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。     

诉讼调解制度的反思与展望——以构建和谐社会为背景

诉讼调解制度作为一种纠纷解决机制,对于化解社会矛盾、彻底解决纠纷具有裁判所无法替代的作用。在当前构建和谐社会的进程中,诉讼调解以其便捷、高效等优势,具有无可替代的作用。现行诉讼调解制度还存在“强制调解”、“案结事未了”等一些问题,影响了其效力的发挥,应对诉讼调解有正确的认识,并在程序设计和激励机制等方面加以完善。     

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。     

The limits of mediation in the Arab Spring: the case of Syria

This article investigates the limits of mediation during the Arab Spring by focusing on the case of Syria. It examines international mediation attempts by states, non-governmental organisation, and regional and international organisations. Drawing largely on Bercovitch and Gartner’s framework of mediation outcomes, the study suggests that the directive strategy applied by Staffan de Mistura through the United Nations–Arab League joint effort has achieved the closest outcome towards a full settlement. Mediation in the Syrian crisis has been limited by disagreement among key actors, lack of commitment and of coordinated efforts, questions of representation and legitimacy, and lack of neutrality and of inclusiveness. Despite its limits, mediation has been able to achieve important gains such as the longest and broadest ceasefire, access to the majority of besieged areas, considerable de-escalation of violence, commitment among key actors towards a resolution, and resolution of incidents of hostage crises. Despite its limits, mediation is likely to play an important role vis-à-vis the Arab Spring.     

Conflict Resolution in Mexican American Adolescents’ Friendships: Links with Culture,Gender and Friendship Quality

This study was designed to describe the conflict resolution practices used in Mexican American adolescents’ friendships, to explore the role of cultural orientations and values and gender-typed personality qualities in conflict resolution use, and to assess the connections between conflict resolution and friendship quality. Participants were 246 Mexican American adolescents (M = 12.77 years of age) and their older siblings (M = 15.70 years of age). Results indicated that adolescents used solution-oriented strategies most frequently, followed by nonconfrontation and control strategies. Girls were more likely than boys to use solution-oriented strategies and less likely to use control strategies. Familistic values and gender-typed personality qualities were associated with solution-oriented conflict resolution strategies. Finally, conflict resolution strategies were related to overall friendship quality: solution-oriented strategies were positively linked to intimacy and negatively associated with friendship negativity, whereas nonconfrontation and control strategies were associated with greater relationship negativity.

Changing Relations between Government and Citizen: Administrative Law and the Work of the Australian Commonwealth Ombudsman

This article examines the individual complaint‐taking role of the Australian Commonwealth Ombudsman over a 28 year period between 1977–2005. This study was conceived through a curiosity to determine how a 30 year old administrative law institution is reacting to accommodate a dramatically altered legal, political and economic environment. The suspicion was that, in the absence of legislative amendment to its jurisdiction and role, the Commonwealth Ombudsman must strategically change due to the demands of these external forces. The overall quantitative finding from the data analysis is that the internal strategic direction of the Commonwealth Ombudsman is indeed altering. In terms of dispute resolution it is increasingly using its discretionary powers to turn individual complainants back to government departments/agencies. The data analysis reveals that this administrative law institution is shifting from a reactive individual complaint taker to a proactive standard setter for government administration. This article suggests that this movement may impact upon citizen ‘rights’ or perceptions of their rights to have their individual complaints heard against government. This in turn may have a ripple effect for notions of democratic accountability and the relationship between the citizen and the state.     

From corporatism to lawyocracy? On liberalization and juridification

In 1997 Robert Kagan questioned whether European countries had to fear the coming of American style adversarial legalism. He answered this question with a qualified “no.” Today we are no longer so sure the answer is “no,” even in a country that Kagan considered the antipole of US adversarial legalism, the Netherlands, traditionally characterized by informal and consensual conflict resolution. In the present article we chart a trend of increasing juridification and legalism, that is, more formal and legal conflict resolution, in the Netherlands between 1970 and 2008. The trend is related to major changes in economic governance institutions, which generated a shift from corporatism toward lawyocracy; from power of the associations of civil society toward power of courts, lawyers, and judges. Yet the newly dominant system of governance is modified and merged with elements of the old system, producing a specific Dutch version, which one could call “corporatist lawyocracy.” We identify two types of liberalization as major driving forces: social liberalization in the 1970s and 1980s, followed by economic liberalization in the subsequent decades. If one considers economic liberalization a product of neoliberal “Reaganomics,” the legal changes are in a way an “American export product,” although a different one than the lawyering styles of large international American law firms mentioned by Kelemen and Sibbitt in 2004.     

公司担保中决议形成程序与合同效力认定间牵连关系探析

我国《公司法》第16条规定的是公司对外担保的决议程序与权力划分,与担保合同效力没有直接关系;《合同法》第50条仅能判断越权代表行为之效果归属,也不能作为合同效力认定的直接依据。担保决议形成程序如何影响担保合同效力在两个法条之间并不明晰。公司担保行为区分为内部的决议行为与对外的担保合同,决议行为属意思形成行为,决议瑕疵与不成立均指向法定代表人越权担保。基于利益平衡之考量,应当承认决议在特定情境下的外部效力,课以第三人形式审查义务,确立相对人善意的客观判断标准。相对人非善意又未达恶意串通致使合同无效情形时,可类推无权代理制度赋予公司追认之权利,同时应强调相对人因非善意不能享有撤销权。     

合成大麻素类新精神活性物质AB-CHMINACA的体内与体外代谢研究

目的 通过UPLC-HRMS检测分析体外人肝微粒体模型中合成大麻素类新精神活性物质AB-CHMINACA的代谢物并与一例真实滥用者的尿液样本进行对比,从而对体外人肝微粒体模型预测体内代谢物的一致性进行评价研究.方法 通过建立体外人肝微粒体孵育模型模拟人体体内代谢过程,尿液样本经简单的乙腈沉淀蛋白后利用高分辨质谱(HRM...