试析刘安冤案

陈广忠认为,史书所载刘安"谋反"案为冤案,刘安的自杀有其多方面、多层次的原因.     

刑事和解制度研究

我国发达地区法院系统率先试行刑事和解制度,引发了对该制度公平性和合理性的广泛争议。刑事和解是20世纪70年代西方出现的一种刑事思潮,体现了刑事诉讼价值的多元化趋势,并且在很多国家已经成功的制度化,成为刑事诉讼程序外一种重要的纠纷解决机制。结合我国当前司法现状和基本国情,在一些现有的法律制度中融入刑事和解制度基本的"和解"和"恢复正义"的精神,有利于弥补我国刑事法律制度体系的不足,促进司法和谐。     

The Pinochet case: cosmopolitanism and intermestic human rights

This article explores the Pinochet case, widely heralded as a landmark, as a case of 'intermestic' human rights that raises difficult normative and empirical questions concerning cosmopolitan justice. The article is a contribution to the sociology of human rights from the perspective of methodological cosmopolitanism, developing conceptual tools and methods to study how cosmopolitanizing state institutions and cultural norms are inter-related. The argument is made that in order to understand issues of cosmopolitan justice, sociologists must give more consideration to political culture.     

试析我国的民事再审制度

我国现行的再审制度面临的是诉累的危机,启动这一程序必须要有严格的限制条件,对改变生效裁判的再审应设定严格的程序,将非常救济控制在“极端例外”的范围之内。     

论中国古代的宗族刑法

中国古代宗族刑法助长群体意识与道德标准入律,忽视公平与正义,破坏国家法治统一,侵犯国家司法权,有违刑法保障人权机能与刑法保护秩序机能。司法实践中,动用“家法”和私刑代替国家司法权、煽动“民愤”等干扰司法活动的现象以及宗派争诉、情胜于法等宗族刑法观,是对国家司法权的挑衅和破坏,其消极作用不言而喻。     

论佘祥林规则

广为人知的佘祥林冤案,折射出我国当前刑事司法的弊端:缺失司法公正理念,不当行使司法权力,刑事法律制度不健全.以佘祥林案为戒,借鉴美国的米兰达规则,构建符合我国国情的佘祥林规则,对于我国的刑事法治是具有重要意义的事情.我们初步设计的余祥林规则为:尊重和保护犯罪嫌疑人、被告人人权;实行无罪推定,告知犯罪嫌疑人在讯问时有权保持沉默;赋予犯罪嫌疑人、被告人及其辩护人更多权利,实现司法正义.     

A praxis and Research Agenda for Multicultural Human Services Organizations

Human services organizations in the United States are currently faced with the problems of a diminishing and shifting resource base coupled with increasing demands for services. In addition, national demographic changes with increasing social diversity, and a rise in racial, ethnic, gender and other group-based tensions have posed special challenges for human service organizations. By tracing the history of social work approaches to working with ethnic minorities, this paper argues that responses to environmental flux have in fact been inadequate in addressing issues of social inequalities and injustices. We articulate a vision of socially just and diverse human services organizations that are both empowering and empowered. We call these Multicultural Human Services Organizations (MHSO). We spell out praxis and research agendas that continue the social justice-social diversity mission that is central to our vision.     

Assessing the role of hope in processes of transitional justice: mobilizing and disciplining victims in Sierra Leone’s truth commission and reparations programme

Existing studies have not been able to take the role of hope in processes of transitional justice (TJ) into account, as they focus on how TJ changes institutions and the relationships between individuals and therefore conclude that failed processes of TJ have no effect. In contrast to this approach, a different understanding of power as productive helps to understand how TJ-instruments create hope and which effects this has on how people conceive of themselves and the world they live in. A framework for analysing such processes is introduced that brings together individual meaning-making of hope and hopelessness with the role of the state in the provision of hope in the context of uncertainty. Transitional justice is therefore discussed as a performative project that aims at triggering specific emotions among the persons taking part in it and the broader society and at creating a vision of a better future based on social equality through the protection and fulfilment of human rights. By applying this framework to the case of the Sierra Leone truth and reconciliation commission and the reparations programme, it is argued that hope had a mobilizing as well as a disciplining function in these instruments. The promise of support mobilized victims to provide statements to the truth commission, and therefore enabled the commission to work in the first place. However, it failed in its attempt to discipline victims in their feelings about the past violence. The reparations programme constituted the embodiment of these promises, but victims interpreted its inadequate benefits and bad management as a proof that the state still does not care for them and competition over benefits is the norm despite their entitlement to support. This experience destroyed the hopes of many victims and created social envy among them, preventing the development of solidarity among victims and the chance for resistance against this policy.     

Does it get better? LGBTQ social work students and experiences with harmful discourse

Although the field of social work is grounded in social justice, the social work educational experience, including classrooms, may not live up to this value, especially for lesbian, gay, bisexual, transgender, and queer (LGBTQ) students. Using a qualitative phenomenological approach, this study examined the experiences of harmful discourse in social work classrooms for LGBTQ students. Findings indicate that students experienced being misgendered, tokenized, and erased through cis-/heteronormative language and classroom teachings. Although social work is guided by frameworks of social justice, microaggressions and discrimination may be vaguely glossed over, if addressed at all. This study highlights the gap between the values social work teaches and how social work education is delivered.