审视大调解

我国的大调解机制是适应社会现实需要、对人民调解理念进一步延伸的产物。它强调的是调解的多方参与、多种调解资源的整合,是社会各方力量共同参与、相互配合化解社会矛盾的一种工作机制。在我国,大调解机制的存在具有必要性和可行性,也具有正当性:它适应了我国社会转型期解决复杂性和特殊性矛盾的需要;顺应了法治发展的需要;缓解了法院的压力;在我国有着深厚的调解文化底蕴和丰富的调解资源;它既符合维护社会稳定、构建和谐社会的内在诉求,也符合利益诉求和正义价值的追求。     

Civic Fusion: Moving from Certainty through Not Knowing to Curiosity

Civic fusion occurs when people bond across passionate difference to solve a shared public problem. It requires bringing people close together under conditions that enable them to bond, even as their polarizing beliefs remain intact. In managing multiparty multi‐issue negotiations, public policy mediators help disparate, passionate parties negotiate actionable agreements. To achieve and sustain civic fusion, interested parties recognize and acknowledge confining assumptions and move through a continuum in which their certainty about each other and their presumed solutions is challenged and transforms to uncertainty and then to curiosity. They connect across common public goals and find mutual understanding and respect for the interests of others as they come to understand and accept the opportunities and limitations that are inherent to their complex situations. A steady stream of new understandings moves people beyond their long‐held perspectives to foster productive negotiations and build innovative solutions. Ultimately, the parties generate sustainable consensus agreements even as they retain their deeply held and often opposing values and beliefs.     

Traumatic brain injury,temperament, and violence in incarcerated youth: a mediation analysis based on Delisi and Vaughn’s theory of temperament and antisocial behavior

Traumatic brain injury (TBI) is associated with violent behavior. A possible key mechanism to explain the relationship between TBI and violence is DeLisi and Vaughn’s temperament-based theory of antisocial behavior. Accordingly, the current study investigates whether temperament – the combination of effortful control and negative emotionality – mediates the relationship between TBI and violent behavior within incarcerated youth. A non-probability sample of youth (N?=?227) incarcerated in two long-term residential facilities completed a comprehensive assessment tool that collected data on TBI, temperament, childhood trauma, substance use, mental illness, and a variety of demographic characteristics. Preliminary results showed TBI significantly increased violent behavior, adjusting for confounds. Then, mediation analysis found that temperament accounted for 54% of the total effect between TBI and violence. The study findings show the potency of DeLisi and Vaughn’s temperamental construct in explaining the relationship between TBI and violent behavior within a sample of incarcerated youth. The dynamic interplay between effortful control and negative emotionality appears to be an important mechanism related to violent behavior. Both temperament constructs should be the focus of future assessment and intervention among incarcerated youth with TBI.     

行业性劳动争议调解效率体系的法规范分析

行业性劳动争议调解的效率体系是影响其运用机会与效果的重要方面，其效率价值的关键又在 于行业性劳动争议调解与司法确认、劳动仲裁审查的衔接。基于现行的规范体系，由于司法确认与仲裁审查两 套机制的差异性表现以及司法确认中并行规则的安排，导致程序法理混乱、程序正当性不足、审查标准不一， 进而在客观上减损了行业性劳动争议调解制度效率价值，这些问题与立法分散、程序价值定位不清晰密切相关。 解决以上问题，应当将程序同质化作为解决问题的基本导向，改革立法分散且位阶低的现状，推动司法确认程 序“二元化”格局向“一元化”转变，推动司法确认与劳动仲裁审查标准的一致性以及修正程序的价值追求。     

Jiaozi

正No dish is better known in China than jiaozi,dumplings with meat and vegetable fillings wrapped in thin pastry and served boiled,steamed or fried.There are many stories about the origins of jiaozi.One widely cited is that the delicacy is the invention of Zhang Ji(Zhang Zhongjing,150-219),author of Treatise on Cold Pathogenic and Miscellaneous Diseases and one of the greatest practitioners of traditional Chinese medicine in history.After retiring from his official post,Zhang established a clinic in his hometown of Nanyang that would open every winter with a kitchen serving a soup     

The observer actant in the contemporary legal discourse: a semiotic meditation*

ABSTRACT

The sensorial access to the law that a society grants to its members is underpinned by a logic of exhibition and disclosure that, in turn, results from a more abstract cultural propensity to either transparency or opacity. Through investigating the systems of signs by which the functioning of the law is either concealed to external audiences or manifested to them in a more or less spectacular way, one can gain a firmer grasp on the juridical aesthetics of a society. This semiotic approach entails two advantages: on the one hand, the possibility to compare and contrast different regimes of disclosure and secrecy in the synchronic dimension, connecting the discourse of the law with other – apparently distant – types of discourse, adopting the same aesthetics of transparency or opaqueness in other domains of social life and discursive production; on the other hand, the opportunity for a more insightful intelligence of the diachronic development of such aesthetics, so that it may be interpreted as the long-term byproduct of historical watersheds in the history of culture. The article, in particular, proposes to link the socio-pathology of anorexia with several other practices and texts of present-day culture that adopt the same rhetoric of transparency in other discursive arena, including that of law. In all these sign productions, indeed, the trend that predominates is one that, adhering to an ideology of immediacy and transparency, pretends to eliminate all filters, all hindrances, but also all material signifiers that would mar the purity of the content. Although this utopia cannot correspond to any actual semiotic state – for any content needs a material expression to be conveyed – it nevertheless exerts a powerful influence on the present time, until it manifests itself in extreme forms of ‘transparentist’ radicalism.     

纠纷解决的社会结构与调解——基于剑河县林权纠纷的调解实践

文章借助美国学者布莱克的案件社会结构理论,侧重于从微观社会学角度分析调解所处的纠纷解决社会结构,通过对当地最为典型的林权纠纷各类型的性质、起因及结构要素不同组合方式进行剖析,展示出纠纷解决的社会结构对调解运行的深刻影响:纠纷当事人之间目前的熟识或面熟关系使纠纷趋于依据大量民风、民俗和伦理道德等地方性知识,运用调解方式解决;纠纷双方当事人之间的经济、社会、文化等方面的常规资本和个人性格、气质等非常规资本的分布、组合状况有力地制约着调解结果;一方或双方的支持者常常在调解中起着重要作用,有时会改变调解的走向,甚至决定着调解的成败。     

真实型领导对员工幸福感的影响研究——自我效能感与工作和家庭真实性的链式中介

员工的工作幸福感不仅对提高组织绩效至关重要,更有助于经济和社会的可持续发展.研究从依恋理论、社会学习理论等视角,构建并验证了真实型领导影响员工幸福感的链式中介模型,具体包括:自我效能感在真实型领导与员工幸福感之间的中介作用,工作和家庭真实性在真实型领导与员工幸福感之间的中介作用,以及自我效能感与工作和家庭真实性在真实型...     

中韩环境纠纷解决机制比较研究

随着经济的迅猛发展,环境问题日益显著,环境纠纷也越来越多,日益增多的环境纠纷得不到很好的解决,既损害了受害人的环境权益又不利于经济的增长与和谐社会的建设.通过对比研究我国与韩国在环境纠纷解决机制方面的异同,可以借鉴韩国的有益经验,以促进我国的环境法制建设.首先,可以参照韩国的做法,制定专门的环境纠纷调解法,以明确环境行政机关解决环境纠纷的法定义务;其次,应完善我国环境纠纷的诉讼外解决机制;再次,应建立激励公众参与的机制.     

Sport Mediation: Mediating High‐Performance Sports Disputes

Conflicts in high‐performance sports (HPS) are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved. Such disputes raise intriguing challenges for the mediators handling them. These disputes typically involve multiple parties who often have intensely competitive personalities negotiating a volatile mix of high‐stakes win/lose issues. Mediators typically confront numerous process challenges and must operate within the rigid policy parameters of the various governing organizations involved. Mediation can successfully manage and resolve these challenging disputes, often in creative ways that repair and preserve the parties’ relationships. To be successful in this environment, however, mediators must adapt to and confront the unique dynamics of sports disputes described here. In this article, I examine multiple case studies of mediations conducted through the Sport Dispute Resolution Centre of Canada (SDRCC) with the goal of identifying successful mediation strategies for HPS disputes. The centre, which has made mediation mandatory for almost all cases, had an overall settlement rate over a twelve‐year period of 46 percent, with rates as high as 94 percent for mediations voluntarily requested by the parties. Mediation has been used only sparingly elsewhere in the world for resolving HPS disputes to date, although, I argue, it is a successful tool that should be increasingly used both nationally and internationally. In recognition of mediation's potential role, the Court of Arbitration for Sport introduced updated mediation rules in 2016 and is moving to increase the use of mediation in international sports disputes.