民事冲突与和谐社会

社会冲突的存在状态是社会和谐程度的表征,民事冲突是社会冲突之中的常见形态。构建和谐社会必须关注民事冲突。分析民事冲突产生的原因背景,动员全社会的力量重视民事冲突,采取各种解决民事冲突的有效机制,完善相应的法律制度,通过有效的制度建设和系统的纠纷解决机制运作,使我们的社会化解、控制社会冲突的能力超强,则社会的和谐程度也就越高。     

对危险罪犯的排查及防范措施

危险罪犯对国家安全和监狱安全具有潜在或现实危险,通过对危险罪犯的排查,可以预测和遏制在押罪犯的脱逃、抗改和在监内重新犯罪,以维护狱内改造、生产和生活秩序,提高改造质量.对危险罪犯的排查应从罪犯行为、应激原两方面来认定,并据此争取相应的防范措施.     

社会矛盾化解视野下的派出所解纷权——以一起自杀式讨薪案的处置为例

自杀式讨薪行为是一种底层的不"体面"、不"正规"、不合法的纠纷解决方式。民间纠纷的当事人常常以扩大纠纷的方式解决纠纷,调解这类含有暴力因素或有危害公共秩序之虞的因素的民间纠纷,成为当前派出所日常工作的一个主要项目。民警在这类案件中的功能,主要是充当纠纷解决过程中的控制者、缓冲者、疏导者、协调者的角色。派出所的民间纠纷解决权,是底层大众解纷需求的产物,以此为核心的派出所调解机制的实践反映了底层解纷机制对当代中国法治进程的影响。     

Coordinating Transitional Justice

Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.     

Conflict Resolution: Lessons from the Dayton Peace Process

The Bosnian War (1992–1995) was one of the most brutal conflicts in Europe since the end of World War II. Thirty‐four cease‐fires failed to produce peace in Bosnia and Herzegovina until the late American diplomat, Richard Holbrooke, brokered one that set the stage for a series of negotiations—starting in the Balkans and ending in Dayton, Ohio. The Dayton peace process finally terminated the Bosnian War. The interplay of military intervention by the North Atlantic Treaty Organization and diplomacy by the United States was remarkable. This article highlights thirteen conflict resolution lessons or “Holbrookeisms” that can be learned from the Dayton peace process. Some aspects of Holbrooke's approach toward the peace process helped him to successfully mediate an end to the Bosnian War, while others contributed toward some of the existing cleavages in today's Bosnian society.     

The alluring voice/the allure of film (theaters): the formation of the voice in the Japanese cinema of the prewar period

Abstract

Kitada Akihiro provides a historical overview of film presentation as a transient business, its migration into dedicated cinemas, and the concomitant rise and fall of benshi film explainer culture, as silent film incorporating a narrative developed out of simplistic ‘moving pictures,’ only to be gradually replaced by ‘talkies.’ He does so by following the career of Tokugawa Musei, one of the most prominent benshi of the 1920s and 1930s, from beginning to end; in describing the changes in audience composition and expectations, he outlines the transition from the showman-like VOICE「声」 to the more ‘talkie’-like voice «声».     

The Long‐Term Effectiveness of Mediating Workplace Conflicts

In this study, we explore the long‐term effectiveness of the mediation of hierarchical workplace conflicts by comparing and analyzing participants’ perceptions of short‐term and long‐term mediation effectiveness. Specifically, we surveyed supervisors and subordinates to determine the extent to which they perceive mediation to be effective one year after the conclusion of the process. In this study, we distinguish between mediations that result in a continuing employment relationship versus exit mediations, which occur when employees end their employment. We collected data from real workplace mediation cases in the Netherlands. Our results show a general positive relationship between short‐term and long‐term mediation outcomes. Supervisors and subordinates, however, perceive the long‐term outcomes somewhat differently, with supervisors perceiving greater compliance with the agreement than did subordinates after one year. We found no significant difference in perceptions of long‐term effectiveness between exit and nonexit mediations. In the article, we discuss the implications of our findings for mediation theory and practice.     

Outbursts: An Evolutionary Approach to Emotions in the Mediation Context

Evolutionary psychology offers a powerful framework for understanding the ultimate function of emotions, and that understanding can be applied usefully in the mediation context. In this article, we first introduce the relevant theoretical foundational assumptions of the evolutionary approach to emotions and then use anger and gratitude to illustrate the evolved functions and effects of emotions on cognition and behavior before exploring specific implications for mediation. We also discuss mediator strategies for leveraging anger and gratitude, as well as the potential for future research applying an evolutionary approach to understanding emotions in mediation.     

国外劳动争议调解制度及其启示

目前,国外存在独立机构调解、行政调解、劳动法院调解和三方机制调解等四种类型的劳动争议调解制度。国外劳动争议调解立法及其成功运行,对于我国完善劳动争议调解制度有以下四点启示:一是调裁机构合一;二是劳动争议协调处理机构专门化;三是取消劳动争议仲裁调解和诉讼调解;四是实行积极的沟通。     

Parent–Child Relations,Conduct Problems and Cigarette Use in Adolescence: Examining the Role of Genetic and Environmental Factors on Patterns of Behavior

This study investigated genetic and environmental influences on the associations between mother–child relationship quality (warmth and hostility) and adolescent conduct problems and cigarette use. Participants included 601 mothers and adolescent twin pairs (aged 12–17 years). Mothers and adolescents provided separate reports of mother-to-child warmth and hostility. A combined measure of mother and adolescent reported conduct problems was used while adolescents provided reports of their cigarette use. Analyses were conducted using bivariate genetic analyses of correlated factors models and regression analyses of monozygotic twin differences. Genetic influences were found for most ratings of the parent–child relationship, with evidence of gender and/or rater-specificity for some measures. The relationship between mother–child hostility with adolescent conduct problems and cigarette use was influenced by genetic and environmental effects. Evidence was found for shared environment effects on the relationship between mother–child warmth and conduct problems. Examining monozygotic twin differences provided further support for non-shared environmental influence on the relationship between mothers’ expressions of hostility and low warmth and adolescent adjustment. Findings are discussed in relation to the interplay between genetic and environmental effects underlying links between parent–child relations and adolescent behavior problems.