中国司法调解制度的历史传承与文化底蕴

中国的法院有以调解方式处理民事纠纷的传统,被西方国家称为“东方经验”。但中国的司法调解并非一成不变,在历史发展中可以划分为三个阶段：中国古代的司法调解,20世纪40年代以后大陆地区的司法调解,以及2004年以後以“调解优先、调判结合”为特点的司法调解。不同时期的司法调解,有不同的特点和文化底蕴。随着中国社会的发展和司法政策的演进,法院调解的某些做法也有必要从多角度进行检讨。     

Ex Turpi Causa: Reformation not Revolution

Seldom has an area of law been so afflicted with uncertainties and contradictions as the illegality defence and rarely have judicial opinions been so sharply divided as in the Supreme Court decision in Patel v Mirza where nine Justices examined the issue of the correct approach to the illegality defence. Six of them endorsed the ‘range of factors’ approach, whereas three condemned it. This paper defends the majority's approach against the minority's criticisms but argues that refinements should be made to it in order to address the uncertainty that may arise from its application.     

美国在战后东南亚非殖民化过程中的政策

非殖民化是战后美国对东南亚政策中无法回避的问题。二战期间,美国试图为东南亚殖民地区设计非殖民化的道路。然而,战后复杂的国际政治现实使美国在非殖民化问题上趋于保守,基于全球战略及其建立世界经济体系目标的考虑,美国在东南亚非殖民化过程中的政策变得灵活而现实。战后美国决策层未能真正理解东南亚殖民地民族自决以及更深层次的非殖民化的历史动力,其现实主义政策直接影响到了后殖民时代美国与东南亚的关系。     

Women in the Czech Republic: Feminism, Czech Style

Many years after the Velvet Revolution, feminism remains close to a dirty word in the Czech Republic, even among women who share the views of Western feminists. Surprisingly, this may in part hark back to the negative views of bourgeois feminism propounded by the Communists. Equally surprising is the very high proportion of women who are employed, almost all of them full-time, although they continue to do the lion's share of homemaking. This strategy enables Czech women to have a high sense of personal efficacy and independence. This paper emphasizes the historical roots of women's position in Czech society, and the importance of the cultural and social context for the emergence of what we term Feminism, Czech Style.     

The Social Construction of Illegality and Criminality

In this article illegal immigrants, a relatively new group of immigrants living at the margins of society, are discussed. The question of the significance of crime for groups that are officially excluded from the formal labour market and public provisions, is presented within the framework of the Unknown City research project, conducted in the four largest Dutch cities (interviews with illegal immigrants; an ethnographic study to determine the extent of support by various ethnic communities; and an examination of the ways in which the restrictive policies towards illegal immigrants were implemented by the police, the Aliens Departments, and by professionals within public or semi-public institutions in the fields of education, healthcare and housing). Both the relatively limited involvement in crime in general and the differences between groups can be explained by the embeddedness of illegal immigrants in the labour sphere and the support by ethnic communities. Attention is paid to the social and legal construction of the illegal immigrant through new legislation and to the observation that illegality is increasingly linked to crime. The majority of illegal immigrants are not criminally active. One exception is the category that is active in the lower levels of the hard drug trade. The authors' analysis suggests that the perception of the criminal illegal immigrant first and foremost reflects the division between wanted and unwanted immigrants, which is the result of the shift towards a restrictive policy.     

Two Diasporas: Overseas Chinese and Non-resident Indians in Their Homelands’ Political Economy

This paper, through a comparative study of the roles Chinese and Indian diasporas in the United States play in the political economy of their respective homelands, explores the relationship between the diaspora and homeland development and how this dynamic relationship contributes to economic growth and foreign relations of the homelands. The author argues that the roles of Indian and Chinese diasporas in their respective homelands’ development consistently reflect, and are heavily influenced by, their homelands’ economic development strategies as well as political history and culture. The author also argues that the impact of the diaspora on the foreign relations of their homelands is conditional upon the state of bilateral relations between their homeland and the country of residence. This study raises issues for future research, such as the relationship between the diaspora and regime type of the homeland. The author concludes by suggesting that since activities of overseas Chinese and non-resident Indians provide a unique perspective in the comparative study of Chinese and Indian political economy, the two diasporas warrant more scholarly and policy attention. Zhiqun Zhu, Ph.D. is currently Assistant Professor and Chair of International Political Economy and Diplomacy at the University of Bridgeport, Connecticut. He is the author of US-China Relations in the 21 ^st Century: Power Transition and Peace (Routledge, 2006). His research and teaching interests include international political economy, East Asian politics, and US-China relations. He wishes to thank panelists at the 102^nd annual conference of the American Political Science Association in Philadelphia for their helpful comments. He also wants to acknowledge Dr. Dave Benjamin’s useful suggestions and editorial assistance.     

The Technology Trap and the Role of Political and Cultural Variables: A Critical Analysis of the E‐Government Policies

More than a decade after the first introduction of the e‐government policies, early enthusiasms on its immediate benefits on the quality of democracy have undergone critical review. E‐government implementation worldwide has proved that technology alone does not necessarily provide more access and more participation. Massive technological intervention is not enough for reinventing government online. Hence, other variables should be taken into consideration. Factors concerning political culture, cognitive frames and mentality, administrative traditions, as well as the country‐specific peculiarities play a relevant role in determining if and how e‐gov initiatives can succeed or fail. In this article, it will be argued that any opportunity and push for change and actual influence on administrations, governments, and societies, prompted by the new technologies, should endure important variables of political, social, and cultural nature. The political and socio‐cultural variables then overcome the technological one and we can state that politics (still) determines (e‐)policy.     

The Fiji Election of 2014: Rights,Representation and Legitimacy in Fiji Politics

Abstract

Fiji’s 2014 election was its first in eight years, first under the 2013 constitution, and first using a common roll of electors with proportional representation. In the new parliament of 50 seats, the coup leader of 2006, Frank Bainimarama, emerged triumphant. His FijiFirst Party won 32 seats, with the Social Democratic Liberal Party, a successor party to earlier indigenous Fijian parties, winning 15 and the National Federation Party three. The election of the new parliament marked the end of Fiji’s longest period under a military government since independence. How should the significance of these elections be judged in the context of Fiji’s history? Do they represent the breakthrough to democratic stability that so many Fiji citizens have wanted for so long? Or are they just another phase of Fiji’s turbulent politics, a democratic pause before another lurch into authoritarian government?     

Contextualising emergency responses to famine among Turkana pastoralists in Kenya

The pastoralism of the Turkana has persisted in the challenging environment of northwestern Kenya for some 200 years. Yet many pastoralists find that they increasingly rely on food relief during droughts and famines. This article contextualises emergency responses to famine among Turkana pastoralists by considering their encounters with colonialism, development, and humanitarian interventions. It uses key informant interviews, participant observation, and content analysis, to analyse the benefits and challenges of a small-scale food relief programme. The article argues that such programmes can weaken the viability of pastoralism, and concludes with considerations for future policy and programming.     

Challenges and dilemmas of international development volunteering: a case study from Vanuatu

This article looks at the key challenges and dilemmas of international development volunteering (IDV) as experienced within a community project in Vanuatu. By focusing on the nature and significance of IDV engagements at the local community level, it offers critical insights into roles and relationships among international development volunteers and local host communities, together with the complex global–local interface in which projects are negotiated and constructed. The article concludes by offering some ways in which IDV can be more effective in assisting community projects address the needs of contemporary village life.