern of LDC antidumping determination against China. Importantly, statistical analyses did not yield any evidence suggesting that China's membership in the World Trade Organization has disciplined developing countries' use of the antidumping policy. The paper conjectures that China's Most-Favored-Nation status under the World Trade Organization, the designation of China as a nonmarket economy in antidumping investigations until 2016, and the retaliatory incentives generated by the growing deflection of Chinese exports to developing country markets may have overwhelmed the institutional effect of the trade organization in shaping the pattern of LDC antidumping decision making toward China.     

Reliability and validity of cross-national homicide data: a comparison of UN and WHO data

Data reliability and validity are methodological concerns in cross-national analyses of crime, but there is little agreement on which source of data provides the most reliable estimates. Moreover, few studies have examined the potential threat to validity posed by unclassified deaths. The current study aims to (1) assess the reliability of cross-national homicide data from the United Nations (UN) and the World Health Organization (WHO); and (2) investigate the impact of unclassified deaths on the validity of WHO data. Findings indicate that UN and WHO homicide rates (n=56) differ in magnitude, but produce similar outcomes. The UN data produce more robust results and statistical models with less error. The WHO data are more stable and reliable over time, and better suited for longitudinal analyses. Analyses drawing on WHO data should not disregard unclassified deaths because their inclusion provides a more accurate estimate of the true number of homicides.     

Developing Bureaucracies for Environmental Governance: State Authority and World Bank Conditionality in Laos

This paper considers the on-going production of bureaucracies for environmental governance in developing countries and the ways in which donor engagement is reshaped through localised bureaucratic dynamics. In Laos, World Bank conditions associated with the Nam Theun 2 hydropower project saw the establishment of the Watershed Management and Protection Authority (WMPA). I examine internal dynamics at the WMPA headquarters in Nakai District, including formal institutions for forest management, informal institutions for recognising local authority and wealth redistribution and the personal aspirations of WMPA officials. In doing so, this piece contributes to current discussions about donor-driven institutional change, practices of state-making and the local “technocrats” who are personally confronted by the complex intersections of donor conditionality and state authority.     

Informed powerlessness: child marriage interventions and Third World girlhood discourses

Child marriage has gained increased international prominence over the past decades. Organisations working with the issue have promoted empowering girls as the best strategy to address it. Informed by postcolonial feminist theory, this article will locate these discourses in broader ‘turn to the girl’ and ‘turn to agency’ in international development, analysing how Third World girlhood, agency, resistance and voice are conceptualised. Girls are constructed as threatened by their families and communities, with agency exercised through resistance and materialised by their voice. I argue that this ignores the complexity of decision-making processes and broader structural factors related to child marriage, so that interventions providing ‘empowerment-as-information’ for girls to be agents of change instead leave them in a state of informed powerlessness.