The effect of procedural and interactional criteria on procedural fairness judgments

In studying procedural fairness judgments, distinctions are made between (i) the mere presence of rules and procedures in the process of outcome allocation and dispute resolution, (ii) the application of these rules by a decision maker, and (iii) the enactment of procedures and rules in the interaction between a decision maker and involved parties. In line with Bies and Moag (1986), criteria that must satisfy the application of rules to be judged as fair are called procedural fairness criteria as distinguished from interactional fairness criteria. The hypothesis that interactional fairness criteria are more important in affecting fairness judgments than procedural fairness criteria is tested. Fifty-four subjects received information about a fictitious job application situation. The subjects judged the decision maker's handling to the application procedure and his/her treatment of the applicant as fair or unfair. Three procedural and three interactional criteria and the final decision (hired or not) were used in the study. Results show that the decision maker's consistent application of rules and his/her truthfulness to the applicant were judged as the most important factors in determining the fairness of the procedure. Accurate processing of information about the applicant and respectful treatment were judged as least important factors. Contrary to expectation, procedural criteria were judged on the average as equally important for determining fairness as interactional criteria. It is argued that the smaller than expected impact of the interactional criteria may be due to the fact that in the present study the entire application situation was evaluated and not the specific face-to-face aspects of the interaction. Results are in agreement with those of Tyler and Schuller (1990).     

试论结核病防治中医患纠纷解决机制的完善

本文在分析结核病防治医患纠纷解决方式现状的基础上,探讨了此种医患关系的复合性质,指出完善纠纷解决机制的途径,包括建立赔偿基金、限额赔付、特定解决途径等方面。     

Disputes in Japan: A cross-cultural test of the procedural justice model

Research on procedural justice has provided ample evidence that people are concerned not only with the outcome of disputes but also with the fairness of the procedures used to resolve disputes. The majority of the studies examining the importance of procedural justice have been conducted in the United States and Western European countries. This study tests the generality of the procedural justice model by examining the importance of fair procedures to people in a non-Western country, Japan. This study also examines the meaning of a fair procedure from a legal perspective. Past studies have drawn the procedural justice criteria considered from social psychology. We examine several additional criteria derived from the legal concept of due process of law. Results indicate that fair procedures are more important to subjects than fair outcomes in both a traffic accident dispute and a breach of contract case. Furthermore, across both types of disputes, fairness concerns are more important than nonfairness concerns. These results are consistent with findings from studies conducted in Western countries. A new finding that emerges from the study is that the clarity with which a procedure is formulated and presented is a strong determinant of procedural justice judgments.     

论医疗纠纷的代替性解决机制

由于在纠纷解决方面所表现出来的简便、经济、快捷、专业性及保密性强等优点 ,代替性纠纷解决机制———ADR(Alternativedisputeresolution )逐渐成为许多国家和地区解决民事纠纷的一大趋势。我国现行医疗纠纷解决机制仍存在着一些问题 ,有待于进一步的改革与完善。根据我国所面临的实际情况 ,将SDR引入医疗纠纷领域是一条快速、有效地解决医疗纠纷的途径。医疗纠纷的代替性解决机制主要包括仲裁、调解以及和解。这三种纠纷解决方式各具特点 ,适用于不同情况下医疗纠纷的解决。     

The role of procedural and distributive justice in organizational behavior

To investigate the relationship between fairness and organizational outcomes, the present study examined the survey responses of government employees at six Federal installations. Indices of procedural and distributive fairness were factor-analytically derived. Multiple regression analyses indicated that both the procedural measures and the distributive measures were significantly related to measures of job satisfaction, evaluation of supervisor, conflict/harmony, trust in management, and turnover intention. Procedural fairness accounted for significantly more variance than distributive fairness in each of these criterion measures, except for turnover intention. These findings are related to conceptual and methodological issues concerning procedural fairness and organizational behavior.     

Beyond normative constraints: Declining institutionalism and the emergence of substantive and procedural justice

Popular notions of what it means to be put on trial invariably generate thoughts of the adversarial criminal trial, most often before a judge and jury. However, the criminal trial as the site for the testing of evidence of wrongdoing via a model of proof that proceeds according to prescribed processes in a normative institutional milieu is in decline. Controversially, this decline has been met with resistance from the legal profession, academics, policy makers and other stakeholders seeking to preserve the due process model that defines the criminal trial as an adversarial exchange between state and defendant. While the due process model continues to dominate as popular conceptualisation, the twenty-first century criminal trial has changed to such an extent that it is no longer seen as the quintessential form for the meting out of procedural fairness and testing of state's evidence, that emerged toward the end of the seventeenth century. Rather, the rise of control orders, modifications to the law of evidence, and the right of the accused to confront their accuser, together with the inclusion of non-traditional agents of justice, specifically victims and the community, has brought forward an era of substantive and procedural justice that lies beyond the normative constraints of the criminal trial. Robed counsel and bewigged judges beware; the advent of substantive and procedural justice has allowed for greater innovation transgressing the orthodoxies of criminal law in common law systems of justice. This paper will consider the virtues of the introduction of a transgressive criminal procedure.     

What is procedural justice: Criteria used by Dutch victims to assess the fairness of criminal justice procedures

The study examines the meaning of procedural justice to Dutch victims of crime. Using victimological research and the group-value or relational model or procedural justice developed by Lind and Tyler, a model for procedural justice judgments is developed and tested using the structural equation model. Data used for the analysis consist of 221 interviews with victims regarding their experience with the public prosecution. Although the emerging model differs from that of Lind and Tyler, results support Lind and Tyler's assertion that procedural justice judgments are normative and not instrumental. Victims are particularly concerned about being treated with dignity and respect and are not interested in influencing the outcome of their case.     

Developing regulatory standards for the concept of security in online dispute resolution systems

Online dispute resolution (ODR) has improved access to justice in the digital world. ODR users benefit from faster and cheaper dispute resolution mechanisms compared to traditional litigation and Alternative Dispute Resolution. There are few and quite varied regulatory systems for ODR.This research aims to develop a set of standards to measure the concept of security and to increase the consistency of security in ODR systems. An exploratory mixed method approach is used, involving a quantitative (survey) and mainly qualitative approach (face-to-face interviews) for gathering data. We identify three elements of information security, privacy, and authentication as standards for an appropriate ODR legal framework. Finally, these findings led to practical implications for policy makers and regulators.     

The values of administrative procedural law and the meaning of its codification in China

Administrative procedural law has the value of justice, efficiency and order. Codifying administrative procedural law in China means promoting the development of democratic politics, protecting basic civil rights, curbing and eliminating corruption, building a clean and honest government, overcoming bureaucracy and enhancing administrative efficiency. Establishing an administrative procedure code that unifies administrative legislation, enforcement and judicial procedures is a goal that must be realized in the future.     

The role of procedural justice in the allocation of limited resources: A West German perspective

Following the experimental design used by Barrett-Howard and Tyler (1986), this study examines the importance given by West German university students to procedural and distributive justice allocation decision making. After reading one of eight scenarios in which there was a limited resource to be allocated, the subjects answered questions concerning the importance and meaning of justice. For the most part, the results correspond to previous U.S. findings of the importance of procedural justice and its definition across various allocation settings. However, the West German students placed greater importance on having mechanisms for correcting inadequate decisions than did their American counterparts. Beyond the design of the initial U.S. study, however, the West German students were asked in an open-ended format to discuss their concerns in making the allocation decision. Nearly half of the unprompted responses centered around justice issues.     

WTO争端解决程序中的证据问题

WTO争端解决程序中举证责任和证据的可接受性问题具有重要的实践意义。除了各国都普遍接受的“谁主张谁举证”的原则之外,文章还分析了下列情况下的举证责任分配问题:被申诉方援引例外条款时、争端涉及具体协定时、争端双方关于执行报告的期限有争议,以及双方就败诉方的执行是否符合专家组和上诉机构报告的争议。关于证据的可接受性问题,提交证据的主体、证据的种类和提出时间问题是最关键的方面。     

Fairnes issues and job satisfaction among korean employees: The significance of status value and procedural justice in work orientation

This study investigates how justice or fairness issues such as procedural justice, distributive justice, and status equity affect job satisfaction among Korean employees. Incorporating cultural values and social norms salient in Korea, the study hypothesizes that perceptions of procedural justice enhance more job satisfaction than perceptions of distributive justice among Korean employees. Another hypothesis, based on Korean employees' aspiration for higher occupational status, predicts that perceptions of status equity, i.e., occupational prestige of their current jobs relative to their human capital, also increase job satisfaction more than perceptions of distributive justice. These two hypotheses were tested with a sample of 501 full-time employees in Korea. Supporting the hypotheses, the results indicated that (i) perceptions of procedural justice produce more job satisfaction than do perceptions of distributive justice; and (ii) perceptions of status equity are the most important factor predicting job satisfaction among the three fairness issues. Cross-cultural implications of these findings are discussed in more detail.The author thanks Professor Hyunho Seok and the Korean Social Science Council (KSSC) for their 1990 national survey data sets.     

韩国医疗纠纷调解立法及对我国的启示

为有效化解医疗纠纷、救济医疗损害从而为医务人员创造一个安宁的诊疗环境,韩国出台了《关于医疗事故损害救济及医疗纠纷调解等的法律》。依据该法律之规定,韩国设立了医疗纠纷调解仲裁院,在调解仲裁院下设医疗纠纷调解委员会和医疗事故鉴定团,实施新的医疗纠纷调解仲裁制度。该法律还规定了医疗损害赔偿互助制度、医疗损害无过失补偿制度及代偿制度等。     

试论军队在构建社会主义和谐社会中的地位和作用

社会主义和谐社会是一个内容非常丰富的社会。构建社会主义和谐社会,军队大有可为。军队在履行神圣使命,为构建社会主义和谐社会提供强有力保障的同时,还将积极投身这一伟大实践,在促进物质文明、政治文明、精神文明和生态文明协调发展中不断增进社会和谐。     

The media coverage of court proceedings in Europe: Striking a balance between freedom of expression and fair process

Press curiosity to report on legal proceedings has been a salacious feature in history of mass media. Pre-trial comment, media coverage of press proceedings and the protection of privacy of the defendant are some of the main legal issues which are raised by the ambiguous relation of media to court proceedings. The Internet revolution and the emergence of the blogosphere have added a new dimension to the analysis of these legal issues. A balance between freedom of expression and the guarantee of a fair unprejudiced process has to be achieved in the context of application of legal mechanisms of protection of the justice’s authority, such as contempt of court. As regards the question of media coverage of the court proceedings, the decision of the UK Supreme Court on May 2011 to permit television coverage of its hearings demonstrates an important shift as regards how publicity is perceived by the administration of justice in the UK, while there is a certain disparity between national legislators in the way they deal with this issue at a European level. The legal question of the protection of the defendant through the effective guarantee of the presumption of innocence and, consequently, that of a fair trial is often combined with the debate about the right of the defendant’s privacy not only when there is a pressing social need for information to the public before or during the court trial but also many years after the end of the legal proceedings.     

仲裁员与仲裁当事人法律关系模型的困境及其解决

英国法传统上将仲裁员与仲裁当事人之间的法律关系视为合同关系。根据《德国仲裁法》,仲裁员合同是通过仲裁当事人与仲裁员之间的要约与承诺形成的。在排除公权力干预的前提下,对争议进行公正、有效的仲裁,也包括确保仲裁员的独立性和公正性不受仲裁员与双方仲裁当事人法律关系影响,是仲裁员、指定仲裁员的仲裁当事人以及对方当事人的共同利益诉求。仲裁员追求的经济利益,超出对方仲裁当事人所预期承担的部分的利益诉求,即便存在仲裁员与指定仲裁员的仲裁当事人之间的合意,也应当服从于对争议进行公正、有效仲裁的诉求。仅从合同法出发解释仲裁员与仲裁当事人法律关系将无法满足仲裁员和双方仲裁当事人在仲裁方面共同的关于仲裁公正、有效地进行以及取得恰当的经济利益的利益诉求。仲裁员与仲裁当事人之间的法律关系是一个复合的法律关系,包含了以提供仲裁服务为标的的合同法律关系和以作出仲裁裁决为标的的身份法律关系,前者的依据是以仲裁员为一方,以双方当事人为另一方的双方当事人合意,后者的依据是法律的相关规定。     

程序公正的价值——兼议实体公正与程序公正冲突的解决

实现公正是法哲学的核心问题。在我国推进法治建设的今天,尤其是目前正处在转型时期,各种利益纠缠在一起,在这样一个价值观剧烈冲突、客观标准剧烈变动,对于实体是否公正不好判断的情况下,程序上的公正就尤为重要了。实体公正与程序公正发生冲突时,应有正确的价值选择以期实现司法公正,实现我国社会主义法治。     

试论多元化纠纷解决机制的法理特征与困境

多元化纠纷解决机制是现实社会中解决矛盾与纠纷的重要手段,承载着解决民事纠纷的重要功能。其表现在法理上的特征值得仔细研究,对其司法调解中的限度问题值得关注,尤其是当前法治中的现实困境对纠纷解决机制也产生了不可忽视的影响。     

加拿大外国银行分行准入制度及其对我国的启示

加拿大对外国银行分行准入曾经是采取禁止的态度,到1999年6月28日加拿大联邦立法机构通过了《第C-67法令》。该法令试图修改《银行法》、《清算与重组法》以及其它金融机构相关法令,从而允许合格的外国银行在加拿大设立分行。外国银行分行可以采取全能分行或者贷款分行的形式来运作。尽管加拿大外国银行分行制度的历史并不悠久,但其新近制度的构建确实比较系统全面。本文在评介加拿大外国银行分行准入的标准、申请程序及相关信息要求的基础上,对我国相关制度的完善进行一些思考。     

家庭暴力受害经历与青少年犯罪之间的因果关系研究

家庭暴力与青少年犯罪作为共存于家庭和社会的两大问题,两者之间存在着密切的联系。本文以多维的视角,揭示了家庭暴力受害经历与青少年犯罪之间的因果关系,并提出了在干预家庭暴力视野下的青少年犯罪预防策略。