试论我国刑事申诉复查程序之建构

申诉复查程序是申诉再审程序启动的必经程序,我国刑事诉讼法尚无明确规定,以致在实践中缺乏可操作性,弊端突显,文章指出应建立我国的申诉复查程序,并提出了具体建议。     

The legal education of British Army officers, 1860–1923

Abstract

Most of the published works of Petrus Gudelinus (1550–1619), professor at the Louvain Civil Law Faculty, concern the public law. In his ‘commentaries’ on the Novellae and the Libri feodorum, he did not limit himself to the learned law and classical examples but also discussed the laws and customs of his own days. The same is true of his little-known De jure pacis commentarius, which, though formally presented as a commentary on the Pax Constantiae from the Authenticum, is a treatise on issues from current peace-treaty practice. In the most interesting part, Gudelinus addresses the problem of private property and compensation for damages. On this point, his work is more concurrent with contemporary practices than Grotius’ De jure belli ac pacis libri tres (1625).     

Economic partnering with the poor: why local governments should work with community-based development organizations to promote economic development

Much of conventional economic development ends up as a transfer of wealth from the public sector to successful firms. Instead, local governments would be better off working to support the efforts of community-based development organizations to expand the economic pie for those most in need. Suggestions are made of ways to bring about equity development programs that would help those most in need rather than merely subsidizing established businesses.     

Reaffirming the value of the image and its social implications: Shlain and Lacan

Abstract

This article focuses on the issue of the reaffirmation of the value of the image from the perspectives of Shlain's startling uncovering of a connection between the historical rise of alphabet literacy and, concomitantly, patriarchy, on the one hand, the place of images which, at first blush, seems to indicate a negative evaluation – in poststructuralist, Jacques Lacan's psychoanalytical theory of the subject, on the other. Both perspectives give rise to a number of questions, which I shall explore briefly.     

Conditioned Networking: Swiss–EU Relations in Transport

This article addresses the structural characteristics of the interactions between Switzerland and the EU in the transport sector, i.e. transport by air and land. More precisely, it is focused on two different aspects of this relationship: first the modes of coordination between Switzerland and the EU according to the concept of external governance and, second, those conditions that make inclusive patterns of interaction more likely. The central finding of this case study is an expansion of both the regulatory and organisational boundary in both cases. This shift finds expression in the incorporation of Swiss actors into a variety of networks that, at least in some cases, allow Swiss actors to shape EU policy making. The actual patterns of interaction are influenced by a number of factors, including the type of governance inside the EU that facilitates the inclusion of third parties in EU external governance and the problem structure that is characterized by coordination rather than enforcement problems.     

Best Friends’ Discussions of Social Dilemmas

Peer relationships, particularly friendships, have been theorized to contribute to how children and adolescents think about social and moral issues. The current study examined how young adolescent best friends (191 dyads; 53.4 % female) reason together about multifaceted social dilemmas and how their reasoning is related to friendship quality. Mutually-recognized friendship dyads were videotaped discussing dilemmas entailing moral, social-conventional and prudential/pragmatic issues. Both dyad members completed a self-report measure of friendship quality. Dyadic data analyses guided by the Actor-Partner Interdependence Model indicated that adolescent and friend reports of friendship qualities were related to the forms of reasoning used during discussion. Friends who both reported that they could resolve conflicts in a constructive way were more likely to use moral reasoning than friends who reported that their conflict resolution was poor or disagreed on the quality of their conflict resolution. The findings provide evidence for the important role that friendship interaction may play in adolescents’ social and moral development.