我国能动司法若干问题的思考

在当今中国实行能动司法,面临着司法能动与司法克制两种不同司法理念的争论,这场争论直接关系到我国司法体制改革与司法制度建设的历史进程。历史要求我们在中国司法语境下,从法学理论与法律实践的结合上,客观分析能动司法的比较优势,科学做出能动司法的模式选择,深入研究适度能动司法的价值取向。在此基础上,积极探寻我国能动司法的合理途径和科学方式。     

Peace in the Middle East

正Foreign minister’s trip highlights China’s increasing involvement in the region Chinese Foreign Minister Wang Yi took a tour of the Middle East and North Africa from December 17-26,2013,consisting of stops in Palestine,Israel,     

First Generation in Chilean Higher Education: Tension between Access and Inclusion in a Segmented University System

We analysed the Chilean university student selection processes, comparing ‘First Generation’ and ‘Continuist’ students, using the Chilean Higher Education population databases (2000–2015). Findings confirm that 60 percent of participants in the selection process are First Generation students. The data registers an increasing self-exclusion phenomenon. Of the students who did not take the selection test after enrolling, 80 percent are First Generation and 18 are enrolled in a selective university, compared to 44 in the Continuist conglomerate. These differences may be explained by cultural capital in the Bourdieu sense, in conjunction with a diversified, massified and marketalised higher education system.     

Who Will Get the Job? Hiring Practices and Inequalities in the Chilean Labour Market

This article explores the ways in which recruitment and hiring practices can promote and sustain social inequality in a highly neoliberal country: Chile. The article analyses six steps in the selection process. It provides evidence of discriminatory practices in the job market by analysing employers' and recruiters' practices, hiring methods, and the experiences of professionals applying for a job. The research is based on 43 interviews with managers, human resources consultants, and candidates. It uses intersectional analysis to unpack dynamics of inequality in the selection processes in Chile. The findings demonstrate high levels of explicit and severe discrimination in the labour market.     

Moral Teaching and Ethical Expression of Mrs.Warren's Profession

Mrs.Warren' Profession mainly tells how the relationship between Mrs.Warren and her daughter Vivie goes worse and even breaks up in the context of capitalism exploitation and oppression. Along with the ethical line of unaccomplished kinship, this article is to deconstruct its ethical knots of the ethical choice, ethical identity, and ethical confusion through presenting the ethical environment so as to explore its deep-hidden ethical root of unaccomplished good family relation ship.     

DELINQUENT PEERS IN CONTEXT: A LONGITUDINAL NETWORK ANALYSIS OF SELECTION AND INFLUENCE EFFECTS*

In this article, longitudinal social network data are analyzed to get a better understanding of the interplay between delinquent peers and delinquent behavior. These data contain detailed information about the social networks of secondary school students from the same grade, their delinquent behavior, and many relevant correlates of network formation and delinquency. To distinguish selection and influence processes, a method (Simulation Investigation for Empirical Network Analyses, SIENA) is used in which network formation and changes in delinquency are simulated simultaneously within the context of other network processes and correlates of delinquency. The data and the method used make it possible to investigate an unusually wide array of effects on peer selection and delinquent behavior. The results indicate that similarity in delinquency has no significant effect on the selection of school friends when other network dynamics are taken into account. However, the average delinquency level of someone's friends in the school network does have a significant, although relatively small, effect on delinquent behavior of the respondents, beyond significant effects of changes in the level of self‐control and morality. Another peer‐related change, leaving or joining informal street‐oriented youth groups, also appears to have a substantial effect on changes in delinquency.     

论“以德为先”选用干部思想的发展沿革

选用干部"以德为先"思想经历了一个发展沿革的过程。在这个过程中,毛泽东提出了"任人唯贤"、"德才兼备"、"又红又专"思想,陈云提出了"德才并重、以德为主"思想,周恩来提出"政治上可以信任是挑选干部的先决问题",邓小平提出干部队伍建设的"四化"方针并强调"首先是要革命化",江泽民提出以"讲学习、讲政治、讲正气"促使干部立德,胡锦涛明确提出坚持"德才兼备、以德为先"用人标准。     

Dimensions of Chinese foreign conflict and cooperation: A research note

Key mediation attributes, such as mediating actors, the strategy they choose, and previous mediation experiences, are widely thought to influence the nature of a conflict management outcome. But how and when these features shape outcomes is not a straightforward matter, and a standard analysis of these factors does not lead to their widely anticipated results. Why? We develop a new analytical framework that argues that a dispute's intensity alters the conflict management processes. Furthermore, in order to observe this variation, we also need to expand the traditional, dichotomous notion of conflict management outcomes (success or failure) to include a fuller range of observed results. Using the most recent International Conflict Management data set and our new analytical framework, we analyze the effect on conflict management outcome of mediator (a) identity, (b) strategy and (c) history. We find that directive strategies and international mediators are effective in resolving high intensity conflicts, procedural strategies and regional mediators are effective in resolving low intensity conflicts, and that mediation history always affects resolution. Our results have implications for both the study and practice of international dispute mediation.