集体林权纠纷解决的制度现状与对策研究--基于江西省某县个案的分析

化解集体林权纠纷是新一轮集体林权制度改革的重要工作,但林权纠纷解决难度大,影响了改革工作的深入开展。研究首先梳理了集体林权纠纷解决的制度安排;其次以江西省某县A、B两个村民小组因737号山场发生的林权纠纷案件作为研究对象,介绍了林权纠纷解决过程的特殊性;再次,探析了现行纠纷解决制度存在的低效问题及其成因。最后提出完善制度的顶层设计、重视非正式制度作用、加强调解机构能力建设、创新纠纷解决方法等对策建议。     

论完善中国——东盟自由贸易区争端解决机制——以比较研究为视角

区域经济合作是目前世界经济中一个极为重要的发展模式,其中,中国与东盟之间的合作更是发展迅速.为了进一步推动中国--东盟自由贸易区的发展,应建立完善的争端解决机制.在分析《中国--东盟全面经济合作框架协议争端解决机制协议》特点的基础上,借鉴了欧盟、NAFTA中争端解决机制的相关规定,为完善中国--东盟自由贸易区争端解决机制提出一些建议.     

WTO争端解决机制中对发展中国家的特殊和差别待遇探析

在WTO争端解决机制中有一些针对发展中国家的特殊与差别待遇条款,但这些条款有其局限性,发展中国家很少利用,发展中国家应当努力促进特殊和差别待遇条款的完善,同时充分利用好现存的特殊和差别待遇.     

关于医疗纠纷法律制度改革的思考

目前我国医疗纠纷法律制度严重滞后,改革呼声日趋高涨。但学界对改什么和如何改的问题缺乏细致深入的研究。本文在对现行医疗纠纷法律制度进行全面评析后,对消除该法内部固有矛盾、改革医疗鉴定体制、完善医疗诉讼程序等方面提出了新的思路与方法。     

Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

Australia's family law system continues to be plagued by serious delays. This article acknowledges the need for legal interventions in post‐separation parenting disputes in which individuals may be at risk, or in cases of genuine emergency. The article next contrasts cases involving significant risk or urgency with the many ‘ordinary’ (even if sometimes complex) post‐separation disputes over parenting in which these circumstances are not present. I argue that in such cases, legal advice, legally informed dispute processes, and court hearings are remnants from earlier attitudes to separation and divorce. These interventions are expensive, frequently destructive of ongoing parental relationships, and at their heart, inappropriate for considering the needs of children. They also divert time and resources from the critical investigative and legal decision‐making processes needed in urgent or risk‐related cases. I propose that legal narratives in ‘ordinary’ post‐separation parenting disputes be replaced by narratives focused on the main drivers of these disputes, which are invariably expressed in terms of relationship difficulties. Such narratives are amenable to facilitative, therapeutic, and systemic interventions aimed at achieving self‐determined resolutions. They contrast markedly with narratives reflecting common law notion of normative resolutions derived from the application of legal precedent. Key issues in the first section of the article are then teased out via the reflections of an imaginary separated parent in an ‘ordinary,’ albeit difficult and emotionally intense, dispute about how to care for the children. In the final section, I offer brief clinical and systemic reflections on past practice and on future narratives focused on individual self‐determination.     

Challenges of implementing restorative justice for intimate partner violence: An Islamic perspective

ABSTRACT

Intimate partner violence (IPV) is currently recognized as a critical public health concern and a human rights issue. Not surprisingly, Muslims – a religiously and socio-culturally diverse faith-based populace – are not an exception. To address this complex area of criminal justice and social policy, some scholars advocate implementing restorative justice (RJ) approaches. While RJ approaches have been traditionally used in Islamic cultures for conflict resolutions, to date, few studies have investigated how RJ operates in dealing with IPV in Muslim countries and communities. This article explores how RJ approaches towards IPV operate in some Muslim countries/communities, and offers insights into developing culturally and religiously appropriate ways of implementing RJ in IPV situations among Muslims. Given the prevalence of IPV among Muslims, the question is particularly important and timely. Taking exclusively limited examples of RJ approaches that have been used to mediate IPV cases in Muslim countries and communities, this paper found one significant challenge in the RJ approaches among Muslims: community acceptance of IPV. To reduce IPV in Muslim society, it is necessary to develop treatment models and techniques that meet cultural and religious needs. This paper found that since RJ is not alien to Islamic teachings, RJ approaches can be implemented effectively in dealing with IPV among Muslims by ensuring justice and equity of the abused woman. The findings of this paper will assist policymakers, practitioners, and service providers in providing religiously and culturally appropriate care when addressing IPV issues among Muslims.     

对高校劳动争议问题的思考

高校劳动争议的产生有其自身的原因,针对在劳动争议中表现出来的特点,在处理劳动争议中应注意四个基本原则,从构建和谐校园的机制入手提出对策。     

Resolutions: Working with Families Where Responsibility for Abuse is Denied

Current thinking suggests that little productive work can be undertaken with families where serious physical or sexual abuse of children has occurred in the absence of a clear acceptance of responsibility for that abuse. This means that children are often removed from their families because of the perceived risks, with the disadvantages that being looked after in local authority care often brings. Alternatively, children may be left in the same environment where serious abuse has taken place with little or no work being undertaken with the family. Either approach fails children, especially those who have made clear and believable allegations in the hope of bringing about a process of change and protection. This article describes the work of a pilot project at the Avon NSPCC in Bristol working with families where the alleged abuser disputes responsibility for maltreating the child. Key to this approach is the support of the non-abusing carer and the child/ren while the concerns of the professional agencies are addressed. The work has two main phases. The first looks for structural change in the organization of family life. The second part asks carers to role-play a ‘similar’ hypothetical family where child abuse has been established. This enables difficult issues raised by the abuse to be addressed and provides an opportunity for carers to express thoughts and feelings to their partner regarding abuse without the seriousness of the concerns being lost.     

判断争议领土归属的法律制度

在国际司法判例的推动下,判断争议领土归属的国际法制度正逐步形成、完善.如果相关国家就争议领土的归属达成了合意或是有单方面的同意,则应当依据相关国家的意思来确定争议领土的归属.如不存在此类法律依据,则应通过综合审查各争端当事国在关键日期以前对争议领土行使主权权力的证据,依据有效占领原则确定争议领土的归属.但如依上述方法确定争议领土的归属还存在不公平、不合理的情况,则应对依法初步划定的边界进行衡平调整.     

医疗纠纷可仲裁性的法理思考

在医患矛盾时常发生的今天,探求解决医疗纠纷的机制已经成为必要。针对医疗纠纷的可仲裁性展开法理分析,通过对国外医疗纠纷仲裁机制的考察,分析医疗纠纷仲裁的特殊功能,论证其可仲裁性,显得尤其重要。在我国立法现状的基础上,提出我国医疗纠纷可仲裁性采用一般模式的建议,具有一定的现实意义。