论民事抗诉对实现司法公正的价值

司法公正是社会主义法治内涵的核心价值,它直接关系到公民的人身、财产安全和社会的稳定与安宁.民事抗诉制度对于实现司法公正具有重要的价值,具体表现在:它能有效地监控法官的自由裁量权,有效地节省司法资源,克服司法地方化.正因如此,在我国目前条件下,民事抗诉制度只能不断完善与加强,决不能削弱,更不能废除.     

Does counter-mobilization contain right-wing populist movements? Evidence from Germany

Right-wing populist (RWP) movements have been on the rise in Western democracies. Outside of party politics, such movements regularly organize demonstrations against political elites and minority groups. At the same time, civil society coalitions have mobilized against these movements. Yet we know little about the effect of counter-demonstrations on RWP protest activities. We derive competing theoretical expectations from previous work. On the one hand, counter-mobilization reduces mobilization because the original movement is less likely to achieve its goals (expected utility/costs). On the other hand, clashes and standoffs between opposing movements facilitate mobilization through polarization and anger (identity/emotions). We empirically analyze movement–countermovement dynamics using a new city-level event dataset on street protests by the German Pegida movement and its opponents. In our quantitative analysis, we investigate how counter-mobilization is associated with the onset of Pegida protests, their intensity in terms of participant numbers, and their demobilization. Counter-mobilization does not prevent protest onset, but large counter-demonstrations are associated with larger subsequent Pegida protests, and violence against Pegida supporters reduces the likelihood that they will stop protesting.     

Convergence repertoires: anti-capitalist protest at the 2010 Vancouver Winter Olympics

This article introduces the term ‘convergence’ in order to explain a distinctive repertoire of protest events in which the following are present: (1) activists with an ideologically anti-capitalist orientation; (2) engage in property destruction; (3) travel from outside of the site of the protest event; and (4) solicit a determinable police response. Convergences have emerged as a subset of the alter-globalization movement since the ‘Battle in Seattle’ in 1999. Convergences have since emerged in resistance to meetings of global financial institutions, political primaries, and recently, the Olympic Games. We examine the logic that activists use to weave resistance to these disparate targets together. In this article, we arrive at this finding inductively, paying particular attention to convergence events at the 2010 Vancouver Olympic Games. Narratives around convergence repertoires allow activists to link seemingly disparate actors with similar and predictable performances.     

Back to Basics Mexican Style: Radical Catholicism and Survival on the Margins1

Abstract— The significance of radical Catholic movements among the urban poor in Latin American cities has been the subject of much debate over recent years, though Mexican cases have received less attention. This paper argues that their practical, material objectives cannot be understood in isolation from the holistic religious and moral community in which participants project for themselves. It is also argued that the social justice sought within the base communities is as much a product of a long, if varied, radical, Christian tradition as it is of the particular circumstances of political and economic marginalisation in contemporary Mexican cities.     

后单位制时期街区集体抗争的产生及其逻辑——对一次街区集体抗争事件的实证分析

现有研究认为,虽然在单位制时期的街区经常看到的是强势的国家和原子化的居民,但自20世纪90年代中期以来,城市基层社会中一个突出现象就是维权性集体抗争的兴起.以发生J市的一次"垃圾压缩站"事件为例,对以上问题进行了讨论.并指出,后单位制时期街区集体抗争包括如下三个层面的逻辑一是通过媒体声援将特定的地方性问题变成公共话语;二是运用说服性沟通策略使抗争行动合法化;三是建构共识性危机使潜在动员者变成实际参与者.最后将街区集体抗争与乡村集体抗争作了简略比较.     

民事抗诉制度的尴尬

2007年修改的《民事诉讼法》及相关司法解释未从根本上完善民事抗诉制度。法学界关于民事抗诉制度的争论一直未达成共识。制度缺陷和理论争辩使民事抗诉制度陷于存与废的纠结之中。民事抗诉制度仍有存续的必要;强化之路在于民事抗诉权与刑事检察权的有机结合。     

Irish civil society: rearranging the deckchairs on the Titanic? A case study of fighting Irish social security retrenchment

Examining the politics of Irish responses to crisis-related social security cuts gives insight into Irish agency and how crisis has shaped the contours of Irish civil society. Despite assertions of lack of protest, Irish retrenchment was resisted and sometimes partially defeated. Using political sociology frameworks to explore interactions between institutional, ideological and interest variables in three case studies of defending cuts enables analysis of resistance strategies. There are tensions when short-term defensive resistance strategies undermine or limit offensive political coalition-building that might offer greater long-term solidarity and more sustainable resistance to intensification of the neoliberal Irish welfare state.     

Networks and campaigns but not movements: collective action in the disciplining Chinese State

Popular protest, civil society organizing, and non-governmental organizations have become notable features in China’s socio-political development. A mounting body of research has documented both opening opportunity structures and remaining restrictions when it comes to collective action within the authoritarian state. However, given the wide range of definitions and interpretations that are at play in the literature, it can be difficult to distinguish between different forms of collective action and determine which actions represent actual movements. This article argues that a refocus towards the basic components that constitute movement action can provide more clarity and help explain the limitations, as well as the opportunities, that surround collective action within authoritarian states. To illustrate, the article studies the organizational growth, networking, and collective action that have occurred in connection with AIDS in China. It finds that political restrictions and other coordination challenges prevent the mobilization of actual social movements.     

Regulatory dynamism of environmental mobilization in urban China

In China, urban middle class mobilization against potential pollution risk has become increasingly common. This article examines this phenomenon through a detailed case study of a 2009 anti‐waste incinerator campaign in the Panyu District of Guangzhou, which culminated in a sizeable public protest and government U‐turn. This episode revealed tension between the narrow, state‐centered regulatory model fixated on end‐of‐pipe pollution control, and a much broader decentered approach advocated – and practiced – by project opponents, which incorporated public consultation and much greater emphasis on upstream waste reduction and sorting. In the process, the Panyu campaign progressed beyond a case of “regulation by escalation,” whereby beneficial regulations are belatedly enforced following populist pressure. Instead, it transformed into an open dialogue between a plurality of actors, including citizens, journalists, experts, and officials, about what regulation should constitute and who should determine acceptable levels of risk. By focusing on the processes through which regulatory issues emerged and changed during the Panyu campaign, this article highlights the regulatory dynamism of environmental mobilization in a context of regulatory uncertainty, and campaigns against “locally unwanted land uses” more broadly.     

对我国民事抗诉制度的反思与重构

关于民事抗诉制度,学界和司法界长期存在“废”、“立”两种针锋相对的观点。本文认为,现行民事抗诉制度的确存在不少问题,但这些问题的根本原因在于,现行民事抗诉程序是由两个性质完全不同的程序——民事抗诉程序和民事再审程序——“组装”而成的,严重违反了法理和程序设计的规则。本文认为,要使民事抗诉制度摆脱目前的困境,必须将民事再审程序从现行民事抗诉程序中剥离出去,并对民事抗诉程序进行重新设计。