我国控辩协商程序的规范进路:以认罪认罚案件为视角

认罪认罚从宽制度确立了具有中国特色的量刑协商模式。协商性司法模式的确立,使刑事诉讼的重心由审判阶段向审查起诉阶段前移,与对抗模式下的庭审实质化相对应,控辩协商实质化亦成为协商性司法模式的基本要求。然而,控辩平等协商作为协商性司法的核心和量刑合意形成的关键环节,却未受到立法、实务层面的应有重视,相应配套之程序性规则体系与保障措施的缺失,使得控辩协商的实施效果不尽如人意,控辩双方诉讼实力不平衡导致控辩协商实质性缺位成为司法实践中的突出问题。程序正义是刑事诉讼的灵魂。为增强控辩合意过程和协商结果的公正性,应探索控辩协商之规范模型,从控辩双方的主体地位、决策能力两个层面考量,探讨建立规范、具体、系统的控辩协商程序之基本方向和完善法律规范层面对控辩协商规制不足的路径。     

Teaching Students to Shape the Game: Negotiation Architecture and the Design of Manageably Dynamic Simulations

Although important work is being done in the emerging field of negotiation architecture and "shaping the game," little of it has found its way into the classroom. Simulation exercises are among the most powerful pedagogical tools available to negotiation educators, but most existing exercises have static architectures in the form of fixed parties, issues, and interests. This article summarizes existing research on negotiation design and proposes a framework for designing "manageably dynamic" exercises that can be used to teach key game-shaping concepts. The framework is illustrated through an in-depth discussion of an exercise based on the negotiations to end the civil war in El Salvador.     

改革土地配置方式,促进承包权有偿转让和规模经营

如何实现农村资源有效配置和规模经营,从根本上破解"三农"难题,加快新农村建设,需要对现行的土地家庭承包制进行再改革。这种改革,是在坚持家庭承包制不变的基础上,建立一种新的、可促使土地相对集中的制度。具体改革路径是,国家通过对承包权转让收入低于经营收入的差额进行补偿,鼓励农民进行大规模的土地承包经营权有偿转让,以实现土地集中和规模经营。     

论建立健全应对危急事件警务危机谈判的机制

警务危机谈判机制是公安机关有效应对社会性危急事件的工作机制，而且它的建立、发展与完善将成为维护区域性和谐社会的不可或缺的有力保障。警务危机谈判机制系统的结构可分为指挥、实施和保障三大部分，同时确立有效的指挥保障和协调、联动机制。运行模式应以新组建的特警支队为依托来建立健全应对处置危急事件的警务危机谈判机构。警务危机谈判专业人员的选拔应确立初选和复选标准；培训应围绕着专业理论知识和应用技能两个方面进行。     

行业工资集体协商的博弈论分析——基于温岭新河羊毛衫行业的实证研究

温岭2003年从新河羊毛衫行业开始，以“民主恳谈”为平台，走出了一条依托行业工会与行业协会开展工资集体协商的新路子，推动了民营企业工资协商共决机制、工资正常增长机制和工资支付保障机制的建立，完善了社会利益协调机制。这是集体理性的要求，是合作博弈的产物，不但使共同的生产物——“蛋糕”合理切割，而且使共同生产“蛋糕”的效率不断提高。运用博弈论的分析方法。总结温岭的经验和做法，汲取其养分和质料，可以从中把握行业工资集体协商的一般规律。     

Minority Matters: 12 Angry Men as a Case Study of a Successful Negotiation against the Odds

In his famous book, Social Influence and Social Change , celebrated social psychologist Serge Moscovici contended that minorities influence change by creating conflict. Because people wish to avoid conflict, they will often dismiss the minority position. But when the minority refuses to be dismissed by remaining committed to its position and maintaining a well-defined and coherent point of view, then the minority can make the majority reconsider its beliefs and consider the minority's position as a viable alternative. Moscovici identified five key aspects of the minority's influential behavior: consistency, investment, autonomy, rigidity, and fairness.
In this article we analyze the negotiation process depicted in the 1957 film 12 Angry Men . This critically acclaimed film powerfully illustrates the dynamics of bargaining and the use of informal authority with a focus on the role of personality. The film illustrates how, by adopting the five behavioral strategies described by Moscovici, the minority — in this case a lone dissenting juror — is able to successfully negotiate and, against the odds, influence the overwhelming majority comprising the other eleven jurors.     

司法权的基本特征

本文从宪政角度阐述了司法权的基本特征。认为司法权具有独立性 ,表现为司法权形态的独立性和司法权运行过程的独立性 ;消极性 ,表现为司法权的被动性、司法裁判范围的有限性和庭审的消极性 ;终极性 ,表现为司法裁决效力的至上性、终局性 ;交涉性 ,表现为司法裁决必须建立在当事人充分举证和辩论的基础上     

With Feeling: How Emotions Shape Negotiation

Recognition of the role played by emotions in negotiation is growing. This article synthesizes current research around four broad themes: moves and exchanges, information processing, social interaction, and context. The authors' review reveals that much of the research on this topic has focused on two key emotions, anger and happiness. More recently, negotiators have turned to other emotions such as guilt and disappointment, demonstrating that not all negative emotions have the same consequences, or activate the same regions of the brain. Focusing on social interaction, the authors note that negotiators may influence each others' emotions: whether negotiators converge to anger or happiness has different consequences for agreement. Researchers have broadened their examination of emotion by considering how external factors such as power, the number of negotiators, culture, and gender influence the impact of emotional expression. The authors also consider the function and impact of expressing authentic emotions, or choosing to use emotions strategically to gain an advantage — an issue that raises important ethical questions for negotiators. The article concludes with some practical implications of the research.     

The Influence of Emotional Intelligence on Negotiation Outcomes and the Mediating Effect of Rapport: A Structural Equation Modeling Approach

Although early research on negotiation focused on cognition and decision‐making processes, recently, negotiation scholars have started to pay attention to the importance of emotion in negotiation and have suggested that emotional intelligence is likely to improve negotiation performance. Few studies, however, have tested the relationship between emotional intelligence and negotiation outcomes. This study contributes by empirically testing the influence of emotional intelligence on specific negotiation outcomes (joint gain, trust between parties, and the desire of parties to work together again) and also examines the mediating effects of rapport. We used a laboratory experimental design with 202 participants to test the hypotheses. We found that a negotiator's emotional intelligence was correlated with his or her counterpart's trust level and desire to work again but had no effect on joint gain. In addition, rapport fully mediated the relationship between emotional intelligence and desire to work again, and between emotional intelligence and trust.     

Introduction: negotiating the promotion of democracy

ABSTRACT

This article makes the case for why we should turn to studying democracy promotion negotiation, outlines the research questions guiding this special issue, identifies overarching findings and summarizes the individual contributions. After outlining the rationale for more attention to the issue of negotiation, which we understand as a specific form of interaction between external and local actors in democracy promotion, we outline three basic assumptions informing our research: (1) Democracy promotion is an international practice that is necessarily accompanied by processes of negotiation. (2) These negotiation processes, in turn, have an impact upon the practice and outcome of democracy promotion. (3) For external democracy promotion to be mutually owned and effective, genuine negotiations between ‘promoters’ and ‘local actors’ are indispensable; the term ‘genuine’ here being understood as including a substantial exchange on diverging values and interests. The article, then, introduces the three research questions for this agenda, concerning the issues on the negotiation table, the parameters shaping negotiation processes, and the results of democracy promotion negotiation. We conclude by presenting an overview of the overarching findings of the special issue as well as with brief summaries of the individual contributions.