劳动力权的民法溯源及其法制化

劳动力权早在个体小生产时期就已得到了民法的默认,在社会化大生产中,劳动力权开始凸现。经济法将全面创造劳动力权,以保障社会化生产的需要。     

简论民事诉讼处分原则之立法模式

处分原则是最能反映民事诉讼特色的基本原则。由于诉讼传统、理论以及观念的差异,各国关于处分原则的立法并不一致,主要有三种模式：大陆法系的＂处分权主义＂、英美法系对抗制下的处分原则、苏联的＂职权干预式＂处分原则。其中,大陆法系的立法模式为中国进一步改革与完善处分原则提供了一个好的范例。     

论民事诉讼程序中的个人主体性——以程序利益与程序主体的关系为视角

国家主体型、国家—个人主体型和个人主体型三种不同类型的程序主体性,反应了诉讼程序从国家控制到个体的人的自由的发展趋势。现代诉讼程序强调程序主体的个人主体性,个体的人应当成为程序独立的自主、自在性主体,这就需要其在诉讼程序中具有独立的属己利益支撑。民事诉讼程序应当淡化国家色彩,以个人的程序利益保障为基点,实现个人的独立性程序地位,进而使民事诉讼程序获得真正的独立性。     

我国民法基本制度生态化探究

生态文明时代要求法律制度进行不同程度的生态化.在各种法律制度生态化历程中,民法制度的生态化起着相当重要的作用.民法基本制度的生态化是民法生态化的重要内容,它包括人格权制度的生态化、物权制度的生态化、合同制度的生态化、侵权责任制度的生态化.这其中,环境人格权是人格权制度生态化的主要内容；生态性用益物权是物权制度生态化的重要组成部分；环境物权交易合同是合同制度生态化的主要方面.以损害风险预防、现实损害救济赔偿、恢复责任承担为切入点,采用无过错责任与过错加重责任并用的原则,贯彻环境损害全程监管与责任追究的理念,对环境污染与生态破坏的源头与过程实行全面的控制与追责是侵权责任制度生态化的基本要素.     

Diaspora and Development? London‐based Nigerian Organisations and the Transnational Politics of Socio‐economic Status and Gender

Diaspora organisations are increasingly being lauded as important actors in the development of their communities and countries of origin. Focusing on London‐based Nigerian organisations and their interventions in Nigeria, this article assesses the particular claims that diaspora organisations reach, benefit and ‘empower’ women and ‘the poor’ at ‘home’. It argues that, while many London‐based Nigerian organisations do connect with and support these groups, they often do so in ways that reinforce rather than transform established gender relations and socio‐economic inequalities. If international agencies are to support the progressive potential of the organised diaspora, it will be necessary to acknowledge the alternative and socially mediated ways in which development might be imagined and enacted both in diaspora and at ‘home’.     

Support for Gay and Lesbian Civil Rights: Development and Examination of a New Scale

This research outlines the development of a psychometrically sound, uni-dimensional scale to assess support for gay and lesbian civil rights. Initial scale development involved examining item-pool responses from 224 undergraduate students. The resulting Support for Gay and Lesbian Civil Rights (SGLCR) scale consisted of 20 items. In a series of studies, the SGLCR demonstrated a stable factor structure, strong internal consistency, test-retest reliability, and construct validity. The relationships between SGLCR scores and participants' sex, religiosity, political ideology, gender role beliefs, and attitudes toward lesbians and gays were significant and in the predicted directions.     

From advocacy to service provision: state transformation and the disability rights movement in Taiwan

This research uses the development of the disability rights movement in Taiwan as a case study to analyze the impact of state transformation, in particular marketization of social welfare policy, on the disability rights movement. First, the institutionalization of the disability rights movement enabled it to expand its organizational structure and become involved in shaping policy. Secondly, when disability rights organizations started to undertake state-funded projects, their focus shifted from advocacy to service provision. Thirdly, competition for limited state-funding gave the organizations led by urban-middle class advocates a significant advantage over small, community-based NPOs and gathered significantly greater resources. Finally, this paper suggests that, in a context in which the state did not provide basic social services for its citizens with disabilities, the institutionalization of SMOs turned advocacy groups into service providers. Although the number of disability civic organizations increased, the voices of advocacy groups were weakened.     

Access to justice for Aboriginal People in the Northern Territory

This article discusses research in the Northern Territory on Aboriginal civil and family law needs. It is based on focus group discussions and interviews with legal services providers and other associated organisations. The article argues that key areas of legal need involve discrimination, housing, child protection, social security, credit/debt and consumer law problems. It further argues that welfare conditionality, particularly as embodied in the NT Intervention and subsequent Stronger Futures policies, has exacerbated the need for legal assistance and advocacy for Aboriginal people.     

Promoting sustainable development through civil society: A case study of the EU’s NSA/LA thematic programme in Kyrgyzstan

The article focuses on the contribution of the European Union (EU) in promoting sustainable development through the involvement of civil society in partner countries. More specifically, it analyses the main features and outcomes of the projects implemented by civil society organizations (CSOs) in Kyrgyzstan under the EU thematic programme Non‐State Actors and Local Authorities in Development (NSA/LA). Despite its importance—this is the only EU programme providing direct support to non‐state actors and local authorities engaged in poverty reduction—to date, there has been very little research on the functioning of this instrument on the ground. This article seeks to fill this gap in the literature by examining the EU’s contribution to sustainable development through a case study on Kyrgyzstan. The study is based on primary data: 10 semi‐structured interviews conducted with the EU‐funded organizations implementing the NSA/LA programme. The NSA/LA projects were analysed by considering two major fields of engagement of non‐state actors in the development process: as service providers and as advocates (Banks & Hulme, 2012). Overall, the organizations awarded EU support were not only focused on fulfilling short‐term needs but also sought to introduce new ways of dealing with poverty and inequality, positioning themselves between the “Big‐D” and the “little‐d” approaches to development (Bebbington, Hickey, & Mitlin, 2008). Nonetheless, the EU‐funded projects were too limited and fragmented to be able to sustain long‐term structural change. Therefore, the EU should place new emphasis on creating synergies between new and old structures at the grassroots level and establishing mechanisms and bodies that could merge and co‐ordinate their efforts. In addition, the calls for proposals could highlight the need to share the lessons learnt by “obliging” the beneficiaries to act as multipliers and to pass on their positive experience to neighbouring communities. Finally, the EU could stimulate the funded organizations to experiment with innovative mechanisms of involvement in the policy‐making process, by making this aspect a mandatory requirement of the projects implemented with its support.     

美国公民教育方法对我国思政教育的启示

美国作为世界上最发达的资本主义国家，其公民教育是成功的，美国公民教育的成功源于其方法的成功。探究美国公民教育方法，借鉴其宝贵经验，对建立一套符合我国实际的思想政治教育方法体系，促进我国思想政治教育的健康发展，具有重要的现实意义。