Advance notice as a means of reducing relative deprivation

Considerable research has documented that global perceptions of proceduralv fairness are associated with reductions in relative deprivation (RD). Less research has examined the specific process elements that lead individuals to perceive procedural fairness. In view of this, several researchers have suggested that providing advance notice concerning a negative decision increases perceived justice and thereby lowers levels of RD. Unfortunately, the evidence for this causal relationship is currently limited and is based upon a small number of correlation and role-playing studies. Thus, the present paper reports on two experimental studies that investigate the causal relationship between advance notice and RD. Findings in Study 1 showed that advance notice impacted the cognitive aspects of RD but not the affective or behavioral aspects. However, some methodological limitations were identified. These were corrected and a second experiment was conducted. This time advance notice lowered both the cognitive and affective aspects of RD but still did not impact the behavioral measure. Results are discussed in terms of Tyler's (1987) group value model.     

The intellectual adolescence of organizational justice: You've come a long way,maybe

To highlight the advances and limitations in the study of organizational justice as reflected by the articles in this issue, the field is characterized as being in its intellectual adolescence. Following this analogy, some signs of scientific maturity are noted. Among these are (a) increased attention to the connections between organizational justice and various organizational processes, (b) expanded efforts toward conceptual refinement, and (c) greater reliance on research conducted in natural settings. At the same time, the adolescent state of the field is also marked by its intellectual awkwardness and immaturity. Indications of this include (a) the absence of guiding theory, (b) an underdeveloped research agenda, and (c) an overreliance on the use of ad hoc measurements. Based on these limitations, suggestions are made for ways of nurturing the field's development. The article concludes with an optimistic vision of tomorrow's field of organizational justice.     

论《水浒传》梁山聚义的起因、性质和结局

《水浒传》中梁山英雄们进行的是一次自发的对上层统治集团的暴力反抗活动，不是一场有预先准备，精心组织的农民起义，他们被“逼上梁山”，从个体来看，大多并不是由于朝廷的压迫，而是由于自身的原因或为梁山集团所逼，但是从群体的角度来看，这么多人被逼上梁山，仍然反映了深刻的社会危机，从这一角度来看，《水浒传》仍然表达了“官逼民反”的思想，只是这“民”主要是流民阶层，正是由于其流民集团的性质，导致其最后走上失败之路，因此，梁山招安就具有必然性。     

试论行政相对人程序性权利的设定原则

随着程序权利观念的不断深入,世界各国对行政程序越来越重视,相对人在行政程序上的权利,已成为现代行政法学研究的重要课题。目前法学理论对行政相对人程序性权利的研究颇多,但由于程序性权利内容广泛并处于不断变化发展之中,所以笔者认为明确相对人程序性权利的设定原则最为关键。文章从行政相对人的性质、地位着手,提出了信息交流畅通原则、操作简易性原则、事前保护为主和事后保护为辅的原则、保护基本权利的原则等设定行政相对人程序性权利应遵循的原则。     

Workplace justice and employee worth

Distributive and procedural justice gain new meaning in light of other distinctions about how organizations value employees (the employees' “worth”). Fair compensation gives employees worth as achieved status: how the employee is like some employees (similarly rewarded) and not like others (dissimilarly rewarded). But employees also want to be treated uniquely as individuals and in other ways to be treated like all other employees, both reflecting worth as ascribed status. Such worth need not involve the distribution of outcomes; it can be gained if procedures function as ends in themselves. Different types of worth thus become the source of different criteria for justice. Based on a paper entitled “Justice as Worth,” which was prepared for the Third International Conference on Social Justice research (held in the Netherlands during July 1991).     

合作作品含义探析

我国著作权立法对合作作品的定义没有做出正面、明确的规定,导致学说和实践对合作作品的认定存在很大的分歧。应该坚持制度创新,将合作作品认定为“由数位作者付出独创性劳动、并且各自的创作意图和合理期望均指向该部以最终形式表现出来的、同一部完整的共同作品。”     

社会公平正文的制度经济学分析

实现和维护社会公平正义,是构建社会主义和谐社会的关键。本文从制度经济学视角对社会公平正义进行了分析,指出它的制度属性和所具有的强制性、局限性、承接性和阶段性特征,探讨了关于社会公平正义的制度变迁的诱致原因,提出了进行社会公平正义制度建设的几点建议。     

DOES CRIME JUST MOVE AROUND THE CORNER? A CONTROLLED STUDY OF SPATIAL DISPLACEMENT AND DIFFUSION OF CRIME CONTROL BENEFITS*

Recent studies point to the potential theoretical and practical benefits of focusing police resources on crime hot spots. However, many scholars have noted that such approaches risk displacing crime or disorder to other places where programs are not in place. Although much attention has been paid to the idea of displacement, methodological problems associated with measuring it have often been overlooked. We try to fill these gaps in measurement and understanding of displacement and the related phenomenon of diffusion of crime control benefits. Our main focus is on immediate spatial displacement or diffusion of crime to areas near the targeted sites of an intervention. Do focused crime prevention efforts at places simply result in a movement of offenders to areas nearby targeted sites—“do they simply move crime around the corner”? Or, conversely, will a crime prevention effort focusing on specific places lead to improvement in areas nearby—what has come to be termed a diffusion of crime control benefits? Our data are drawn from a controlled study of displacement and diffusion in Jersey City, New Jersey. Two sites with substantial street‐level crime and disorder were targeted and carefully monitored during an experimental period. Two neighboring areas were selected as “catchment areas” from which to assess immediate spatial displacement or diffusion. Intensive police interventions were applied to each target site but not to the catchment areas. More than 6,000 20‐minute social observations were conducted in the target and catchment areas. They were supplemented by interviews and ethnographic field observations. Our findings indicate that, at least for crime markets involving drugs and prostitution, crime does not simply move around the corner. Indeed, this study supports the position that the most likely outcome of such focused crime prevention efforts is a diffusion of crime control benefits to nearby areas.     

试论民间法的司法进入

法律的存在应该回应社会的需求,因此,国家不应忽视在社会中起实际调整作用的民间法。民间法具有地域性、非正式性和内生性等特点,它的特点决定了民间法进入国家法的最好途径是司法途径。当然这种进入不是无条件的,它要求能够作为法源的民间法要具有普遍性、延续性、适时性、合理性、可诉性和权利义务性。     

中国刑事证据立法的基本理念

证据制度是一国诉讼制度中重要的组成部分。我国目前证据立法过于粗疏 ,可操作性不强 ,远远不能满足司法实践的需要。合理地重构证据制度 ,应当对传统证据理论进行全面检视 ,在此基础上准确把握现代刑事证据制度藉以立足的基本理念 ,惟此方能实现理性立法。