论精神损害赔偿应纳入刑事附带民事诉讼范围

刑事附带民事诉讼的范围是否应包括精神损害赔偿,一直是一个争议颇多的问题,我们如果从现行法律规定的现实危害性、法理依据、法律依据及历史必然性等方面来论证刑事附带民事诉讼建立精神损害赔偿制度的重要性、紧迫性、必要性及可行性,则可能会取得一些有益的收获。     

论家事案件之执行

家事案件执行具有不同于一般民商事案件执行的显著特点,这类案件的执行,并不仅仅是简单地强制实现判决书上确定的权利,还需要顾及相关当事人的情感和将来良好关系的维持.解决这类案件执行难的问题,必须首先完善我国的现行立法,对家事案件执行设专章加以规定,以便执行人员树立新的执行理念,真正实现家事案件的执行目标.     

非强制性行政行为的增长与公安行政执法

在公共选择理论下,政府行为取决于公民的意愿和选择。或者说,一个负责任的政府是要不断地满足公民的权利吁求的。公众对公安机关直接强制行政行为的反感,促使公安机关转变执法观念,摆正位置,开发和运用多种具有行政指导、行政契约等非强制性的行政方式和服务措施,既达到了公安机关维护社会治安、推行治安管理的目的,又为群众所接受。这是公安行政执法改革与发展的一个重要趋势。     

反侦查行为探析

犯罪分子在作案过程中为了达到转移侦查视线、逃避刑事制裁的目的,或多或少会实施一些反侦查行为,包括消极的反侦查行为和积极的反侦查行为。侦查人员要想找到识别反侦查行为的有效方法,就需要了解反侦查行为的内涵、形成的原因、类型及对策。     

日本诉因制度论略

诉因制度是日本刑事诉讼法借鉴大陆法系职权主义诉讼程序和英美法系对抗主义诉讼程序的一项独创.主要探讨诉因的基本涵义、诉因与相关范畴的关系、诉因在日本刑事诉讼中的运行规则、诉因的主要功能及其对我国刑事诉讼的借鉴意义.在刑事诉讼中,诉因可以协调控诉方、裁判方和辩护方在刑事诉讼中的相互关系,不但有利于制约公诉机关的起诉变更权,而且有利于防止司法权滥用和保障辩护权的有效行使.在当前我国刑事诉讼程序由职权主义向对抗主义转变的过程中,借鉴日本的诉因制度有利于克服我国刑事司法实践中的某些缺陷和弊端.     

集团诉讼制度的价值研究——兼评我国的代表人诉讼制度

价值是反映主体与客体之间需要和满足需要的效应关系的范畴,是深刻认识集团诉讼制度的良好视角和工具.集团诉讼价值是法律价值、民事诉讼价值下位的概念.集团诉讼制度的独特品性在于克服集体行动的障碍,共通性在于体现了在新的社会条件下民事诉讼目的论的发展.     

Preventive action and conflict mitigation in Nigeria’s 2015 elections

Prior to the 2015 Nigerian general elections, there were concerns that the fierce political contest would lead to electoral violence in the country. However, the elections were conducted peacefully, with fewer disputes and election-related deaths than previous elections. This study accounts for the fall in the level of electoral violence in Nigeria and discusses the lessons that Nigeria’s experience presents. It argues that the avoidance of destructive electoral disputes in Nigeria was the result of preventive action taken by the country’s electoral commission, civil society groups, and development partners. The specific preventive actions taken include innovations in election administration aimed at enhancing electoral transparency and credibility, election security measures such as early warning and peace messaging, and preventive diplomacy urging the main candidates and the political elite to embrace peace. The key lesson that can be drawn from Nigeria’s experience is that a well thought out conflict prevention strategy should be an integral part of electoral governance, especially in countries with a high risk of electoral violence.     

Dismissal of strikers and industrial disputes: the 1985–1987 strike and mass sackings at Silentnight

The 1985–1987 dispute at Silentnight bed factories in the north of England was an exceptionally long and bitter strike, lasting for 20 months from June 1985 until February 1987. A total of 346 workers were sacked for taking part in the strike, which gained a high profile with remarkable levels of support and solidarity action, largely due to its emblematic status as an extreme example of punitive treatment of workers taking industrial action in the period immediately following the defeat of the miners in 1984/1985. Workers took lawful strike action in 1985 over the non-implementation of agreed pay rises and compulsory redundancies counter to an existing agreement between the firm and the union, with the company responding to the dispute with mass dismissals. Pickets were maintained at the two factories in question for nearly two years, with the strikers gaining wide-ranging support from across the labour movement, but the company stood firm against the dismissed strikers who were ultimately defeated. Based on archival research and interviews with participants in the strike, the article analyses in detail how the dispute was sustained for so long, the legal context and the weakness of legal protections for strikers in the period, and the widespread political mobilisation and networks of support and solidarity that arose around the strike and in opposition to the policies of the Conservative government of the day.     

New Unionism at the Grassroots: The Amalgamated Clothing Workers of America in Rochester,New York, 1914–29

Labor movements have always found it difficult to reveal and transform the social relations that constitute markets. The growing transnational movements of goods, capital, and services in themselves have therefore not triggered closer trade union cooperation across borders. Transnational collective action also requires conscious choices and a mutual understanding that solidarity across borders is warranted. For this reason, this special issue of Labor History assesses the role that politicization processes play in triggering transnational union action.     

Humanism in the autobiographies of Edward Said and Nelson Mandela: memory as action

This paper discusses the concept of memory as a form of humanist activism in the autobiographies of Nelson Mandela and Edward Said. Mandela and Said were chosen because they dedicated their lives to the cause of freedom in South Africa and Palestine. Their engagement with the political causes of their countries turned into a concern with worldwide struggles for human rights and racial equality. While Mandela emerged as a vital force against apartheid in South Africa, Said was a well-known and influential Palestinian critic and intellectual whose writings tackle the Palestinian struggle for justice within the worldwide experience of imperialism and its binary oppositions of white/black, male/female, superior/inferior. I argue that these autobiographies bear witness to the plight of Black South Africans and Palestinians as both a shared memory resistant to erasure and a call for justice. Mandela and Said used their personal memories and life stories to construct a public reading of the meanings of the events that shaped them. Here I focus on the concept of humanist and political activity in the two autobiographies.