论法院调解制度的完善

法院调解在民事诉讼法上被确立为一项基本原则。在司法实践中,我国法院调解制度虽存在一些缺陷,但在现阶段仍有着重要的意义和作用。为了使其发挥应有的作用,应对该制度进行完善。     

论我国治安调解及制度完善

在中国具有深远历史的调解文化的影响下,中国的调解制度迅速发展,并开始逐渐形成以法院调解、民事调解、治安调解为主体的“大调解”机制。治安调解作为秉承中国调解制度渊源,符合当前社会治安形势的一种办案方式,发挥着行政处罚所无法替代的作用。但在现实的基层公安工作当中,受制于有关法律方面的欠缺以及执法人员的素质等实际情况,治安调解工作存在一些比较普遍的问题,需要进一步的研究与解决。     

Regional mediation strategy: The case of Zimbabwe

The growth and survival of the field of conflict resolution can only be attained if practice is used to generate theory, rather than a reliance on the current situation where theory attempts to direct practice. Some conflict resolution practitioners believe that theory and practice cannot be separated. This article evaluates the art of mediation using Zimbabwe as a case study, where the strategy was used in an attempt to resolve the Zimbabwean conflict that began in 1999. Employing primary and secondary sources, the article delineates the major characteristics of mediation and clarifies principles of the strategy. It further establishes the affinity and dissonance between practice and theory. In addition, it asserts that in the Zimbabwean case, the achievements of insider-partial mediation as a strategy were limited. In the long term the mediation strategy failed because the Government of National Unity did not fulfil all the outstanding issues enunciated by the global political agreement as a precursor to free and fair, credible and legitimate elections. In opposition to the mediation targets towards sustainable peace, Zimbabwe witnessed rushed elections before the accomplishment of the issues at stake, leading to the overall failure of the insider-partial mediation.     

Political dynamics in Kenya’s post-electoral violence: Justice without peace or political compromise?

The political upheavals that erupted in Kenya after the release of the 2007–8 election results resulted in the death of approximately 1 200 people, as well as the loss of livestock and other valuable property. While the Kenyan government tried to seek solutions to the crisis, the International Criminal Court (ICC) issued warrants for the arrest of top government officials. For its part, the African Union (AU) accused the ICC of racism by targeting only African leaders, and maintained that such practices undermine the rule of equality before the law set forth in Article 27 of the Rome Statute. The AU is therefore advising African countries, including Kenya, to consider withdrawing from the ICC. Will the ICC's intervention into the situation in Kenya bring justice and peace to the country, or will it add to the existing injuries affecting not just the country but the region as well? Through a critical analysis of contemporary scholarly discourse, this article unravels the dilemma of the ICC's intervention and the likely consequences of this action for the people of Kenya and Africa.     

URBAN FORTRESSES

One of the consequences of the state's inability to protect the life and property of all its citizens—especially in developing countries—is the formation of private alternatives to crime prevention and control. Gated communities, or enclosed neighbourhoods, are one such popular alternative. This article compares the phenomenon of gated communities in two developing countries: South Africa and Brazil. Both countries are plagued by violent crime and share key human development indicators. The article also explores key issues that have been raised around gated communities in both countries. Gated communities can contribute to spatial fragmentation in urban areas, and reflect increased polarisation, fragmentation and diminished solidarity within society. By excluding other urban residents and people from surrounding neighbourhoods, gated communities can contribute to social exclusion, inhibiting the construction of social networks that form the basis of social and economic activities.