民法学本科教学改革探索

随着法学教育的深入和社会经济的不断发展,传统的民法学教学模式已不能满足社会对法学毕业生能力的要求。本文列举了当前民法教学中存在的问题,并对问题出现的原因进行分析,在此基础上提出本科教学改革的建议。如应当针对本科生编写统一的、以通说理论为内容的民法系列教材,开设有关社会、经济的其他课程以辅助学生理解民法现象和民法制度,加强实务教学,提高学生的法律思维能力和解决争议问题的能力,探索建立与实务部门的协同育人模式等。     

The Myth of British Minimum Force in Counterinsurgency Campaigns during Decolonisation (1945–1970)

This article argues that the dominant paradigm in studies of British small wars positing a central role of minimum force in doctrinal guidelines for counterinsurgency needs to be even more fundamentally revised than has been argued in recent debates. More specifically, it argues that minimum force is nowhere to be found in British doctrine during the small wars of decolonisation. The need for revision also applies to the way British counterinsurgency is usually sharply contrasted with French counterinsurgency. British doctrine during this period is better understood when placed in its proper historical context. This means comparing it with the other two most significant examples of doctrinal development for small wars of decolonisation – those of France and Portugal. This comparison shows that British counterinsurgency was not uniquely population-centric, and this characteristic cannot, therefore, be the reason for its arguably superior if far from infallible performance. Evidence for these arguments comes primarily from doctrinal sources developed specifically to deal with counterinsurgency, complemented with insights from key military thinkers and archival sources of relevance practices. Some wider implications of this analysis for the relationship between combat experience and doctrinal development as well as for counterinsurgency are identified.     

The dangerous myths and dubious promise of COIN

Counterinsurgency (COIN) has again emerged as a topic of both contemporary and historical interest in the age of what has been called a global counterinsurgency. However, little attention is being paid to the historical lineage of a COIN doctrine that is being rediscovered and promoted by an enthusiastic group of military intellectuals and commanders as the basis for US Army and Marine Corps doctrine. This article argues that historical claims for COIN success, based on courting popular gratitude by improving economic conditions, are at best anchored in selective historical memory, when not fantasy fabrications. The first argument of this article is that COIN does not constitute a distinct form of warfare, but merely a sub-set of minor tactics. Second, ‘hearts and minds’, so-called population-centric warfare, has seldom been a recipe for lasting stability. Rather, historically counterinsurgency succeeded when it has shattered and divided societies by severely disrupting civilian life. In fact, COIN is a nineteenth century legacy of empire whose uniqueness and impact was mythologized in its own day, and that is unlikely to prove a formula for strategic success in the twenty-first century.     

Friend or foe? The Cyprus Police Force and the EOKA insurgency

This article examines the ambiguous role played by the Cyprus Police Force during the Greek Cypriot insurgency against Britain between 1955 and 1959. A multiethnic force policing a multiethnic society, the CPF struggled to fulfill its duties. Greek Cypriot officers became ineffective as sympathy for, or fear of insurgents undermined their ability to function. Some collaborated, others resigned. Those who stayed became targets of their own people. Turkish Cypriot officers, recruited in greater numbers to compensate for a reduction in Greek Cypriot officers, worked to enforce the law, but exacerbated intercommunal relations in doing so. In spite of the peculiar conditions present in Cyprus, the case has valuable implications for contemporary policymakers on the vulnerabilities inherent in the use of local police forces to restore law and order in ethnically divided societies.     

PARLIAMENT AND DEFENCE OVERSIGHT

Abstract

A tremendous amount of important work has been done recently on operationalising the protection of civilians as a military task. The bulk of the discussion has focused on how militaries should respond to direct attacks on civilians. This is an important issue, but thinking about civilian protection should also include a serious examination of the ways in which the approach of military organisations to the problem of ‘spoiler’ groups can affect the level and dynamics of attacks on civilians – importantly, where armed groups are interested in violent control of civilian populations, attempts to ‘dislodge’ them from areas of control may substantially increase the level of violence against civilians (beyond the dangers to be expected from being near areas where active fighting is taking place). In 2009, the United Nations mission in the Democratic Republic of Congo (MONUC) supported the Congolese military in operations to dismantle the Hutu-dominated FDLR (Forces Démocratiques de Libération du Rwanda, Democratic Forces for the Liberation of Rwanda) militia group, at massive human cost. Critics have primarily focused on MONUC's failure to protect civilians from direct attack, consonant with the general discourse on tactics for civilian protection. These criticisms are valid, but in this paper I argue that two crucial additional considerations should be kept in mind: the way that military operations can affect violence against civilians, and the way that moralising the approach to armed groups, even those which have committed serious abuses, can limit military and political options – potentially in ways that increase civilian risk in the name of protecting them.     

Country survey IV: Pakistan

This paper examines the role of the military in Pakistan, particularly in regard to civil‐military relations and defence industrialisation. Pakistan's military expenditure is relatively high, but apart from investment multipliers, little of this spending filters through to the civil sector. Pakistan's defence‐industrial strategy centres on rebuild and Chinese technological collaboration. However, while this ‘capital‐saving’ approach has merit, the strategy has thus far failed to stimulate broader civil development linkages. A conclusion of this paper is that Pakistan is failing to maximise the strategic dual‐use benefits of integrating civil‐military activity.     

注册登记管理民用灭火救援装备的探讨

阐述了民用设备用于消防灭火救援的使用现状和存在的主要问题,从使用民用设备被动管理分析了存在这些问题的主要原因,并采取提高调集能力、参战队员的救援素质、民用设备的使用率、注册登记的基础建设、互相制约机制等对策加强依法注册登记管理民用设备,拓宽灭火救援装备来源,解决灭火救援装备短缺的问题,调动全社会力量更好地完成消防部队担负的各项灭火救援任务。     

The German wars of liberation 1807–1815: The restrained insurgency

In the Age of Napoleon, ‘small wars’ and ‘revolutionary war’ were closely connected. There were, however, different strands of this phenomenon: speaking professionally, conservative officers condemned small wars as an irregular regression to previous less disciplined forms of warfare. The Prussian state continually tried to discipline and regulate spontaneous risings. Yet the irregular character of small wars offered the opportunities for a less complex way of fighting, thus enabling the arming of the ‘people’ to fight. Individual undertakings, such as Ferdinand von Schill's doomed campaign in 1809, were designed to spark off a general popular uprising. But they were cheered by many and supported by few. Meanwhile, Neidhardt von Gneisenau conceived guerrilla-style Landsturm home-defence forces, which were designed for an irregular people's war. These concepts were put into practice in the ‘war of freedom’ – or ‘war of liberation’ – in 1813. Eventually both the mobilisation and the tactics remained regular, however, despite the emphatic appeal to a national ‘people's war’.     

The Nepalese Army: From counterinsurgency to peacekeeping?

Can peacekeeping participation help reform military institutions in democratizing states? Drawing on evidence from Nepal – one of the world's largest troop contributors to UN peacekeeping operations – this essay illustrates that participation in peace missions can sometimes undermine security sector reform and deteriorate civil–military relations. Furthermore, this analysis shows that peacekeeping participation will not necessarily reorient troops away from their conventional internal roles (such as counterinsurgency) or improve civilian control over the armed forces. Hence, civilians can lose control over soldiers just as frequently when they are deployed overseas as when they are at home.     

Measuring Military Professionalism in Partner Nations: Guidance for Security Assistance Officials

The U.S. spends billions of dollars in its security cooperation program to develop “professional, accountable, and capable security forces” in other nations, part of a grand strategy to improve global stability and counter violent extremism. Despite its great investment in professionalizing foreign militaries, however, the U.S. has no functional definition of military professionalism – a term that until now has been considered too vague and multi-faceted to operationalize. In this article, the author seeks to remedy this oversight, drawing from twenty years of security cooperation fieldwork in Latin America and Africa, as well as a vigorous literature review, to define four important components of military professionalism: (1) formal military education and vocational training, (2) military subordination to elected civilian officials, (3) knowledge and practice of the law of armed conflict and human rights law, and (4) a clearly established program of professional military ethics. This article provides guidelines for U.S. and European officials who work with partner nations to develop more professional military forces and, in particular, for officials managing security assistance programs with developing countries.