试析我国宪法权威弱化原因及解决途径

宪法在现代国家起着至关重要的作用,其权威地位无须置疑,而我国由于宪法宣传力度不够,护宪机制不完善,封建专制思想的影响及市场经济不发达等原因弱化了我国宪法的权威性。这些原因的存在又与宪法作为根本法的地位相悖,有鉴于此,强化宪法宣传教育工作;处理好党法关系;完善宪法监督机制;加强宪法配套立法工作,尤其重视农村民主实践,是树立和加强我国宪法权威的有效途径。     

INSTITUTIONALIZATION OF MEDIATION

Mediation has evolved, grown, and been accepted within our society from preschools to doctoral programs and in courts, legislatures, and private industry. The passage of the Uniform Mediation Act, the birth of the Association of Conflict of Resolution, and the involvement of government bodies in the regulation of mediators indicate the importance of the institutionalization of mediation within every aspect of our society. This article focuses on a few of the hot issues currently swirling in the field raising questions for practitioners, researchers, and others involved in shaping access to conflict resolution policy and the future of the mediation profession.     

Creativity in Court‐Connected Mediation: Myth or Reality?

In this study, we examined creativity in court‐connected mediation. We analyzed 129 mediated agreements from civil cases in Norway and Denmark and compared the outcomes with the parties' original claims to determine whether the agreement addressed only the disputants' demands or contained other elements. If the mediated agreements contained elements in addition to the original claims, we considered them to be “creative.” We devised a creativity scale and found that approximately two thirds of the cases contained creative elements and one quarter of them contained more than five creative elements. We then sought to determine which aspects of the mediation promoted creativity by looking at a variety of mediation characteristics (length of mediation, characteristics of the parties, etc.). We found that lengthier mediations tended to feature more creativity as did cases that involved two private individuals rather than businesses. Cases whose issues involved inheritance as well as the division of property following divorce seemed to foster the highest levels of creativity. Finally, we found that the amount of money at issue also seemed to be relevant: the highest levels of creativity were found in cases in which more money was at stake. In this article, we also discuss the implications of our findings for future research, practice, and training.     

Procedural Justice and Conflict Management at School

In this research, we explored the contributions of perceived procedural justice (PPJ) to the conflict management behaviors of adolescents when they experience conflict with their teachers. We tested an extensive model to determine how PPJ contributes to conflict management. We also extended research on PPJ to examine its impact on adolescents. Our results, acquired from a large and diverse sample of 256 high school students, indicate that PPJ had an impact on adolescents' approach to managing conflicts with their teachers. Students who perceived that their teachers' decision processes were just were less dominating and more avoiding, obliging, and compromising. In addition, we found that students' perceptions about the legitimacy of their teachers' authority mediated the relationships between PPJ and conflict management style. This study contributes to the rather scarce research on PPJ's role in conflict management and should be useful for educators searching for constructive, relationship‐based tools for conflict management.     

Assessing the impact of EU governmentality in post-conflict countries: pacification or reconciliation?

European Union (EU) interventions in conflict countries tend to focus on governance reforms of political and economic frameworks instead of the geopolitical context or the underlying power asymmetries that fuel conflict. They follow a liberal pattern often associated with northern donors and the UN system more generally. The EU's approach diverges from prevalent governance paradigms mainly in its engagement with social, identity and socio-economic exclusion. This article examines the EU's ‘peace-as-governance’ model in Cyprus, Georgia, Palestine and Bosnia and Herzegovina. These cases indicate that a tense and contradictory strategic situation may arise from an insufficient redress of underlying conflict issues.     

社区矫正的制度困境及解决路径探析--以福州市为考察视角

社区矫正起源于19世纪中期英美等国家。随着我国改革开放和司法体制机制工作改革的推进,社区矫正成为我国刑罚执行制度的重要内容,并构成中国特色社会主义司法制度的有机组成部分。自2003年在北京、上海等地开展试点以来,从“试点”到“扩大试点”再到“全面试行”,历经10年,成效显著。针对目前司法实务中存在的制度困境,应从完善社区矫正法律体系,培育正确刑罚执行观念,健全社区矫正执行机制,丰富社区矫正工作方法,加强社区矫正队伍建设等方面着手,以促进社区矫正制度之完善。     

Institutional Models for Track Two Interventions

Conflict resolution as an academic field was built by pioneers like John Burton on the idea that conflict resolution academics must accomplish three basic interlocking tasks: conduct cutting‐edge research, educate students, and make a positive contribution to the real‐world work of practitioners engaged in resolving actual conflicts. Over time and as the field has grown, so have the demands to produce research deemed rigorous enough according to increasingly competitive and rigid traditional standards and so too have the demands of teaching growing numbers of students. Research and teaching commitments thus diminish the time and support available to engage in practice. In this article, I consider those pressures within universities and also consider the options available to conflict resolution scholar–practitioners outside the traditional university     

The Blockade on Qatar: Conflict Management Failings

ABSTRACT

Current tensions in the Gulf region highlight the persistence of crises and conflict. A number of states within the area now regularly engage in interventionist actions that challenge previously held norms of sovereignty and non-intervention. Fragmentation characterises what were once considered fairly robust structures of unity and enduring regional organisation. Theoretical norms that presuppose non-intervention are tested by new forms of coercion and interventionism among Gulf actors that exacerbate rather than resolve security dilemmas. In turn, this highlights the inadequacies of normative models of conflict management and resolution, and in particular mediation. These developments are examined in the case of the blockade against Qatar instituted by Bahrain, Egypt, Saudi Arabia and the United Arab Emirates in June 2017.     

Oslo and Its Aftermath: Lessons Learned from Track Two Diplomacy

Since the collapse of the Oslo peace process and the violence that followed, many scholars have reflected upon the Israeli–Palestinian peace process. Most of this analysis has focused on official negotiations without considering the substantial role that unofficial peace efforts have played in peacebuilding, both prior to and after Oslo. This article, in contrast, seeks to better understand the application of “track two” diplomacy to the Israeli–Palestinian case. It reports on a self‐reflection effort by numerous Israeli–Palestinian peace practitioners to better understand what has worked, what has not, and how new initiatives could be more effectively organized and carried out in the future. The research presented is based on an inventory of seventy‐nine track two projects that occurred between Israelis and Palestinians between 1992 and 2004, personal interviews with many of those who organized and oversaw these projects, and two focus group meetings that brought together a total of forty practitioners. In this article, we seek to better understand two issues: (1) how track two initiatives have changed in scope, organization, and intent; and (2) how track two practitioners have sought to disseminate their work beyond the participants of those initiatives. Our findings present an overall picture of the Israeli–Palestinian second track practice and identify a number of trends and common types of practice. Among the trends we have identified are the following: during the peace process years, more track two initiatives were undertaken with elite/professional participants than with representatives of the grassroots, but in the subsequent decade‐and‐a‐half, Israeli–Palestinian grassroots, track two initiatives gradually replaced senior‐level track two exchanges; most of the grassroots initiatives we studied were relationship focused, whereas those involving elite participants are outcome focused; the track two community subscribes to a set of theoretical propositions about which conditions and contexts facilitate the transmission of track two insights and ideas to the political process, but these propositions have yet to be validated; and track two specialists do little strategic planning about ways to most effectively transfer track two insights and ideas to the political process. Our research also identified four distinct, but not mutually exclusive, approaches to practice: the psychological, the constructivist, the capacity building, and the realistic interest.     

加强和创新社会管理积极构建和完善多元化纠纷解决机制

构建和完善多元化纠纷解决机制是加强和创新社会管理的必然要求,是转型期中国社会治理面对的重大政治和法律课题.目前,我国已有的过分强调以诉讼方式解决纠纷的机制已经不能适应多元化社会发展的要求,为此,应当进一步明确人民调解的职能定位,逐步扩大人民调解的工作范围;正确定位行政机关在纠纷解决中的特殊职能,提升行政机关处理社会矛盾...