民事抗诉制度公权与私权的冲突及平衡

民事抗诉制度可能影响申诉人或被申诉人的权益,但并非对私权的不当干预。对申诉人或被申诉人权益的影响,可以通过平衡民事抗诉中公权与私权的关系,既要依法适当行使民事抗诉权,追求维护司法公正的价值目标,又要注重维护当事人的权利,努力寻求二者之间的最佳平衡点,实现二者的和谐统一。     

Labour protest in China’s private sector: responses to Chinese communism with capitalist characteristics

Abstract

Building on existing studies of worker activism in formerly communist states, this paper examines the context, nature and consequences of labour protest in China’s private sector – highlighting the specific features that have emerged from China’s unique ‘communist’ political regime and partially privatized economy. As private enterprises have grown in China, private sector worker protests have been common. Three key factors have shaped this activism: (i) a disjuncture between benevolent and protective national laws and the lived experience of workers; (ii) fluctuations in the labour market; and (iii) generational shifts and learning among workers, employers and political authorities. The interplay of these factors has led protesting private sector workers to focus their ire on their employers and on occasion local political authorities, while viewing national political leaders as sources of worker support. These dynamics have had both positive and negative consequences for private sector workers and political authorities. Making comparisons with other authoritarian and communist states, this study adds to current understandings of how specific economic and political configurations engender particular characteristics of labour activism – and how these change over time.     

Impossible protest: noborders in Calais

Since the closure of the Red Cross refugee reception centre in Sangatte, undocumented migrants in Calais hoping to cross the border to Britain have been forced to take refuge in a number of squatted migrant camps, locally known by all as ‘the jungles.’ Unauthorised shanty-like residences built by the migrants themselves, living conditions in the camps are very poor. In June 2009, European ‘noborder’ activists set up a week-long protest camp in the area with the intention of confronting the authorities over their treatment of undocumented migrants. In this article, we analyse the June 2009 noborder camp as an instance of ‘immigrant protest.’ Drawing on ethnographic materials and Jacques Rancière's work on politics and aesthetics, we construct a typology of forms of border control through which to analyse the different ways in which the politics of the noborder camp were staged, performed and policed. Developing a critique of policing practices which threatened to make immigrant protest ‘impossible’, we highlight moments of protest which, through the affirmation of an ‘axiomatic’ equality, disrupted and disarticulated the borders between citizens and non-citizens, the political and non-political.     

Commanding and Controlling Protest Crowds

Abstract

Police and authorities have increasingly adopted "command and control" strategies to the policing of intentionally peaceful protest crowds. These strategies work to close down access to a physical space in which a protest is to occur and thus in turn they effectively restrict the capacity of a citizen to engage in the democratic right of peaceful protest.     

论民事检察权的完善

我国民事检察权是依据列宁的法律监督理论,并结合我国国情确立起来的,适应了维护国家民事法制统一、增强和完善检察机关法律监督职能和保护国家利益、社会利益以及公民、法人的重大利益的需要。完善民事检察权需要平衡几个关系:1、监督民事诉讼同维护法院终局裁判稳定性的关系;2、国家干预和当事人处分权相统一;3、正确处理民事检察权和民事审判权关系,建立监督兼顾公诉的民事检察模式。     

At the Roots of Labour Activism: Chinese and Cambodian Garment Workers in Comparative Perspective

ABSTRACT

In China extensive, co-ordinated strikes such as those that have taken place in Cambodia in recent years remain rare, with most protests initiated by Chinese workers contained inside single factories or industrial zones. Also, while Cambodian workers often mobilise for their interests and broader policy issues, such as the determination of the minimum wage, Chinese workers largely limit themselves to protests against violations of their legal rights. How can these different patterns of labour activism be explained? Through factory gate surveys and interviews conducted during the summer of 2016 in a sample of Hong Kong-owned garment factories in Dongguan and Phnom Penh, this study provides a comparative analysis of the root causes of labour activism in China and Cambodia. In particular, the article focuses on three elements that play an important role in determining labour activism: the expectations of the workers regarding wages; the workers’ perception of the labour law and the legal system; and trade union pluralism.     

浅议民事抗诉案件证据的审查认定

《民事诉讼法》第185条第1款规定,人民检察院对人民法院已经发生法律效力的判决、裁定认定事实主要证据不足的,应当按照审判监督程序提出抗诉,而当前人民检察院在办理民事抗诉案件时对抗诉证据的审查认定上还存在着诸多问题,已影响了抗诉案件质量和改判成功率。针对此种情况,文章明确提出了审查认定抗诉案件证据的具体内容和方法以及完善抗诉案件证据审查制度的相关措施。     

论刑事诉讼中的管辖权异议制度

刑事诉讼管辖权异议是当事人的一项重要的救济性程序权利 ,国外普遍确立了刑事管辖权异议的制度 ,而我国的刑事管辖权异议在立法和司法中都处于缺失的状态。由于管辖权异议是当事人刑事诉讼诉权的体现 ,是获得公平审判权利的重要保障 ,有助于法院裁判权的确定和实现。因此 ,我国应当确立刑事管辖权异议制度。我国刑事管辖权异议的确立 ,应当从基本原则和具体程序上规范 ,形成一套独立的裁判体系 ,当然我们对该制度在我国实施的障碍和配套措施的建立也应予以足够的重视。     

Word on the Street: The Persistence of Leftist-dominated Protest in Europe

Classic studies of protest politics have traditionally defended the dominant left-wing orientation of protesters. However, some recent research has highlighted the general spread of protest by the increasing participation of right-wing individuals. Has this process meant an ‘ideological normalisation’ of protesters? The present article tackles this question by examining competing hypotheses regarding the relationship between ideology and political protest. Through a hierarchical multilevel design, the article tests whether left-wing (or right-wing) supporters are more likely to stay at home when left-wing (right-wing) parties are in power and whether they intensify their protest activities when they are more distant from the government’s ideological position. The article shows that left-wing individuals protest more under right-wing governments than under left-wing governments and yet, they are the group which protest the most also under left-wing governments. Both party mobilisation and values appear to be behind these individuals' greater propensity to participate regardless of the governments' ideological orientation.     

Protest participation and economic crisis: The conditioning role of political opportunities

The economic crisis that started in 2008 has negatively affected European nations to different degrees. The sudden rise in demonstrations particularly in those countries most hard hit by the crisis suggests that grievance theories, dismissed in favour of resource‐based models since the 1970s, might have a role to play in explaining protest behaviour. While most previous studies have tested these theories at the individual or contextual levels, it is likely that mechanisms at both levels are interrelated. To fill this lacuna, this article examines the ways in which individual‐level grievances interact with macro‐level factors to impact on protest behaviour. In particular, it examines whether the impact of individual subjective feelings of deprivation is conditional on contextual macroeconomic and policy factors. It is found that while individual‐level relative deprivation has a direct effect on the propensity to have protested in the last year, this effect is greater under certain macroeconomic and political conditions. Both significant results for the cross‐level interactions are interpreted in terms of their role for opening up political opportunities for protest among those who feel they have been most deprived in the current crisis. These findings suggest that the interaction of the contextual and individual levels should continue to be explored in future studies in order to further clarify the mechanisms underlying protest behaviour.