论我国诉讼与诉讼外纠纷解决方式的有机衔接

建立多元化纠纷解决制度，是构建和谐社会的必然要求，是在改革过程中有效化解人民内部矛盾的有效方式，是市民社会和政治国家有效分离的途径，是党和国家尊重人权、重视民意、保护公民自治权利的重要方式。通过传统纠纷解决方式与现代纠纷解决方式的结合，法律与道义、宽容、情感等价值的渗透，公权力和意思自治的分配，法律职业共同体和市民自治团体的互动，使各种机制形成合力，将纠纷彻底化解，最终构建一个民主法治、公平正义、诚信友爱、充满活力、安定有序的和谐社会。     

以院党组集体接待日为载体 深入推进社会矛盾化解

随着经济的快速发展,人民群众的利益诉求逐年增加,为畅通群众诉求渠道,最大限度地化解社会矛盾,我院以工作公开透明为出发点,以群众满意为落脚点,从2008年2月14日开始,坚持每周五院党组集体接待上访群众,共接待上访群众近千人次,息访率达99%,全院越级访同比下降90%,收到了明显效果。     

金融消费者概念与完善金融消费保护

本文从金融消费者概念入手,阐述了金融服务消费者保护监管的理论基础及重点国家的金融保护实践,通过对发达国家或地区在金融服务消费者保护的立法及监管机制进行比较分析,提出改善我国金融服务消费者保护监管的政策及法律建议。     

股东会决议无效的公司法解释

股东会决议无效是公司法上的特殊现象,在立法上宜做缜密细致的特别规定。然而,公司法和“公司法解释四”表述简约,在决议无效判断标准上诱发众多理论和实务分歧。我国就股东会决议效力规制,经历了从英美法向大陆法模式的转型。前者以1993年公司法第111条为代表,关注对股东会决议实施的控制;后者以公司法第22条为核心,强调对股东会决议形成的控制。在现行法下,对股东会决议无效规则的解释,不应采用概念法学分析路径,不宜搬用法律行为规则或侵权责任法的分析路径,应当尽力回归公司法解释路径,也即,斟酌公司关系的安定性、决议形成的程序性和效力控制的时间性,达成维护公司关系安定性与消除决议违法性的双重目标。在认定股东会决议违法无效时,应当从决议无效的本质出发,重视决议无效与撤销规则在适用中的交叉和互动,将违反公司本质、违反公司民主参与规则、违反强制性规定和违反公序良俗,作为股东会决议无效的一般法定事由。     

EXPANDING COLLABORATIVE DIVORCE THROUGH THE SOCIAL SCIENCES

Since collaborative law was first proposed, collaborative practitioners have expanded its concepts and methods as it has grown in acceptance by professionals and the public. This article addresses how collaborative law can further expand its theoretical and practical base by drawing from social science perspectives on negotiation, conflict resolution and third‐party interventions. It also explores how collaborative practice draws upon two prevailing models of negotiation, the strategic problem‐solving and the social‐psychological model, and demonstrates how tools from each model can be used at different points in a collaborative case's lifecycle.     

Ways of Handling Conflict: What We Have Learned, What Problems Remain

This article canvasses the principal achievements of the past twenty-five years in alternative dispute resolution and addresses some of the current challenges and how they might be addressed.     

流动中的乡村纠纷

城乡间的巨大流动瓦解了中国乡村的传统秩序,冲破了差序格局的边界,个体得以迅速崛起。流动所带来的个体化广泛渗透入社会领域、家庭结构和私人空间之中,它直接决定了村民生存的逻辑,同样也决定着面对纠纷时的立场、观点、方式与解决办法。这种国家与农民之间关系的巨大变化也消解了乡村基层解纷组织的功能,导致乡村纠纷解决上的乱象局面。调解因此失去了其固着的组织结构,也随之丧失了其神奇的效力。在离土情境下,原有的"结构性调解"蜕变成为"尝试性调解"。     

The African renaissance and the Caribbean

In May 2010 South African President Jacob Zuma will have been in office for one year. During this time, the Zuma administration has been far less ambitious in its foreign policy than previous administrations. However, South Africa is not in a position where it is able to withdraw from foreign engagement, as regional issues — such as Zimbabwe, the Democratic Republic of Congo (DRC) and Swaziland — continue to demand attention. The Zuma administration's approach in the future, in terms of both substance and style, will need to be informed by lessons from past engagement, including South African peacekeeping efforts in countries such as the DRC and Burundi, and South African mediation efforts in countries such as Angola, Côte d'Ivoire and the Comoros. Certainly, South Africa's record of success in taking on international responsibilities over the past 10 years has been mixed, but there is scope for past experience to shape future engagement positively. Indications of this can be seen, for example, in Zuma's efforts to redress former President Thabo Mbeki's clumsy mediation efforts in Angola by deciding to make his first state visit as South Africa's president to Luanda. Zuma's approach to Zimbabwe could build on the foundation set by Mbeki's long engagement with that country.     

South Tyrol's changing political system: from dissociative on the road to associative conflict resolution

South Tyrol (Italy), with its three officially recognized language groups (Germans, Italians and Ladins), is a successful model of how a minority problem can be solved. It is based upon the principle of dissociative conflict resolution, which means separating the language groups as much as possible between themselves, as well as the principle of consociational democracy, which focuses primarily on the cooperation between the language groups' elites. In the last few years it has been observed that while the institutional frame has not changed, society has, thereby starting to undermine the existing political and institutional system from below. This concerns mainly the ethnic division, which is being questioned more and more by civil society, as well as aspects of cooperation between the elites. As a consequence of this process, South Tyrol's autonomy is moving toward further integration, with the latter again translating into strengthening the two factors of territoriality and identity.     

What Can We Learn from a University that Rewards Faculty Practice?

What conditions, including standards for promotion and tenure, should we be cultivating at universities if we want scholar practitioners (or pracademics) in conflict‐related fields to thrive in academic settings? This article examines the Center for Justice and Peacebuilding at Eastern Mennonite University as an example of “positive deviance” — a university and an academic program that wholeheartedly support faculty members who engage in extensive practice, including long‐term involvement with peacebuilding processes. Three conditions — location, culture, and the application of peacebuilding strategies within the university — have given rise to and continue to support this system even as the university embraces a commitment to increasing scholarly productivity by faculty members.