公益诉讼费用分担方式的构建

公益诉讼费用是公益诉讼必然面临的问题,其合理与否极大地关系着人们享受法律保障的程度。但公益诉讼往往诉讼成本高,导致公益诉讼难以取得理想的预期效果,而现行的诉讼费用分担方式并不能完全适应公益诉讼的发展需要。因此,应从被告方分担、受益者分担、国家分担三方面入手,通过设立公益诉讼奖励基金以及费用移转支付的方式,建立起一个与公益诉讼理念相契合的公益诉讼费用分担方式。     

论夜间搜查——从两则案例谈起

由于我国《刑事诉讼法》对搜查的时间未作规定,导致司法实践中夜间搜查频繁出现。夜间搜查很容易侵犯被搜查人和与其同住的人的隐私权和生活安宁权,给其造成伤害,司法实践中也确实发生了因夜间搜查而把人吓病的案例。因此,我国在再次修改《刑事诉讼法》时应规定禁止夜间搜查。当然,在保护公民隐私权和生活安宁权的同时,也要兼顾打击犯罪的需要,法律可以设置一些禁止夜间搜查的例外。     

Listening to the voices of children: understanding the human rights priorities of children with disability in Vanuatu and Papua New Guinea

In developing countries, children with disability lack basic services yet their voices are missing in the development agenda. This article reports on research to investigate the human rights needs and priorities of 89 children with disability aged 5–18 years in Vanuatu and Papua New Guinea. An accessible and inclusive research method was developed to enable children with diverse disabilities to communicate their own views via visual, audio and tactile means. Data were analysed in relation to the Articles of the Convention on the Rights of Persons with Disabilities, identifying a wide range of priority areas including recreation, leisure and cultural life; employment; home and family life; and education. It is proposed that policy and programme responses must take a holistic view of children and their needs, affirming but thinking beyond the importance of education, to address the complexity of the systemic disadvantage faced by children with disability.     

Measuring Children's Experience of Their Right to Participate in School and Community: A Rights‐Based Approach

This paper discusses the development of a children's rights‐based measure of participation and the findings from its use in a survey of 10‐ to 11‐year‐old children (n = 3773). The measure, which was developed in collaboration with a group of children, had a high reliability (Cronbach's alpha = 0.89). Findings suggest that children's positive experience of their participation rights is higher in school than in community, and higher for girls compared to boys. It is argued that involving children in the ‘measurement’ of their own lives has the potential to generate more authentic data on children's lived experiences.     

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.     

系列性权利组合:有限责任公司股东优先购买权性质新探

股东优先购买权体现出有限责任公司人合性与资合性之间的冲突。中国对于股东优先购买权的法律规范存在缺陷,其根本原因在于缺乏一套体系性的股东优先购买权理论。股东优先购买权本质上是系列性权利组合,而非单一的权利,具体包括资格维持请求权、告知请求权、强制缔约权和优先受领权。股东于其取得股东身份时取得优先购买权,并于此时得以行使。至于优先购买权的行使期限,则不宜做过多理论上的探讨,而应当交由立法者根据本国国情加以规定。     

Levels or worlds of welfare? Assessing social rights and social stratification in Northern and Southern countries

Since Esping‐Andersen's Three Worlds, it has become a truism of welfare state research that welfare states do not vary linearly along a single dimension but have to be conceptualized as multidimensional phenomena that cluster into types caused by the political economy of class coalitions. However, when moving beyond the 18 original countries of Esping‐Andersen's analysis, the situation is less clear. Although additional worlds have been identified in the Global North and the Global South, these are usually not conceptualized along the same dimensions as the original three worlds and are rarely empirically compared with them. This paper tackles these omissions by explicitly comparing Northern and Southern countries within Esping‐Andersen's framework. It poses the question whether the central insight of welfare state research, namely, that there are not just gradual differences between welfare states, but different types with qualitative differences, expands beyond classic welfare states. Based on newly generated data on social rights and social stratification, we employ cluster analysis with 45 Northern and Southern countries. This analysis produces mixed results. We do find different types of welfare states with qualitative differences, but these do not fully correspond to Esping‐Andersen's Three Worlds. Moreover, our findings also point to a conceptual issue in welfare regime research: regimes are not just defined and measured in terms of different logics of welfare provision but also take into account degrees of welfare stateism. We argue that this issue is poised to become ever more pressing with the geographical expansion of welfare state research.     

值班律师的角色定位与制度探究

2018年修改的《刑事诉讼法》把值班律师制度作为基本制度规定下来，这是辩护制度的重大突破和进步，法律上对诉讼权利的保障，是反映一国刑事诉讼法治化程度的重要标志之一。值班律师参与刑事诉讼并不当然地具有辩护人的诉讼地位，值班律师的应然定位应当是特殊的法律援助律师。值班律师制度具有推动程序正义实现和促进诉讼效率提升的内在价值，还具有弥补法律援助制度短板、推动审前程序状态合理优化和促进认罪认罚从宽制度良好运行的外在价值。但是，值班律师依然存在一些现实困惑，对这些困惑、问题的破解，正是改善值班律师制度的有效进路。     

民汉双语诉讼规则之探索

我国宪法赋予了公民用自己的民族语言文字参加诉讼的权利，目的在于实现民族平等、促进民族团结、禁止民族分裂、保护中华民族语言文化的多样性，进而提高我国的文化软实力。通过调查民族语言文字诉讼司法实务，发现当前存在着少数民族语言文字诉讼程序混乱、不符合诉讼原理等问题，不利于民族语言文字诉讼权利的实现。究其原因，在于该诉讼制度缺乏程序保障。为了确保民族语言文字诉讼权利的有效实现，应设立“民汉双语诉讼规则”，以为司法机关提供统一的操作规范。民汉双语诉讼规则应该明确民汉双语诉讼的概念、类型以及民族语言文字诉讼权利的内容，并且根据不同诉讼类型有针对性地设置审判语言与诉讼语言的适用规则。