胜诉方负担民事诉讼费用研究——由深圳中院诉讼费用复核第一案引发的思考

当事人有限度负担诉讼费用和败诉方负担诉讼费用是各国诉讼费用负担规则通行做法。但司法实践表明,机械、绝对地适用败诉方负担诉讼费用规则会产生假性正义而背离公平和正义。在特殊情形下,由胜诉方负担诉讼费用符合法律所追求的公平正义原则,应当借鉴国外民事诉讼费用负担规则基础上,结合我国实体法的规定和具体案例,确定民事诉讼胜诉方负担诉讼费用规则。     

Pride and shame in collective memory of Russian and American youths

This article examines collective attitudes of American and Russian students toward national historical events that elicit pride or shame. The authors use the results of a quantitative questionnaire and analysis of in-depth interviews among students of leading American and Russian universities to identify the temporal localization, the content structure, and the prevalence of either hard or soft power in students’ attitudes of pride or shame. The authors argue that perceptions of the past have been a core component of national identity and may have an impact on citizens’ political behavior in the present. The authors also stress that major differences in young people’s understanding of the past may influence future US–Russia relations.     

World heritage and the local politics of memory: the Miike coal mine and fu no isan

Abstract

This article investigates the complex relations between heritage and memory through an analysis of the UNESCO World Heritage ‘Sites of Japan’s Meiji Industrial Revolution’ and its component Miike coal mine. When discussing this World Heritage Site, scholars and the media have focused on the diplomatic controversy over the history of forced labour between Japan and South Korea, interpreting it as a new example of a dispute over history in East Asia. However, this understanding oversimplifies the relations between heritage and memory. Based on fieldwork research and documentary analysis, this article investigates the diversity and complexity of the collective memory of Miike coal mine from a local perspective. The results show that there is a sharp dissonance between the World Heritage story and some of the ex-miners’ memories, which focus on the negative past, fu no isan. Documentary analysis shows that fu no isan has two different but closely related meanings: negative legacy and negative heritage. Fieldwork research reveals that the various commemorations of fu no isan in the local community, mainly based on ex-miners’ social networks, constitute a form of vernacular memory, independent from the official memory of the World Heritage. Finally, I conclude that heritage can be public memory, rather than just official memory, as long as it is open to plural memories of the past.     

Book review

Abstract

Investigation interviews of children: A guide for helping professionals. By Debra A. Poole and Michael E. Lamb. Washington, DC: American Psychological Association, 1998. 296 pp. ISBN 1-55798-500-6 (hardcover) US£ 39.95.     

Book Reviews

Abstract

Stalkers and their Victims. By Paul E. Mullen, Michele Pathé and Rosemary Purcell. Cambridge: Cambridge University Press, 2000. 310 pp. ISBN 0 521 66950 2 (pb).

Violence: Reflections on Our Deadliest Epidemic. By James Gilligan. London: Jessica Kingsley, 2000. 320 pp. ISBN: 1-85302-842-8 (paperback), €12.95.

Violence, Crime and Mentally Disordered Offenders: Concepts and Methods for Effective Treatment and Prevention. By S. Hodgins and R. Müller-Isberner (Eds.). Chichester, England: John Wiley & Sons Ltd, 2000. ISBN 0-471-97727-6.     

Engaging Conflict History and Memory Across the Taiwan Strait: A Longitudinal Analysis of the Conflict Timelines from Interactive Conflict Resolution (ICR) Dialogues

An analysis of twenty pairs of Taiwanese and mainland Chinese timelines of cross-Strait relations demonstrates a highly dynamic way in which the two societies' conflict memories have evolved over two decades. These timelines were developed in the context of twenty weeklong Interactive Conflict Resolution (ICR) dialogues that the author facilitated. A cohort of civil society delegates from both sides of the Strait, each with five persons, participated in each of the dialogues and produced the timelines. A longitudinal content analysis of the timelines reveals that the participants' experiences of cross-Strait relations have continuously altered their mental frames of the conflict. It also reveals distinct patterns of their recollections. These findings challenge the prevailing practices of conflict mapping and analysis that uncritically presume a static nature of conflict parties' goals. Broader implications of the study include the usefulness of action research and applied practice for methodological innovations and theory building.