胁从犯的不合理性

胁从犯是我国刑法共同犯罪人分类中的一种独特类型。我国刑法按照行为人在共同犯罪中的作用大小将共同犯罪人分为主犯、从犯、胁从犯。无论是从保护人权的角度考虑,还是从立法科学性的视角考量,都应当取消胁从犯的概念,对因受胁迫而实施了危害社会的行为的主体不作罪犯处理。     

Hurdles to peace: a level-of-analysis approach to resolving Sudan’s civil wars

Why do some peace agreements end armed conflicts whereas others do not? Previous studies have primarily focused on the relation between warring parties and the provisions included in peace agreements. Prominent mediators, however, have emphasised the importance of stakeholders at various levels for the outcome of peace agreements. To match the experience of these negotiators we apply a level-of-analysis approach to examine the contextual circumstances under which peace agreements are concluded. While prominent within the causes of war literature, level-of-analysis approaches are surprisingly scant in research about conflict resolution. This article compares two Sudanese Peace Agreements: the Comprehensive Peace Agreement (2005) that ended the North–South war and led to the independence of South Sudan, and the Darfur Peace Agreement (2006) which failed to end fighting in Darfur. We find that factors at the local, national and international level explain the different outcomes of the two agreements. Hence, the two case studies illustrate the merit of employing a level-of-analysis approach to study the outcome of peace agreements. The main contribution of this article is that it presents a new theoretical framework to understand why some peace agreements terminate armed conflict whereas others do not.     

Violent attacks on education in the tribal areas of Pakistan and the role of NGOs in providing educational services

Education is no longer safe from attacks during times of armed conflict. In many regions of the world, armed groups intentionally target schools, teachers and students and violate the right of children to get an education. Such is the case in Pakistan, where militant violence and continued armed conflict has disrupted the education of hundreds of thousands of children, particularly girls. The present study addresses a call for a better understanding of how non-governmental organisations (NGOs) function and contribute to peace-building and development through the provision of educational services in conflict zones. Based on field research, the study finds that in spite of challenges, NGOs have been playing a vital role in providing educational services to the conflict-affected communities. Disseminating information, solutions for resuming education, improving school enrolment, psychosocial support and promoting quality education lies at the forefront of NGOs’ battle in the tribal areas of Pakistan. However, the state needs a comprehensive policy to protect education from violent attacks.     

Employee Satisfaction With Work‐life Balance Policies And Organizational Commitment: A Philippine Study

This study investigates the relationship between public employees' satisfaction with work‐life balance policies (WLBPs) and organizational commitment in the relatively unexplored Philippine context. Our findings show that (i) employees' overall satisfaction with WLBPs is positively related to organizational commitment, (ii) when specific WLBPs are examined, only satisfaction with health and wellness programs are positively associated with organizational commitment, and (iii) when accounting for employees' preferences for WLBPs, compensatory time‐off, childcare policy, health insurance benefits, and paid sick leave are positively related to organizational commitment. The findings indicate that understanding which WLBPs employees prefer is important before implementing WLBPs. The article discusses the theoretical and practical implications of this study in the developing country context. Copyright © 2017 John Wiley & Sons, Ltd.     

China–Japan interaction in the Middle East: a battleground of Japan's remilitarization

As most studies on Middle East–East Asian relations focus on the interregional dimension, the manner in which relations between East Asian powers influence, and are influenced by, their policies in the Middle East are largely overlooked. Attempting to add another layer to the study of Sino-Japanese relations, this article explores whether Sino-Japanese rivalry extends to the Middle East. This undertaking requires a conceptual distinction between measures related to Sino-Japanese competition in the Middle East and measures which are related to their rivalry. Building on a minimal definition of interstate rivalry, the article argues that neither the effort to secure energy supply nor their economic or political competition there is shaped by their rivalry. The only field that can be associated with that rivalry is Japan's quasi-military activity in the Middle East, which may enhance its security policy's revision. That, in turn, causes much concern and criticism in Beijing, thus assigning the region a certain role in their relations.     

Intraparty Hostility: Social Identity,Subidentity, and the Hostile Media Effect in a Contested Primary

The hostile media effect (HME) has generally been tested in terms of in-groups and out-groups, with a “neutral” story in between. This ignores the nature of many social groups as comprising subgroups, often but not always sharing feelings of connectedness and purpose. In cases when bounded subgroups are at odds with one another, HME provides little guidance. A contested partisan primary provides such a case. This study takes identity centrality, candidate favorability, and perceived social network homogeneity as measures of partisanship and involvement, hypothesizing relationships between each and perceived bias against one’s candidate and party. Findings show that markers of candidate-focused social identity predict greater perceived bias against one’s candidate during the 2016 primary season, while party-focused identity fails to predict perceived bias against one’s party. This suggests that candidate support identity overrides plain partisanship during primaries, supporting concern that a heated primary might damage general election party unity. Subsequent postconvention findings suggest that the salience of candidate-focused identity fades, while homogeneity of one’s network regarding party support helps to make perceived hostility toward one’s party identity more salient. However, as campaigns become more candidate-centered, the contestation between nested candidate and party identities may grow fiercer.     

Intervention Theatre: performance,authenticity and expert knowledge in politicians’ travel to post-/conflict spaces

ABSTRACT

This article explores the role of official travel activities by politicians to post-/conflict spaces in German foreign policymaking. Starting from the observation that official travel justifications stress the value of authentic insights and unfiltered information, while journeys in practice are meticulously planned and staged, it asks what kind of knowing is possible, how actors make sense of the staged nature of field trips, and how multiple performances create and/or undermine notions of authenticity and first-hand expertise. The article shows that official on-site visits are composed of multiple conscious performances by all actors involved, but that these performances do not undermine the notions of authenticity and expertise. On the contrary, knowledge authenticity—or truth claims on the basis of authentic insights—and related expert authority are produced through travel-as-performance. The emphasis policymakers put on on-site presence and (the performance of) localized knowledge contradicts intervention literature’s generalized finding of a prioritization of technocratic over localized knowledge. The article draws on politics and performance scholarship and authenticity theories in tourism studies to make sense of a wealth of empirical material on the claims, practice and functions of German MPs’ journeys to post-/conflict spaces as part of broader political struggles over policy knowledge.     

Generalized Social Trust and International Dispute Settlement

What determines the success of a peaceful settlement attempt of a border dispute? In order to fully understand why decision makers choose to put an end to an ongoing conflict, it is necessary to consider the social trust levels of the general populations in both states. International conflict settlement requires public support at the domestic level. If a state’s general population perceives the potential dangers of a settlement as too severe, the conclusion of a peace agreement will be difficult. We argue that high levels of social trust allow citizens (1) to favor more conciliatory foreign policies and (2) to be more optimistic about the future behavior of other states. In democratic settings, these public attitudes serve as powerful constraints for decision makers. As a result, high aggregate levels of social trust should be directly related to concession-granting behavior by democracies as well as effective dispute settlement among jointly democratic dyads. We test these expectations with a new aggregate-level measure of social trust and find mixed support for our hypotheses: While trust does not influence the behavior of challenger states, it does have strong effects on democratic target states and jointly democratic dyads.     

A Bridge over Troubled Water: Managing Parties’ Mental Illness in Mediation

One in five individuals in society has or will have a mental illness at some point in his or her lifetime. Conflict resolution theory, however, largely assumes that all individuals operate within the range of behaviors considered mentally healthy. Evidence suggests that professionals who deal with conflict, however, may have to deal with individuals who have mental health problems more frequently than would be the statistical norm. Clearly then, new theories of practice and norms of mediator behavior are needed to respond to the distinctive challenges presented by engaging with those who face mental health difficulty. This paper surveys the research on how people with mental health challenges approach and respond to conflict and provides practical advice to conflict resolution professionals on how to recognize and tailor their approach to meet the needs of these individuals.