民间法与法院调解发生学意义上的互恰

以经济学原理作为分析工具,民间法及法院调解二者结合不仅有运作的共同基础,更具在乡土社会中顺利排解民商事纠纷的优势。民间法与法院调解需要且能够结合运用,民间法在现今社会法院调解过程中具有较大作用和优势,法院调解中引入民间法具有积极意义。     

Learning to Mediate? The Mediation Support Unit and the Production of Expertise by the UN

The UN Mediation Support Unit (MSU) was created to support peace processes and enable organizational learning. This article analyses the unit through a sociological lens with the aim to understand its present configuration, and what this reveals about the production of knowledge about mediation at the UN. It argues that, because of the constraints imposed by intrastate wars and the existing institutional setting within the Secretariat, the MSU emphasizes generic and depoliticized expertise, by contrast with mediation's traditional reliance on non-transferable skills. This approach, in spite of its pitfalls, enables the unit to justify its own existence and to claim a position of authority within the organization and beyond.     

The influence of implicit theories and offender characteristics on judgements of sexual offenders: a moderated mediation analysis

The psychological factors underpinning responses to sexual offenders are beginning to receive increased empirical scrutiny. One such factor is offender representativeness, which refers to the extent to which a given offender example matches a stereotype of those who are typically labelled as “sexual offenders”. Using a sample of 252 community members, we examined the role of implicit theories about sexual offenders (ie whether sexual offending is seen as fixed or malleable) in mediating the relationship between affective responses to sexual offenders and policy outcome judgements. We found support for this mediating effect, although this was eliminated when participants were presented with a “non-representative” offender vignette. We argue that the relationship between affective responses and policy judgements is contingent on the activation of a sexual offender stereotype, and that this link can be disrupted via the increased presentation of non-stereotypical case examples. Implications for public debate and professional practice are discussed.     

日本法院调停制度与我国法院调解制度比较

日本法院调停制度与我国法院调解有相似的地方,但又有着显著的差异。文章对日本法院调停制度与我国法院调解制度进行比较,理出它们的共性和差异,试图对完善我国法院调解制度寻求出可行方案。     

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.     

公诉案件刑事和解实证研究

刑事和解作为一种有别于传统的案件处理方式,近年来出现于我国司法实践之中,并在许多地区进行了多元化探索。数据表明,在刑事和解的内容、适用的案件范围、主持者和参与者、和解成功案件的处理方式、需要的工作量和时间、影响成功与否的因素、相关配套制度和效果等方面,有些理论预设是成立的,有些则是不完全成立甚至是根本不成立的。历时两年多的实证研究,不仅检验了刑事和解的各项功能及对刑事和解的正当性基础提供了数据支持,更重要的是在宏观上揭示了我国刑事和解的现状,从而为解决刑事和解适用中存在的问题及探索刑事和解在我国的可行性模式提供了认识上的基础和前提。     

刑事和解制度论纲

平衡理论、叙说理论和恢复正义理论是当今西方刑事和解理论中流行的三种解说,其中恢复正义是刑事和解最重要的理论基础。在我国刑事司法领域中,并不存在严格意义的刑事和解制度。基于刑事和解在被害恢复与加害恢复方面的双重价值,应当对此制度进行合理化的借鉴,构建刑事和解的中国模式。     

论刑事和解的正义冲突及其消解

刑事和解的构建初衷在于强化刑事被害人的保护,但刑事和解的适用却无疑一定程度地弱化了对犯罪人的惩罚。被害人保护与犯罪人惩罚均为社会的正义诉求,却在刑事和解中产生冲突。应当在价值松绑、立法解危、司法开路中消解刑事和解中的正义冲突。