论民事诉讼二审中和解协议的性质——最高人民法院2号指导性案例评析

民事诉讼二审审理期间因当事人达成和解协议而撤诉,但被上诉人反悔,不履行或者不完全履行和解协议的争议,其实质乃为二审中和解协议性质认定的分歧。我国宜采德日"一行为两性质说",承认和解协议同时具有私法行为和诉讼行为两方面的性质。最高人民法院2号指导性案例对此问题的明确,对维护裁判统一和司法权威具有重要意义,但其仍未能穷尽司法实践情形,也缺乏对上诉期间和解协议性质的考虑。     

论悬赏广告的性质

众所周知,悬赏广告的出现,不仅大大丰富了社会广告的内涵,而且因其引发的一系列问题受到人们的普遍重视.但是长期以来,悬赏广告的性质在法学理论界和司法实践中都存有严重的分歧.因此,有必要从这一社会热点出发,立足我国实际,以概念为基本出发点,在综合分析当前学说并进行优劣比较的基础上对悬赏广告的性质做出取舍,为我国悬赏广告性质问题的探讨提供一种可供参鉴的思路.     

对完善我国民事诉讼二审程序的思考

上诉制度是司法体制的重要组成部分,由于现代社会法律关系急剧变化,我国的民事诉讼上诉制度无论是在制度设计,还是在实际运作层面均存在着种种弊端,进而影响着我国整个司法的有效运行.因此要对我国民事上诉审程序进行重新设计,有针对性地提出的主要解决措施有:建立复合型的审级制度,二审实行有条件的独任审判,加强上诉审与再审的衔接.     

刑事诉讼法再修改需要关注的几个问题

在刑事诉讼法再修改讨论中,尚有一些问题应当受到关注,本文就刑事二审审判中的诉讼关系问题、行政处罚与刑事追究两者间的衔接问题、行政机关司法化问题、司法机关行政化问题及法院审判委员会的改造等问题分别进行了探讨,提出了独到的新颖见解。     

秦汉律“购赏”考

“购赏”秦已有之，汉加以继承。购赏内容为金或钱、赃物、拜爵、赏田宅、晋职等。执行追捕的吏徒、共同犯罪之人、一般平民、军功人员等都是购赏的对象。购赏是法家“赏”思想的体现，其设立符合人之好利的本性，在司法实践中取得了一定的实效。     

Developing a Model Intervention to Prevent Abuse in Relationships Among Caribbean and Caribbean-American Youth by Partnering with Schools

SUMMARY

This paper proposes a model intervention to prevent relationship abuse among Caribbean and Caribbean-American adolescents. Specifically, the model partners with a high school with a strong Caribbean student population and incorporates education, prevention and intervention, as the three core components. This paper highlights the importance of working with young people in a school setting, working with young people before they have fully tackled the developmental task of defining norms of and values in relationships, utilizing culturally competent staff and specialized programming, and emphasizing the need for early intervention in the instances of adolescent relationship violence before its evolution into adult domestic violence. The model proposed serves as an outline for further development of culturally-specific and competent interventions to prevent and address relationship violence among adolescents.     

African Liberation Movement Governments and Democracy

Using polyarchy as an analytical frame of reference in combination with other democracy performance evaluation methods, this article offers a longitudinal analysis interrogating the democratic credentials of African decolonization and second liberation movement governments. Characteristically, upon victory and rise to power, some liberation movement governments failed to implement the democratic values that kindled their struggle. One subsequent result of this anomaly is the emergence of ‘movement governments' caught between internal and external pressures to democratize and the movements' desire to maintain their grip on power and the control of the personnel and resources of government at any cost. The article attempts to explain these tendencies against the backdrop of structural factors both internal and external to the African state, culminating in democratic deficits in both decolonization and second liberation movement governments.     

Candidate Selection in British Second Order Elections: A Comparison of Electoral System and Party Strategy Effects

Whilst most UK political parties have now accepted the need to increase the number of women representatives, the stark reality is that women remain under-represented. The under-representation of women in UK politics is not just evident in the national legislature but is a pattern repeated, to varying degrees, in second order elections at local, devolved and European levels. Recent developments in political recruitment processes allow us to explore the extent to which political parties take advantage of different electoral systems to promote women candidates in second order elections. Providing analysis of (s)election data from across second order elections, this article explores the interaction between systemic and institutional strategies, questioning which combination of electoral system and party strategy is most beneficial for increasing levels of women's representation.     

The structures of uncertainty: performativity and unpredictability in economic operations

Abstract

The paper reflects on the presuppositions and consequences of the concept of performativity (understood as the involvement of the observer in the objects and projects he/she describes). The paper proposes a broader notion of performativity, one that not only concerns theory but is also extended to the entire economy, which observes itself in all of its operations. This conception has the advantage of being connected with critical approaches inside economics, which highlight the central role of uncertainty and surprise. It can explain how and why performativity turns into counter-performativity and how financial operators exploit uncertainty when orienting their behaviour, expecting and using the unpredictability of the future.     

Implementing and Evaluating School-Based Primary Prevention Programs and the Importance of Differential Effects on Outcomes

Abstract

In 2004, Second Step (Committee for Children, 2002), a violence prevention program, was implemented in the Cleveland Heights-University Heights school district for 1,416 K through second grade students. Both process and outcome measures were used to evaluate program impact and examine issues related to the implementation and evaluation of evidence-based practices. Process measures indicated a high level of implementation fidelity, while pre/post outcome testing on a 20% random sample of students demonstrated significant reductions in reactive aggression scores, t= 2.221, df= 238, p< 0.05, and evidence of declines in proactive aggression. Authors discuss challenges and opportunities related to implementing and evaluating evidence-based programming in Safe Schools/Health Students sites, particularly regarding strategies for the assessment of differential intervention effects to evaluate program outcomes.