法治进程中民间组织的公民性塑造功能及其实现

中国正处于社会结构转型期,产生了民间治理空间和公民性诉求。而民间组织作为国家与社会之间的中介力量和平台,承担着公民性塑造的重要功能和责任,也即推进"公民性"社会资本的形成、培养公民的民主生活技能、增进公民的公共精神、培育公民的理性自律品格。然而,由于多种因素的影响,我国的民间组织发展还存在一定的困境和问题,制约了其功能的发挥,因此,需要大力加强民间组织建设,发挥其公民性塑造功能,从而推进民主法治进程。     

论定罪量刑的社会学模式

现行刑事立法赋予法官享有一定的定罪量刑自由裁量权,该自由裁量权受诸多案件社会结构因素影响,案件社会结构因素影响定罪量刑的过程及其表现出的样式就是定罪量刑社会学模式。定罪量刑的社会学模式以案件社会学理论为参照,并基本被实证研究所证实。由于同性质的具体案件的社会结构不同或同一案件在不同诉讼阶段的社会结构不同,法官受其影响程度也不同,定罪量刑不公正现象由此而生。实现公正定罪量刑的关键在于避免定罪量刑社会学模式发生作用。     

论国际人权立法的中国化——以民主权为中心

如何建立足以对接、通融国际人权理念的国内人权立法的整合机制,是国际人权立法中国化必须首先解决的问题。民主权是一种新兴的人权。民主权立法"中国化"面临着理念整合、合法性、有效性等困境,其具体克服路径即在于:通过直接进行普适性与特殊性的价值调适以实现理念整合,建构具备与公众参与及自治相关的正当程序内涵的立法制度,藉此导出各公共领域内民主权的具体内容并确立其实现与救济的相关法律制度。     

Sexual Dimorphism of Maxillary Sinus Dimensions Using Cone‐Beam Computed Tomography

Sex determination of unknown persons plays an important role in forensic medicine. Cone‐beam computed tomography (CBCT) is an excellent imaging modality for accurate measurement of maxillary sinus dimensions. This study aimed to evaluate whether maxillary sinus measurements on CBCT scans can be applied for sex determination. The width, length, and height of maxillary sinuses in CBCT images of 100 patients (50 males and 50 females) were measured. Student's t‐test and discriminant function analysis were used to compare differences in the measured parameters between males and females. The correct predictive accuracy rate of sex determination was 78% in females and 74% in males with overall accuracy of 76%. Based on discriminant analysis, the most pronounced variable in differentiation of sex groups was maxillary sinus height. This study suggests that maxillary sinus measurements can be valuable for sex determination in forensic investigation, especially for cases in which other traditional methods are not applicable.     

Bounded Discretion in EU Law: A Limited Judicial Paradigm in a Changing EU

Against the background of the reinforcement of the EU executive pursuant to the post‐2008 economic and financial market regulatory reforms, this article deconstructs the prevailing distinction between an executive body's discretion to make policy choices and its discretion when conducting technical assessments. This distinction, which arises out of the current judicial paradigm for discretion, has contributed to the re‐allocation of executive authority within the EU (sanctioned in UK v Parliament and Council and Gauweiler v Deutscher Bundestag). The article traces the distinction's roots in legal conceptions that have shaped legal‐administrative thinking since the early days of the Etat de Droit or Rechstaat. It proposes a public‐interest‐regarding conception of discretion where, in an institutional context where courts’ reviewing role may be limited, discretion's relationship to law is a matter of how legal norms may operate in the spheres of discretion that they attribute to decision‐makers, rather than how courts may review an exercise of discretion.     

Negotiating Classroom Process: Lessons from Adult Learning

Learning by doing is standard fare in negotiation courses across disciplines, and techniques such as learning contracts, self-reflective essays, and small-group work are commonly used. In addition, teachers must resist the temptation to "teach the canon" without regard to the needs, interests, and concerns of the students in the room. Learner-centered education requires that teachers build from the beliefs and preconceptions that students bring to the classroom, including their cultural beliefs and norms about conflict resolution, some of which may be at odds with the North American canon. A discussion-based approach to teaching not only engages students more actively in the learning process but also models many of the skills negotiation teachers seek to develop in their student-negotiators.     

谈专利法律中专利实施过程的政府管制

政府管制对开展专利实施活动有着直接的重要影响。国外虽有政府管制程度的不同,但都选择了通过立法来进行专利实施的政府管制。我国应借鉴国外专利法律,通过修改、完善专利法律来充分地、科学地发挥专利实施过程中政府公权干预力,依法实施政府管制,为专利实施提供持续的动力和保障。     

Civil society actors in peace negotiations in Central America

Civil society actors are assumed to play an important part in post-conflict peacebuilding; therefore, the international community pushes for civil society participation already during peace negotiations. However, the actual connection between civil society’s participation in those negotiations and its role in implementation processes remains unclear. Taking the Central American peace processes of the late 1980s and early 90s as a case study, this article compares civil society participation in peace negotiations and provisions for civil society involvement for the implementation phase, with the actual role that the civil society played in the implementation processes in Nicaragua, Guatemala and El Salvador. The article questions the importance of including civil society actors in the negotiation process since the level of civil society inclusion in, activism during and influence on the negotiation process in the three cases did not result in a stronger role for civil society organizations in the implementation process. The article concludes with an analysis of how these findings modify the current understanding of the role of civil society in peace processes and proposes a different focus for future research.     

Spatially strong: Dead Sea Works Ltd. and the building up of the southeast of Israel, 1948–1964

This is the story of the formative years of one of Israel’s big corporations – the Dead Sea Works Ltd. (DSW). It concerns the interrelations between space and labor, told through an account of four transitions: (1) The transfer of the company from England to Israel with its establishment in 1952; (2) The move of its central office from Jerusalem to Be’er Sheva; (3) The dismantling of the original workers’ camp near the factory (in Sodom) and the move of the workers’ dwellings to three different towns; and (4) The transfer of representation from Tel Aviv to Be’er Sheva. The case of the DSW, I argue, is a ‘geohistory’ of labor that exemplifies the construction of the northeastern Negev’s social space, especially the making of scale. This ‘scale-making’ was an ongoing process of scaling up (from the local to the regional) and scaling down (from the global to the state level, and from the center to the periphery). Through this process of scale-making, the workers of the DSW gained a great deal of power and became spatially strong.     

“The Movement Moves Against you”: Coercive Spoiler Management in the Northern Ireland Peace Process

More than a decade on, the Northern Ireland peace process can largely be considered a success. Despite the failure of the Provisional Republican Movement to achieve a united Ireland free of British control, the large-scale violence of “The Troubles” has been relegated to the past. Applying the logic of coercive diplomacy, this study examines the role of threats and the use of selective and limited violence by the Provisional Movement to manage real and potential opponents and challengers that have emerged within its own ideological ranks to maintain its position of dominance and prevent a spoiling of the peace process. This study shows that the Provisional Movement retained the capability to employ violence and demonstrated the credibility of coercive threat through a willingness to use force against its opponents on the Republican spectrum, and was able to do so with a high degree of impunity.