我国台湾地区消费者权益司法保护方法简析

消费者权益是一种分散的、弱小R权益,对其进行司法保护需要建立特别的诉讼制度。我国台湾地区借鉴西方国家的先进经验,建立了小额诉讼、选定当事人诉讼、团体诉讼和民事公诉制度,形成了消费者、消费者保护团体和政府共同参与维护消费者权益诉讼的司法保护体系。我们应当借鉴台湾地区的作法,完善我国消费者权益司法保护制度。     

关于中日公务员考录制度的比较研究

我国公务员考录制度建立后,对推动我国政治体制改革和行政活动法制化、规范化、科学化起了重要作用。但是我国尚处于初级阶段的公务员考录制度不能适应社会发展需要的现象日益突出,影响到我国公务员队伍建设的进行和行政体制改革的推行。文章对中日公务员考录制度进行了详尽的比较,借鉴日本的有益经验对进一步完善我国公务员考录制度提出了合理的意见和建议。     

关于民事责任承担中公平责任适用的探讨

公平责任是民法的基本原则,但是在体育竞技比赛中能否适用该原则,我国法律没有明确规定。文章通过具体案列探讨了该原则的使用条件,以及法官的自由裁量权在公平责任的使用上应当受到限制。     

略述民事证据中的非法证据排除

合法的收集证据是一个比较重要的问题。在民事诉讼中要明确证据的合法性,让非法证据排除原则得以充分的发挥作用。在我国民事证据立法中,应当就陷阱取证、偷拍偷录、私人侦探、测谎证据等非法证据排除规则在适用中经常涉及到的问题加以规定,还应该借鉴国外非法证据排除的一些例外情况。     

基于绩效的公务员薪酬制度改革研究

20世纪80年代初,发达国家开始在薪酬体系中大量引入基于绩效的薪酬制度。绩效薪酬改革的方向是精简薪酬体系和下放薪酬管理职能,建立宽幅弹性薪酬体系和绩效薪酬的指标体系,并在薪酬与绩效之间建立密切的关联方式。本文以英国和韩国为例,对绩效薪酬制度进行分析。     

Funding,capabilities and the use of child soldiers

Recent years have seen increased scholarly attention given to the issue of child soldiering. Primarily dedicated to the decision-making calculus of rebel groups, this body of work has generally emphasised supply-side versus demand-side arguments. We contribute to this growing literature by explicitly investigating a previously untested aspect of the latter. Prior scholarship has made vague references to a potential association between economic endowments and child soldiering, including natural resource wealth, but scant empirical attention has been given. We argue that the specific type of endowment has important consequences for the decision to utilise child soldiers. We argue access to and exploitation of lootable natural resources (e.g. gemstones) to be especially likely to promote the use of child soldiers due to their ease of access, the low skills required to harness them and the heightened likelihood that groups will become more profit-oriented. A systematic cross-national investigation of rebel groups provides robust evidence that lootable resources such as diamonds and gemstones are strongly associated with the use of children, while non-lootable resources such as oil are not.     

Coordinating Transitional Justice

Conflict resolution professionals sometimes differ from human rights professionals about the best approaches to transitional justice, particularly with regard to the scope, conditions, and timing of possible amnesties from prosecution for perpetrators of war crimes and human rights abuses. When human rights and conflict resolution professionals work at cross‐purposes, they may work less effectively to end conflict, abuses, and crimes, and to implement peace accords. A consensus among conflict resolution and human rights scholars about which legal norms should govern post‐conflict amnesty programs appears to be developing. Against this emerging legal framework, human rights and conflict resolution professionals should, I argue, develop processes for working together more effectively in the design and implementation of context‐sensitive approaches to transitional justice. These process principles should address the entire conflict period, from escalation through resolution to post‐conflict reconstruction. In this article, I describe a tentative, general framework for coordinating the development of transitional justice programs. This proposed framework is intended to stimulate and guide discussion of these issues among conflict resolution and human rights professionals and scholars.     

Negotiating international civil society support: the case of Ethiopia’s 2009 Charities and Societies Proclamation

ABSTRACT

Since 2005, international civil society support has faced increasing resistance around the world. Ethiopia is widely recognized as a key example of this so-called Closing Space phenomenon. With the 2009 Charities and Societies Proclamation (CSP) Ethiopia has established strict regulations on civil society organizations that, in particular, restrict the ability of local associations to make use of foreign funding and the range of activities allowed for foreign (funded) organizations. This paper traces the process of international negotiations that has accompanied the drafting of the CSP and identifies the consequences of these negotiations for international civil society support in the country. Focusing on the interaction between foreign “donors” and the Ethiopian government, it analyzes (a) what precisely these negotiations have been about, (b) to what extent these negotiations have actually influenced the content of the CSP, and (c) how the CSP as finally adopted has actually affected international civil society support in Ethiopia.     

Power,politics and perception: the impact of foreign policy on civilian–peacekeeper relations

This article responds to a recent call for increased empirical evidence on the ‘local turn’ in the peacebuilding literature and discusses the impact of the international on local consent for peace operations. Using fresh empirical material this article examines the case of the United Nations Interim Force in Lebanon (UNIFIL). It shows how local perceptions of the foreign policies of peacekeeping contingents matter, and how this affects the functionality of the mission. This article highlights the heterogeneity of both United Nations peacekeeping missions and local populations, an issue that is insufficiently discussed in the literature on local engagement in peacebuilding/peacekeeping.     

Points of departure: re-examining the discursive formation of the Hate Crime Statistics Act of 1990

Leung’s article re-examines the political and legislative history of the debates that led up to the passage of the 1990 Hate Crime Statistics Act, in particular the 1980 House committee hearing on Increasing Violence against Minorities and a 1983 U.S. Commission on Civil Rights report entitled Intimidation and Violence: Racial and Religious Bigotry in America. Both identify organized white supremacy as the cause of the nation’s epidemic of racial intimidation and violent bigotry in the late 1970s and early 1980s. Many significant recommendations were made, but data collection became the first piece of legislation to address the national problem of hate violence. Leung seeks to explain why. By analysing the relationship between committee hearings, the key report and the political context of the Reagan administration, he demonstrates how ‘hate crime’ became an object of knowledge, and how its definition had implications for policy development.