适用刑事和解化解矛盾纠纷工作机制探讨

建立健全贯彻宽严相济刑事司法政策的检察工作机制和办案方式,在办理刑事案件中强化化解矛盾的工作。     

De-idealizing the democratic civil peace: on the political economy of democratic stabilization and pacification in Argentina and Ecuador

In the liberal concept of a ‘democratic civil peace’, an idealistic understanding of democratic stabilization and pacification prevails: democracy is seen to guarantee political stability and social peace by offering comprehensive representation and participation in political decisions while producing outcomes broadly in accordance with the common interest of society. This contrasts with the procedural quality and the material achievements of most, if not all, really existing democracies. South America is paradigmatic. Here, the legitimation of liberal democracy through both procedure and performance is weak and yet ‘third wave democracies’ have managed to survive even harsh economic and political crises. The article presents a conceptual framework to analyse historically specific patterns of democratic stabilization and pacification. Analyses of the processes of socio-political destabilization and re-stabilization in Argentina and Ecuador since the late 1990s show how a ‘de-idealized’ perspective on the democratic civil peace helps explain the viability of democratic regimes that systematically deviate from the ideal-type conditions for democratic survival that have been proposed in the literature.     

Pacifying and integrating the favelas of Rio de Janeiro An evaluation of the impact of the UPP program on favela residents

In 2008, to curb the violence in the city and in preparation for its bid to host the World Cup and the Olympic Games, Rio de Janeiro installed the “Unidades de Policia Pacificadora” (UPP) program. The aim of this program is to increase security by restoring state control in the favelas and by integrating the favelas and their residents into the formal city. Based on an extensive literature review and 30 (in-depth) interviews with key stakeholders, including favela residents, this article evaluates the extent to which the UPP program has reached its goals 5 years after it was introduced. It concludes that the UPP program has deeply impacted the lives of favela residents. Fewer incidents of lethal violence have been registered. At the same time, residents generally feel safer, and pacified favelas have been integrated to some extent in the formal city. But these achievements have – literally – come at a price. Baile funk has left the favelas and the increased costs for public services and housing have compelled some residents to move to marginalized parts of the city.     

Criminalising encounters: MINUSTAH as a laboratory for armed humanitarian pacification

ABSTRACT

This article assesses the nexus of militarised humanitarian work, governance and violence in the context of the ‘Mission des Nations Unies pour la stabilisation en Haïti’ (MINUSTAH). It draws on empirical fieldwork in Port-au-Prince and Rio de Janeiro. Brazil’s leading role in this UN mission reinforces the country’s ambitions as an emergent economic and political power on a global stage. Brazilian military and civilian actors base their claim of being uniquely qualified for urban ‘pacification’ efforts on a supposedly deeper cultural sensitivity which they assert to have developed in everyday civil–military encounters in the criminalised peripheries of Brazilian cities. By analysing the conflicting narratives in which the military, police and citizens negotiate these encounters, we argue that they allow for a revealing of the contested and often violent forms in which peace enforcement occurs.     

执行和解协议的效力分析及完善立法建议

执行和解是民事执行的一项重要制度,是当事人意思自治的体现和运用,能有效而及时地化解矛盾、维护社会稳定。执行和解协议的产生和履行必然会对执行程序产生影响。我国民事诉讼法对执行和解协议的效力和救济途径规定得不够完善,给司法实践造成了诸多问题。在对执行和解协议的效力进行分析的基础上针对现行立法提出建议。     

Spectacles of military urbanism in online representations of the Elite Squad of the military police of Rio de Janeiro: a multimodal approach

This paper presents a multimodal analysis of online self-representations of the Elite Squad of the military police of Rio de Janeiro, the Special Police Operations Battalion BOPE. The analysis is placed within the wider context of a “new military urbanism”, which is evidenced in the ongoing “Pacification” of many of the city's favelas, in which BOPE plays an active interventionist as well as a symbolic role, and is a kind of solution which clearly fails to address the root causes of violence which lie in poverty and social inequality. The paper first provides a sociocultural account of BOPE's role in Rio's public security and then looks at some of the mainly visual mediated discourses the Squad employs in constructing a public image of itself as a modern and efficient, yet at the same time “magical” police force.     

中法离婚制度之比较

新法国婚姻法有两个亮点:一是使离婚纠纷平静化,使离婚原因和离婚结果不再有关系;二是加快了离婚程序的步伐。本文根据这些内容与中国婚姻法中的相应制度进行了比较,希望能够为中国婚姻法提供有益的启示和借鉴。     

宽严相济刑事政策在检察工作中的运用

宽严相济刑事政策的精髓肇始于古代刑法思想,新时代赋予了这一刑事政策跨时代的含义.检察机关要从构建和谐社会的内在要求出发,深刻领会宽严相济刑事政策的精神实质,并充分运用这一刑事政策指导检察工作.从现实和构想的角度出发,重点对检察机关在逮捕、审查起诉、起诉以及刑罚执行等阶段应如何运用宽严相济刑事政策作了探讨.检察机关务必运用好这一政策,该宽则宽,当严则严,运用有限的司法资源维护无限的公平正义.     

Interrogating the security–development nexus in Brazil’s domestic and foreign pacification engagements

This article approaches the Brazilian military involvement in the United Nations Stabilization Mission in Haiti and the pacification programme undertaken in Rio de Janeiro favelas under the name of ‘Pacifying Police Units’ (Unidades de Polícia Pacificadora) in order to understand the forms through which a specific security–development nexus is mobilised in those security practices, as well as the policies and priorities which are legitimated by such mobilisations. It is argued that these engagements are marked by a conception of such nexus in which the first element, security, is constructed as the production of public order; and the second one, development, is constantly postponed as a goal, in spite of official discourses which construct it as a priority in Brazilian internal and external engagements. The analysis of these practices may shed light on some of the possible mobilisations of security and development in future Brazilian engagements at home and abroad, especially in the context of the proliferation of UN stabilisation missions.