Introduction: Comparing National Styles of Regulation in Japan and the United States

The articles in this issue generally reinforce conventional images of American regulation as often adversarial and legalistic and of Japanese regulation as more informal and cooperative. They also suggest that, in regulating pollution and occupational safety in larger firms, Japan's regulatory style is equally effective and more economically efficient than the American approach. But Japan's style appears less effective when regulation requires changes in elite attitudes, as in the realm of workplace equality for women. Moreover, developments in Japan's financial sector reveal ways in which informal regulation can result in undue deference to business and political interests.     

美国印第安学校中学女生的未来——基于"可能自我"的个案研究

本质化研究以美国中学的四位印第安女生为个案,重点阐释了她们的中学课堂受教经历对其今后成长的影响。本文采用可能自我理论,对访谈资料进行了审视和分析,所涉主题包括学校问题、教师、关系的重要性及未来计划这样四大方面。结果表明,可能自我理论有助于人们理解这些中学女生是怎样看待她们自己和筹划她们未来的,同时也为解决和预防中学生的辍学问题,提供了一种可能的路径。     

The Unintended Consequences of Penal Reform: A Case Study of Penal Transportation in Eighteenth‐Century London

What were the consequences of penal transportation to the New World for eighteenth‐century British criminal justice? Transportation has been described by scholars as either a replacement of the death penalty responsible for its decline, or a penal innovation responsible for punishing a multitude of people more severely than they would have been punished before. Using data from the Old Bailey Sessions Papers and the Parliamentary Papers, this study examines sentencing and execution trends in eighteenth‐century London. It takes advantage of the natural experiment provided by the passage of the 1718 Transportation Act that made transportation available as a penal sentence, thus enabling one to assess the “effect” of transportation on penal trends. This study finds that the primary consequence of the adoption of transportation was to make the criminal justice net more dense by subjecting people to a more intense punishment. While it was also associated with a small decline in capital sentences for some types of offenders, the adoption of transportation was also associated with an increase in the rate at which condemned inmates were executed. The study closes with a discussion of the conditions that may lead to law's unintended consequences, including the mesh‐thinning consequences observed here.     

20世纪末美国政府规制改革历程及启示

为了迎接全球化、信息化及国际竞争,摆脱财政危机、管理危机和信任危机,从20世纪70年代末开始,西方各国政府相继掀起了新一轮的行政改革。其中,放松规制改革成为美国政府改革的突破口,在政府规制改革中走在了世界的前列,具有比较典型的代表性,取得了较好的效果。其中的很多做法和措施值得我国政府学习和借鉴。     

从规制合规迈向合作规制:以食品安全规制为例

食品安全法制体系的建立健全使得食品安全法治的重点转向法律实施,如守法和执法。其中,食品安全法律要求的不断趋严,使得食品生产经营者日益重视有助于履行法定义务要求的规制合规,并出现了服从性合规、竞争性合规、外生性合规、内生性合规、象征性合规和创造性合规等不同选择。鉴于此,规制者以合规导向的执法替代威慑导向的执法,并由此促进了合作规制的发展。然而,如何回应不同的合规选择和促进规制者和被规制者之间的合作,依旧有赖于规制者构建风险交流、责任约谈、精准普法等促进彼此交流法律认知和分享信息的支持性制度和改进许可、标准等工具适用中的单向且刚性要求。     

The Role of Site Variance in the American Judicature Society Field Study Comparing Simultaneous and Sequential Lineups

Objectives

Police departments often use photo lineups for eyewitness identification purposes. A widely adopted lineup reform designed to reduce eyewitness misidentifications involves switching from the standard simultaneous photo presentation format to a sequential format. These two lineup procedures were recently tested in the American Judicature Society (AJS) field study, which was conducted in four different police jurisdictions. The results from two phases of that investigation reached opposite conclusions as to which lineup procedure is superior, and the purpose of our current investigation was to elucidate the role of site variance in shaping those contrasting conclusions.

Methods

In previous analyses, the field study data were either (1) aggregated across all four study sites or (2) drawn from only one study site (Austin, Texas). Here, we analyze the data separately for the Austin study site, where 69 % of the eyewitnesses were tested, and the other three study sites combined, where 31 % of the eyewitnesses were tested.

Results

The results indicate significant site variance between the Austin and non-Austin study sites. In addition, the results suggest that aggregating the data across sites played a determinative role in creating the apparent disagreement about which lineup procedure is diagnostically superior.

Conclusions

Once large differences across the AJS study sites are taken into consideration, there is no longer any disagreement about which lineup procedure is superior. The simultaneous procedure is diagnostically superior to the sequential procedure, but the sequential procedure sometimes induces more conservative responding (a result that can and often does masquerade as diagnostic superiority).

     

Recharacterizing the Lubanga Case: Regulation 55 and the Consequences for Gender Justice at the ICC

The omission of charges related to sexual violence in the case of Thomas Lubanga Dyilo was controversial and disappointing from a gender perspective, given the prevalence of sexual violence in the conflict in the Democratic Republic of Congo and the expectations on the ICC as a gender progressive institution. In 2009, in an attempt to remedy this omission, victim advocates successfully argued that the Trial Chamber should utilize the process under Regulation 55 of the Court to consider legally recharacterizing the charges against Lubanga to include charges of sexual slavery and cruel and inhuman treatment. The decision was later reversed on appeal and the possibility of legal recharacterization dismissed. This article analyzes the Court’s decisions in relation to recharacterization in the Lubanga case, and the negative implications of the approach adopted for gender justice at the ICC. The article advances an alternative, gender-sensitive approach to recharacterization under Regulation 55 of the Court that would have supported the possibility of legal recharacterization to the crime of sexual slavery in Lubanga and which would facilitate the prosecution of crimes of sexual violence in future cases before the ICC.     

National Styles of Worker Protection in the United States and Japan: The Case of the Automotive Industry

This paper compares and contrasts the national styles or approaches to the regulation and management of occupational safety and health distinctive of the United States and Japan within the context of the automotive industries of these two countries. Referring to comparative workplace injury and illness experience and data on safety and health regulatory activities, strengths and weaknesses of the two approaches are considered. It is suggested that an optimal strategy would contain elements of both approaches. Elements of the two approaches that might be adapted cross-nationally are identified and discussed.     

大学生词汇学认知风格的模式分类——基于SOM神经网络的研究

认知风格是人们在信息加工方式上的个人偏好,是运用以大脑为基础的神经结构和机制进行信息加工的个体差异。本研究在词汇学认知风格模型的基础上,采用SOM神经网络的方法,对参与测试的240名大学生(平均年龄19.6岁)进行聚类分析。结果显示,大学生的认知风格可以聚为四类,它们是细致灵动型、粗放灵动型、讨论型和规范型。每一类型的大学生在认知风格上具有最大的相似性,而不同类型的大学生认知风格差异较大。研究还产生了9种更加具体的认知风格类型。     

The Political Styles and Organizational Strategies of American Prosecutors: Examples from Nine Courthouse Communities*

This paper focuses on the relationship between the political styles and organizational strategies of prosecutors in nine medium-sized courthouse communities in the United States. Three political styles are identified and a choice model developed that rests on the prosecutors' satisfaction or dissatisfaction with the status of their offices and on their view regarding the expected value of conflict. In turn these styles lead to different organizational strategies in which bureaucratization and office culture, given the mediating effects of office size and staff loyalty, are used as policy tools to achieve prosecutor goals.     

从一案例谈间接实行犯

一、案情简介 被告人王某,男,39岁,轻纺城13号摊位业主,住某市江干区和平街6号。1998年3月6日,王某为争生意与邻摊的华某争吵并相打,王某在相打中自感吃亏,遂怀恨在心,伺机报复。3月10日,王某看到华某的儿子一个人在马路边玩耍,想教训一顿华的儿子,但又怕自己打伤小孩犯法,就叫来自己的12岁的儿子替父报仇,在父亲的怂恿下,王某的儿子拿起菜刀,砍向华的儿子,致其重伤,后经群众帮助送医院抢救,华的儿子终因流血过多而死亡。二、分歧意见第一种观点,王某的行为构成故意伤害致人死亡的教唆犯,其理由是：主观方面,王某有故…