论法律形式合理性的十个问题

法律制度的理性化表现在两个方面,一为实质合理化,一为形式合理化。法治原则在司法领域必然意味着形式合理性的优先,即,在司法过程中,当个案处理结果的实质合理性与法律本身的形式合理性可以两全时,司法者应当而且必须兼顾这两种价值,在司法裁判中同时实现个案中的实质合理性与法律的形式合理性;然而,当实质合理性与形式合理性发生不可两全的矛盾而不得不有所牺牲时,司法裁判则应当以优先实现形式合理性为原则,以牺牲形式合理性为例外。无论是对于持有社会本位价值观念的人们而言,还是对于持有个人本位价值观念的人们而言,只要他们遵循理性的指引来选择达成目的的手段,以优先实现形式合理性为原则、以牺牲形式合理性为例外的司法公正,都是唯一合理的选项。     

Area characteristics and regional variates as determinants of area property crime levels

This article seeks to examine the area characteristics that act as determinants of area property crime levels, namely, incidence and prevalence. The crime figures are extracted from the 1984 British Crime Survey. Area characteristics are taken from the 1981 UK census. Initial exploratory analysis considers the non-Gaussian nature of the crime data, the statistical implications of this, and the transformations used to overcome these problems. In addition, possible regional and inner-city/non-inner-city variations are considered. The later stages move from simple individual correlations to multiple regression models. Three regression models are considered and the reasons for refining these are explored, with the results indicating that both area characteristics and regional influences play a role as determinants of the area crime level. In particular, population density and the area population age profile have significant roles to play. The conclusions support the recent revival of the application of ecological concepts in the analysis of crime levels.     

罪刑法定原则论纲

罪刑法定原则是刑法的根本原则,它存在的形式前提是宪法中规定的法治原则,而实质前提则是民主主义与自由主义。作为刑法原则,罪刑法定原则在形式上表现为四个派生原则,在实质上就是人权保障原则。由于两大法系对法治主义理解的不同,所以罪刑法定原则在大陆法系表现为面向实体的原则,而在英美法系则表现为面向程序的原则(实体的正当程序原则)。罪刑法定原则的实现,首先是作为立法原则,其次是作为司法原则,其不是实现在刑法运行的某一阶段,而是实现在刑法运行的全过程中。     

刑事诉讼价值评论

我国目前两种主流的刑事诉讼价值观———“目的价值观”和“过程价值观” ,都存在着一定的理论瑕疵。从价值的一般涵义出发 ,现代刑事诉讼价值体系是一个多层次、有结构的统一体 ,它涵括了目的价值和形式价值两个子系统。目的价值是指刑事诉讼致力实现的社会理想和终极目标 ,具体而言是指自由和秩序的价值结构。而形式价值则是指刑事诉讼本身在组织结构上的形式合理性 ,即刑事诉讼程序必须具有独立性、中立性、平等性、公开性、科学性。     

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.     

Predictive Risk Modelling to Prevent Child Maltreatment: Insights and Implications from Aotearoa/New Zealand

Predictive risk modeling to identify children at risk of maltreatment has attracted considerable interest internationally. Using the example of the development of the predictive risk model in Aotearoa/New Zealand, the potential of such approaches to provide new insights into the causes of child maltreatment is explored with reference to what were identified as the main predictors of child maltreatment. The implications of these main predictors are considered both for the reform of child protection services and the future use and development of predictive risk modeling.     

Incentives to Rebel,Bargaining, and Civil War

To fully understand the effects of factors that encourage rebellion, we must differentiate between the way such factors influence mass decisions to join an ongoing rebellion and the way they influence the level of concessions offered by the government. We analyze a three-player bargaining model that allows us to do so. Our results indicate that governments tolerate a greater risk of conflict with their chosen concessions when any conflict that does occur is likely to take the form of a limited, rather than popular, rebellion. We demonstrate that rebellions are more likely to be popular when the general populace is relatively dissatisfied with the status quo and when the government is relatively incapable of putting down rebellions. Widespread poverty and low state capacity might therefore be associated with a lower likelihood of conflict, but a greater probability that the general populace will participate in any conflict that does occur.     

A Knowledge Management and Organizational Intelligence Model for Public Administration

This study explores the development of a KM-OI model and empirically tests, using structure equation modeling (SEM), nine hypotheses related to the following research questions: RQ1: To what extent does organizational culture impact strategy structure learning with environment and information technology?; RQ2: To what extent does information technology impact learning with environment?; RQ3: To what extent does strategy structure, learning with environment impact policies and practices of KM?; RQ4: To what extent do policies and practices of KM impact organizational intelligence? Based on the results of a web survey applied in two of the six largest economies, Germany and Brazil, the article shows the importance of KM and OI for public administration and concludes that the KM-OI model is useful to identify influential factors that must be taken into consideration to improve the processes of creation (KM) and application of knowledge (OI).