民事诉讼行政介入的程序规制研究

规制行政介入司法尤其是民事司法,除了深化司法体制改革的体制规制路径,将行政机关意见表达纳入民事诉讼程序是其另一程序规制路径.程序规制具有公正审判权请求权、论辩式民事诉讼对话逻辑、诉权制约行政权、民事审判实质公开的“武器支撑”.“法庭之友”制度对民事诉讼行政介入具有程序规制作用,中国行政机关可以“法庭之友”身份参与民事诉讼、进行意见表达.行政机关担当“法庭之友”不会损害独立审判,相反有利于司法公正公开.行政机关担当“法庭之友”以维护公共利益为限,是新型诉讼参与人,应明确其诉讼权利义务,构建行政机关作为“法庭之友”参诉的具体程序.     

基于模糊理论评估连续梁桥地震破坏状况

为了研究不同强度等级地震作用下连续梁桥的破坏模式及破坏程度,采用多级模糊综合评判方法建立连续梁桥的综合评估模型。根据连续梁桥的特点,利用连续梁桥各单元及各构件的破坏程度建立多个因素集,根据各因素的权重和评价标准,对多个因素集进行逐级评判,根据最大隶属度原则得到地震作用下连续梁桥的破坏情况,并通过等级参数评判法对不同地震强度下连续梁桥的破坏情况进行等级评判,得到连续梁桥破坏情况与地震强度之间的关系。最后,基于多级模糊综合评判方法对一座连续梁桥实例进行评判     

醉酒人犯罪刑事责任的立法比较与法理分析

醉酒所致精神障碍,是一个遍及世界各国的重要社会问题之一,而且有越来越严重的趋势.关于醉酒状态下犯罪的刑事责任问题,有的国家刑法没有对之做出专门规定,而是将其作为自愿(故意或过失)陷入无责任能力状态的情形之一,规定不免除或减轻行为人的刑事责任,但有些国家对此作了专门规定.     

试论辩护律师的独立诉权

在当今中国的刑事诉讼中,确立辩护律师的独立诉权,保证辩护律师独立、有效地行使上诉权和申诉权,对促进诉讼结构的平衡、充分保护被告人的合法权益具有现实意义。     

Beliefs underlying stress reduction and depression help-seeking among college students: An elicitation study

Objective: This study illustrates how a theory-based approach can identify college students’ beliefs about stress reduction activities and help-seeking for depression. These beliefs are the basis for intervention design. Participants: A sample of 53 undergraduate students at a public university in the Midwest participated in this research during March 2016. Methods: An open-ended belief elicitation survey was administered online. Beliefs were identified through qualitative thematic analyses. Results: Exercise was students’ most preferred stress reduction activity. Beliefs about exercise emphasized physical benefits yet also not having time for exercise. Beliefs about help-seeking for depression emphasized treatment efficacy, support from others, stigma, and time constraints. Conclusions: Whereas beliefs about positive outcomes inform educational and motivational messages, beliefs about time constraints underscore the need to also consider structural factors that can help students find time to attend to their well-being.     

Postmigration Living Difficulties,Help-Seeking and Community Resilience in the Initial Stages of Migration: Coproducing Community Practice with Recent Irish Migrants to London

This article describes a community-based participatory action research (CBPAR) project that examined the postmigration living difficulties (PMLD), help-seeking and community resilience of recent Irish migrants to London (n = 176). The majority of respondents were young adults, in managerial or professional occupations and in good or very good health. Mixed methods indicate inadequate planning for relocation and poor social support as the main difficulties in the initial stages of migration. Community factors promoting resilience included employment opportunities, local and transnational supports, and cultural familiarity and acceptance. Community participation in the action orientated phase of this CBPAR is discussed.     

Exploring the Ebbs and Flows of Community Engagement: The Pyramid of Engagement and Water Activism in Two Canadian Communities

In this article, we share results from a comparative study exploring the dynamics of community engagement surrounding local water advocacy organizations in two Canadian communities. Although emergent local issues and the perception of crisis triggered some short-term community engagement, social factors such as collective identity, a sense of community, and sense of efficacy appear to be more important for sustaining and deepening engagement. Drawing on the results, we show how the pyramid of engagement, by depicting activist engagement as a multilevel, developmental process, can serve as a useful tool for community engagement scholars and practitioners alike.     

Armchair detectives and the social construction of falsehoods: an actor–network approach

ABSTRACT

This paper examines two large-scale cases ? the 2013 Boston bombing and the 2015 Bangkok bombing, each of which spurred an online investigation conducted by concerned citizens to find the bombers. While both bombing cases had different cultural discourses, the processes and outcomes of the online investigation were similar: there were rampant speculation and rumor-mongering, as well as false accusations and harassment of innocent suspects. The aim of the paper is to understand how such acts of mob justice happened. Using actor–network theory, a theoretical and methodological tool for mapping out the networks human and non-human interactions, I discuss two types of networks found in both investigations. The two network types demonstrate how a claim can be construed as fact or fiction through such networks of interaction. In light of debates on the proliferation of fake news and alternative facts, the findings have implications for the current and precarious state of truth in today’s society.     

Innovating the provision of welfare services through collective action: the case of Italian social cooperatives

Social cooperatives are the most widespread social enterprise type in Italy. Their evolution has stimulated the development of diverse interpretative frameworks of social enterprise determinants: the mainstream one is that social cooperatives are the outcome of contracting out policies. Through a critical investigation of social cooperatives’ emergence, integration into public policies, and reaction to the financial crisis, the authors refocus attention to one of the key modes of creation of social enterprises that has not gained the attention it deserves: the bottom-up dynamic. The analysis carried out sheds light on the contribution of citizens’ mobilization to institutional change and confirms that social enterprises can also emerge in an unprepared and hostile ideological, economic and political context.     

Gezi Park and EuroMaidan: social movements at the borders

Both Turkey and Ukraine are located at the external borders of the European Union (EU), and are seen as important partners of the EU, especially in terms of economic relations and strategic partnership. Both countries experienced en masse protest events in 2013: the Gezi Park protests and EuroMaidan, starting, respectively, in May 2013 and November 2013. Although these protests started initially for different reasons – the brutal eviction of a sit-in organized for protecting the trees in Taksim Gezi Park and the Ukrainian government's abandonment of EU trade agreement talks – and seem spatially, temporally and ideologically separate, they both include claims related to a “more just and transparent system”. Such claims are not purely political and are closely linked to a social dimension, especially in terms of local and European space-making. This article aims to understand the importance of Gezi Park and EuroMaidan within the framework of new social movements in terms of space-making and the perception of human rights, democracy, justice, identitarian politics and consensual social relations as Euro-concepts or European ideals.