民初政体模式失效的宪政文化反思

辛亥革命以革命的方式取缔了封建专制制度的合法地位,制定了资产阶级性质的宪法,设计了资产阶级的政体模式,是中国历史上制度文明的一次飞跃。然而资产阶级的政体模式并没有因为其历史进步性而获得实践的合法性,民初的政体模式以失效而告终。失效的深层原因在于宪政文化没有根基。清末民初广大民众的宪政文化是缺失的,而资产阶级革命派的宪政文化总体上是异化的,这使得资产阶级政体模式因缺乏宪政文化基础而不能成功。     

刑法谦抑之司法实现

刑法谦抑的司法实现是刑法谦抑理念完成从理念到实践转变的重要领域和环节.要实现司法谦押应当在完成司法人员司法谦抑理念培育的基础上,立足于司法体制改革的宏观环境之中,通过体现非犯罪化、非刑罚化和轻刑化要求的司法制度的完善来进行.     

The Sri Lankan Transitional Justice Process: Too Little,Too Late?

ABSTRACT

Three years after Sri Lanka committed to a comprehensive transitional justice (TJ) process through the co-sponsoring of UN Human Rights Council Resolution 30/1, progress on the TJ front has not been satisfactory. In fact, delays in decision-making have hindered progress on transitional justice. First, the nation-wide consultations that were supposed to precede the establishment of the proposed TJ mechanisms lasted for nearly a year. This prevented swift progress at a time when political conditions for TJ were arguably most favourable. In addition, decisions were made to implement the 2015 reform agenda in a way that would not give priority to TJ as a whole and would further delay the implementation of its most controversial measures. These delays have been constructed or exploited by those—including within government—who do not support the TJ agenda. In fact, since 2015, the President as well as ministers have made statements that cast doubt on their commitment to TJ. The government’s lack of genuine interest in TJ was further evidenced by its failure to present a comprehensive plan for the implementation of UNHRC Resolution 30/1 and carry out a public outreach campaign based on such a plan.     

组建民营企业工会的几点思考

目前 ,作为我国社会主义市场经济的重要组成部分的非公有制经济迅速发展 ,在这些非公有制企业中组建工会 ,已成当务之急。在这些企业中工会的组织体制 ,运行方式都有新的特点 ,给工会工作带来了新的课题。     

Reparative development: re-conceptualising reparations in transitional justice processes

Reparations are increasingly seen as potential avenues to address the socioeconomic structural injustices that have affected victims during conflict or authoritarian rule. Scholars, however, have identified serious limitations in these policies, emanating from faulty design, political reluctance, financial limitations and uneven implementation. This article proposes a reconceptualisation of reparation policies by embedding them in a framework of reparative development. A theory of reparative development is outlined by discussing how principles emanating from key rulings of the Inter-American Court of Human Rights can be articulated to provide a conceptual link between transitional justice and development. This article argues that restitution should consider not only past damages but also lost life opportunities. Reparations should be both individual- and community-based, taking into account the supplemental policy actions required to make them both effective and sensitive to existing human insecurities. Finally, they need to involve local and grassroots organisations in their implementation.     

Communicating law,building peace: the pedagogy of public outreach from war crimes courts

ABSTRACT

There has been a growing interdisciplinary concern with the implications of public outreach processes from war crimes trials for new forms of citizenship in the wake of violent conflict. The enactment of such outreach, through seminars, civil society initiatives and workshops, provides a glimpse of the tensions between different conceptions of justice, belonging and rights in the post-conflict period. Specifically, such events constitute a rare public arena in the more fragmented and securitised domain of international legal practices. This paper focuses on a series of public workshops for survivors of wartime sexual violence carried out in Bosnia and Herzegovina (BiH) 2011–13. Drawing on participant observations and open-ended interviews, we argue that such public outreach programmes can be viewed as a form of pedagogy, where the materials, format and arrangement of the events structure the nature of participation and engagement. In doing so we are making two contributions. First, the discussion advances understandings of public outreach as a form of pedagogy, illustrating how practices of dissent, rejection and resistance animate processes of public outreach. Second, the paper illuminates the role of pedagogy as a governmental instrument, reflecting the micro-situations within which individuals are interpellated into the state.     

The unfinished business of perestroika: Latvia's memory politics and its quest for acknowledgment of victimhood in Europe

In the 25 years since the re-establishment of Baltic independence from the Soviet Union, there has been no conclusive public conversation, or “coming to terms with the past” with respect to crimes against Latvian and other persecuted groups under Communism. This paper examines how national politicians, members of the European Parliament in Brussels, representatives of Latvia's Russian-speaking minority, and the Russian government have engaged in a difficult, long-overdue conversation. Conflicting historical narratives about victimhood are at the heart of these disagreements. Special emphasis is given to Latvia's historical narrative, its development over the past 25 years, and the way it challenges Russia's interpretation of history. I argue that Latvian memory politics at the European level are a continuation of Latvia's quest for acknowledgment of its victimhood, thereby trying to finish the process started in the late 1980s when Balts first demanded acknowledgment of human rights violations they had suffered under the Soviet regime. Latvia's methods of transitional justice are examined, arguing that its memory politics at the European level are an extension of steps taken at the national level to come to terms with the past and to increase its negotiating power against Russia's neo-Soviet historical narrative.     

Researching norms,narratives, and transitional justice: focus group methodology in post-conflict Croatia

This article is based on the assumption that norms can help better understand one of the expressivist aims of transitional justice, that of building a new narrative about the past. The main argument is that focus groups, as an interactive method of inquiry, are well suited to investigating how this “judicial” narrative interacts with the official and dominant war narrative in Croatia. Focus groups are more adept at this than other methodological approaches since they can effectively reflect independence of opinion; they lead to more truthful answers through spontaneity; they effectively probe taken-for-granted concepts; and they can more easily overcome distrust in post-conflict societies, especially with ex-combatants. The approach faces new challenges in such a situation since recruitment problems, insider/outsider status, and post-traumatic stress disorder, among other ethical concerns, present problems that often arise due to the group process. The powerful and unpredictable effect of the group dynamic can, therefore, provide a deep exploration of social norms, but it can also cause significant upset among participants. In this instance the methodology explores how widely accepted the war narrative is, how it is constructed, and how important the public believes it is not to question it.     

现代大学制度架构下高校民主管理

我国现代大学制度的核心是"党委领导、校长行政、教授治学、民主管理"。民主管理是现代大学制度的根基。高校民主管理通过党委领导下的校长负责制、教授治学、学术权力与行政权力协调、教代会制度等形式实现。     

契约信守何以可能——契约结构的文化分析

契约就其自身的结构而言,包括内容、形式和守约三个要素.内容是契约的核心,形式和守约是内容的外壳.三者各有其独立价值,相互对立,又互相依存.内容、形式和守约共同组成了一个自足的体系,因此,契约可以自己解释和保护自己,而法律对于契约的保护只是外在的.