The Protection of Confidentiality in Australian Family Law

This paper identifies and discusses the legislative provisions which protect confidentiality in family law proceedings in Australia. The purpose of discussing these protections is two‐fold: firstly, to identify the scope and operation of these protections for Australian legal practitioners; secondly, to allow comparison of Australian protections to those offered in other jurisdictions. This paper will consider duties of confidentiality and evidential privileges in the context of settlement negotiation, mediation, arbitration, lawyer‐client relationships and medical, counselling and other therapeutic relationships. The rationale for the protection of confidentiality in some of these relationships and circumstances, but not in others, will also be considered in an attempt to understand why it is so.     

Harnessing the Power of Data to Improve Family Justice: A New Nuffield Family Justice Observatory For England and Wales

A pilot Family Justice Observatory for England and Wales is being launched in Spring 2019. Its overarching aim is to address concerns about the limited and uncertain place of empirical evidence in the family justice system. The Observatory will focus on providing intelligence about how the system is working, especially through the accelerated use of electronic population level data on family justice cases. Drawing on collaborative relationships between data providers and users, as well as policy and practice colleagues, the Observatory will improve collective understanding of the needs of children and families and how they are met by the family justice system.     

Testing Zaller’s Reception and Acceptance Model in an Intense Election Campaign

The paper provides a test of Zaller’s reception and acceptance model. The theory describes conditions under which a political message is received, and, if received, accepted or rejected. The study deals with the 1988 Canadian election that was fiercely fought over one central issue, the Free Trade Accord with the United States. We use the 1988 Canadian Election Study campaign rolling cross-section survey, and we test Zaller’s propositions about who is most likely to receive and then accept party messages. Our findings provide little support for the model. We suggest that when an issue is hotly debated in an election campaign voters who receive party messages are able to connect these messages to their values and predispositions whatever their level of political awareness.

Hung Parliaments and the Need for Clearer Rules of Government Formation

The general elections of 2017 and 2010 produced hung parliaments in which no single party could command an overall majority; in May 2015 the UK only narrowly avoided that outcome. When a parliament is hung, more than one potential government can be viable, and the constitutional rules that determine who has the first right to form the government can thus have a decisive influence on which government forms. In the past, the UK has applied several potentially contradictory rules (based on conventions and principles), which do not all follow an equally democratic logic. This status quo is problematic because it can generate political controversy and uncertainty, in addition to jeopardising the Monarch's role in the government formation process. A reform that enables parliament to elect the leader who will be tasked with the formation of the next government would resolve these problems and provide constitutional clarity.     

Mobilization and state formation on a frontier of Vietnam

Defining mobilization as a powerful tactic and social process enables a critical analysis of state power as well as its spatial configurations and legitimation practices. Mobilization in the site of ?in Biên Ph first appeared during military confrontation (1952–54) and reappeared during land reform (1953–57) and collectivization (1959–60), all of which transformed agrarian community forms, political relations, and economic production – although not always as intended. Analyzing its use, meaning, and contingent effects on a frontier of an emerging Vietnam underlines how mobilization drew on and produced power to regulate relations of rule and production within an emerging nation-state. Drawing on historical sources and in dialog with literatures on social movements and comparative politics, this paper considers a series of mobilizations to represent distinct but inter-related stages in a process of statemaking.     

Historicizing the power of civil society: a perspective from decentralization in Indonesia

The devolution of power to subnational governments and the involvement of civil society in policy decisions and implementation are the twin pillars of neoliberal governance reforms in post-authoritarian Indonesia. Yet, for the poor, these reforms have failed to bring about downward accountability and popular participation. Based on a political ethnography in the Priangan highlands of West Java, this article explores how a civil society approach to decentralization has compromised local democracy. Drawing on state–society relations, state formation, and institutional choice literatures, and focusing on power relations, social structures, and historical experiences in Indonesia, the article illustrates the complicity of civil society in the failure of decentralization to benefit the poor.     

其他重大过错导致离婚损害赔偿的立法解释

《婚姻法》第46条严格限制离婚损害赔偿的过错情形,由此引发因制度供给的法定理由不足、离婚损害赔偿的性质不明、权利救济不充分导致的司法裁判路径混乱.我国离婚损害赔偿本质上是配偶一方因过错行为违反婚姻契约导致离婚而产生的违约损害赔偿责任.在解释《民法典·婚姻家庭编》第1091条新增的有其他重大过错时,既要充分发挥离婚损害赔...     

吉林省私营家族企业发展中存在的问题与对策

私营家族企业在吉林省的经济发展中占有重要的地位,并以极快的速度成长着。然而伴随着私营经济的进一步发展壮大,私营家族企业出现了这样那样的问题,但在目前情况下,还不可能放弃这种制度模式,私营家族企业还有它存在的优势。但这并不能说明私营家族企业的管理模式就没有革新改造的任务了。吉林省的私营家族企业也将面临着革新、改造的任务,以此克服私营家族企业的弊端,使家族企业快速健康成长。     

Confidentiality and Privilege for Family and Child Protection Mediation: A Roadmap for Navigating the Innovation,Inconsistency and Confusion

This article will identify the inconsistency and confusion in mediation regarding the definition of mediation, the role of the mediator, and the difference between mediation confidentiality and privilege. Further, it will discuss the confusion and inconsistency in the protection of mediation communication, specifically regarding the definition of mediation communication, the time frame for protected communication, waiver of the protections and exceptions to protected mediation communication. It will provide a roadmap and fact pattern for determining whether mediation communications are protected and if so, the protection they are afforded. Lastly, it will offer recommendations so parties, professionals and the courts may better understand and reap the benefits of mediation.     

于成龙家训:家国共建有德有“分”社会

家训以治家训子为本务。好的家训既是家族繁荣的重要保障,也是国家文化的重要体现。一代廉吏于成龙的家训,蕴含着家国共建有德有“分”社会的治家治国理念与路径。于成龙家训立意于家国共建,主张通过官员改善家风来引领社会风气,实现国家风清气正。“德”是其思想内核,包括孝敬不违礼、勤俭不奢靡、宽仁不刻薄、公道不欺诈、高洁并立志五种美德。“分”是其精魂所在,通过要求家族成员遵守在家庭与社会中的本分、随分而行,来实现家国的和谐稳定。于成龙家训以训治家、以家治国,最终谋求家、国的共同发展,具有典范意义。