海南农垦土地权属管理存在的问题与对策研究

海南农垦土地权属管理取得了一定的成果,但也存在着土地纠纷调处管理机构设置不科学;土地权属纠纷较多,特别是场社纠纷中存在的部分历史遗留问题一直没有得到解决,＂退场纠纷＂时有发生,农场已经确权登记发证的土地被周边农民占用又引发新的纠纷导致土地确权工作难度较大,土地确权发证工作不到位等问题,因此,应当完善土地权属纠纷调处机制,有针对性地设置专门的土地纠纷调处机构,统一具体纠纷案件的调处部门,科学划分职责权限,着力解决农垦土地纠纷,在此基础上加强农垦土地确权、登记发证工作。     

承继·契合·沟通——结构主义视角下的人民调解

基于结构主义视角,本文一般化地概括了人民调解的结构样态。在人民调解的过程与结果层面均突显合意、契合和自治诸特征。在积极型国家与乡土社会的二元分划语境下,人民调解系一条制度性通道。迈向实践的人民调解研究和行动者—结构分析框架分别是人民调解研究可能的拓展方向及分析框架。     

The Next Generation: Creating New Peace Processes in the Middle East

This essay describes how Israeli students in a course on mediation and consensus building taught in an Israeli university law department by an American law professor and an Israeli instructor analyzed and studied the conflict in the Middle East. It describes the suggestions they made for process design for the next stages of whatever peace process might emerge for the region. In light of the students' suggestions, the authors present some ideas as to how different approaches to reconciliation and peace might be used, managed, and coordinated.     

治安调解和人民调解的界分与衔接

现阶段,治安调解和人民调解在界分上因为实践中的交叉、混合而存在争议,又在衔接上存在对接机制不完善、运用不协调等问题。通过充分吸收、借鉴部分地区实务中的做法,化用包容性评价设计二阶层的纠纷调解流程,可以解释公安机关调解不涉及治安案件的民间纠纷的合法性和合理性,探索治安调解和人民调解衔接的具体措施,从而减低对警力资源、司法资源的不必要占用,提高解决纠纷的便捷性,促进社会和谐,维护治安秩序。     

Decoding Negotiation Systems in the Middle East and North Africa: A Framework for Analysis

Regional conflicts are becoming increasingly complex due to the involvement of an ever more numerous and interconnected set of actors. Previous research has focused on regional conflict systems and has generated theoretical approaches such as the regional security complex paradigm. However, when complex, multifaceted, seemingly contradictory webs of relationships are spun in a region, new tools are needed to analyze and evaluate them. Drawing on previous regional conflict models, we propose a negotiation-oriented framework of regional conflict analysis that explores the type and intensity of relationships between state and nonstate actors in a conflict system. We offer a seven-step scale of relationships (ranging from ally to active armed opponent) that represents a novel contribution to the methodological efforts to analyze relationships in conflict systems. This framework brings to light the relational imbalance of the MENA region and has the potential to contextualize for negotiators and mediators the complex system of conflicts within, and possibly outside, the region.     

市场经济体制下凉山彝族家支、习惯法与彝区社会治安问题研究——以彝族聚居县美姑、昭觉、布拖为例

改革开放以来,凉山彝族地区的家支聚会不仅频繁,而且规模大,家支聚众打砸抢案件呈上升趋势,影响了彝区的社会稳定;民间纠纷一律由民间调解员按传统习惯法进行调解,习惯法的使用频率高,因而其消极作用也更加明显。文章对因家支、习惯法引起的彝区社会治安问题进行了分析并提出了对策。     

试论我国法院调解制度的重构

现代社会为其成员提供多元化的纠纷解决机制,以此来满足社会成员的多层次的法律需求和多元化的价值追求.但是,建立机制本身只是手段,制度的完善和政策、法律的疏导来实现机制的顺畅运作并最终实现纠纷的合理分流和有效解决才是建立起多元化纠纷解决机制的最终目的.任何一项制度都是在改革中不断完善和发展的,法院调解制度也是如此.因此,我们现在要做的是不要盲目的摒弃,而是要深入地研究,努力使我们的优良传统发扬光大.     

Credibility and Strategy in International Mediation

We study mediation in international conflict as a process of strategic interaction among the two disputants and the (would-be) mediator. We develop a rational model that examines the choice, process, and outcome of mediation. We start with a conflict game of incomplete information played by rational players that examines the conditions under which disputants and would-be mediators would consider mediation a preferred strategy. The mediation game that follows models the mediator's choice of mediation strategy and the possible responses of the disputants offers. Finally, we explore the conditions under which a mediated solution emerges and the conditions under which mediation fails.

The credibility of the mediator—defined as the extent to which disputants believe the mediator's statements, threats, or promises and her ability to deliver the promised agreement—emerges as a key factor that drives the model. Each disputant has an assessment of the mediator's credibility. Broadly speaking, the more credible the mediator is perceived by the disputant, the more accepting the disputant will be of her offers. Yet, the mediator does not know how credible she is in the view of the disputants. This uncertainty affects the mediator's decision to intervene and her choice of strategies. We derive testable propositions from this model and test them on a dataset consisting of mediation efforts in international conflicts over the years 1945–1995. The findings generally support the propositions derived from the model, and we explore the theoretical and empirical implications of these findings.     

Using Blogs in Teaching Negotiation: A Technical and Intercultural Postscript

This article reexamines an earlier experiment in the use of blogs in teaching negotiation when undertaken in a different cultural environment. I briefly examine two core factors — technical competence and cultural preferences in communication — as well as a student preference to reserve the use of social media for purely social and informal communications. Parallels are also drawn with the technical and cultural contexts of developments in online dispute resolution.     

Conflict Intelligence and Systemic Wisdom: Meta‐Competencies for Engaging Conflict in a Complex,Dynamic World

Over the last one hundred years, conflict researchers have developed a host of theories about which competencies and skills are most conducive to the constructive management of conflict. Our standard models and methods for conflict resolution, however, are particularly challenged in the face of the world's increasing complexity, dynamism, and unpredictability. In this article, I describe a new framework for addressing these challenges. Based on insights from research in complexity science, psychology, and peace and conflict studies, this framework comprises two meta‐competencies that help individuals resolve conflict and promote more constructive and peaceful relations in our rapidly changing world.