Procedural preferences,perceptions of fairness,and compliance with outcomes

Mental health professionals (N=198) read a vignette describing malpractice case and were asked to imagine themselves in the role of defendant. Using a between-subjects design, each subject was offered two possible trial procedures for resolving the case, the standard adversary procedure (ADVERS) and one of five possible hybrid procedures. Using scales that juxtaposed these two procedures, subjects provided judgments on 12 procedural justice dimensions. A series of regression analyses examined the most important determinants of PREFERENCE judgments, FAIRNESS ratings, and ratings of imagined COMPLIANCE with trial outcomes. PREFERENCE raings were significantly influenced by perceived FAIRNESS of the procedures and by OUTCOME CONTROL. Perceived ACCURACY of the available trial procedures contributed most of the unique variance explained for dependent measures of FAIRNESS AND COMPLIANCE. Results are discussed in terms of the procedural justice attributes of alternatives to the standard adversary process for resolving medical malpractice cases.Division 41 Presidential Address presented at the Annual Convention of the American Psychological Association in Toronto, August, 1993. I would like to acknowledge the substantial assistance of Mary Murrin with the data analysis, and to thank Richard Wiener for comments on a earlier draft of this article.     

Predictors of principals’ perceptions of school resource officer effectiveness in kentucky

In recent years, many states have increased the presence of law enforcement at schools in response to a perception that schools have become unsafe places for children. The data regarding the impact of school resource officers (SROs) on school safety are limited, however. Using survey data collected from 128 principals, we examine the impact of SROs on perceptions of school safety among school administrators in Kentucky. Results indicate that most principals in Kentucky feel that SROs provide a valuable addition to school safety in their schools; however, the results also reveal the importance of communication between principals, SROs, and law enforcement supervisors regarding the nature of the SRO role. The implication of these findings and their impact on future policy is also discussed. An earlier version of this paper was presented at the annual meetings of the American Society of Criminology, Denver, CO, 2003.     

Social support and inmate rule violations: A multilevel analysis

Social support theory is important in explaining inmate behavior within prison but has been largely ignored in the research. Using multilevel analysis, the study examined the effect of social support on inmate misconduct measured by disciplinary infractions in the 1997 Survey of Inmates of State Correctional Facilities in the United Slates. Findings indicate that several social support variables at both the inmate level and prison level affect inmate rule violations per month.     

The effectiveness of reintegrative shaming and restorative justice conferences: focusing on juvenile offenders' perceptions in Australian reintegrative shaming experiments

This article examines the effectiveness of diversionary restorative justice (RJ) conferences through the eyes of juvenile offenders. In Australia, Reintegrative Shaming Experiments (RISE) are based on Braithwaite's theory of reintegrative shaming. Previous studies, although showing that RISE reported high levels of victim satisfaction and positive changes in the attitudes of offenders, also demonstrated that it has different outcomes for juvenile offenders depending on the type of offense with which they were charged. However, the effectiveness of RISE in terms of the offenders' perceptions has not been addressed, and the impact of the offenders' perceptions about RISE still remains under investigation. Using Australian data from RISE between 1995 and 1999, this article examines juvenile offenders' perceptions on preventing reoffending, repaying the victim and society, and the degree of repentance. The data were taken from interviews with juvenile offenders to measure their perceptions after the court or RISE processing. A comparison of standard court processing effects and RISE on juvenile offending, including property crime, shoplifting, and violent offenses, was undertaken. The results from this study were somewhat inconsistent with previous research. In this study, there was no significant relationship between RJ conference and the offenders' own perceptions on the prevention of future offending. However, it was found that there were treatment effects on repaying the victim, repaying society, and the degree of feeling repentance, and that younger offenders wanted to repay the victim/society and feel repentance.     

Facilitating corruption and human rights violations: the role of international financial institutions

The connection between corruption and the suppression of human rights has been recognized by scholars of human rights, state and state-corporate crime, non-governmental organizations, the United Nations as well as various governments. Scrutiny of governmental and/or regime corruption has been a primary focus, in relation to barriers and/or violations of human rights. Additionally, multinational companies’ complicity in corruptive policies and practices has raised concerns, in particular in the arms and natural resources sector. Glaringly absent, however, within the criminological literature are discussions of, and research on, the role of international financial institutions (IFIs) in relation to high levels of state corruption, save for the relatively little criminological research that has explored how cooperative endeavors between international financial institutions, transnational corporations, and states often result in demonstrably harmful activities as a result of structural adjustment policies. As such, it seems appropriate to consider how certain components and/or policies of IFIs facilitate rather than constrain corruptive practices by regimes, militias, paramilitaries, and transnational corporations. Such an exercise is not only important for its etiological contributions, but also to draw criminological attention to this phenomenon and because these organizations have stated a commitment to reducing state level corruption. I hope to extend the focus and insights of criminological analysis of crimes of globalization herein.     

市民社会及其理念——市民法的基石

市民社会是个历时性的概念。它经历了等同于政治社会,与国家/政治社会相分野,区分于国家、经济的文化领域等几个时期。各时期有着不同的价值理念,即市民社会的理念。由市民社会—市民社会的理念—市民法的理念—市民法这一线索可看出,市民社会及其理念对市民法及理念起着基础作用。民法典的编纂过程中应吸纳西方市民法固有品格,进而推动市民法及其理念在中国的根植。     

Civil Cases and Society: Process and Order in the Civil Justice System

It is not an exaggeration to say that we live in an era preoccupied with the problems and challenges of obtaining justice in civil cases. Concerns expressed about the civil justice system range from warnings that civil court dockets are clogged by disputants too litigious for their own good to complaints that the legal system is used too rarely in civil cases.
The authors approach their analysis with a sense that this subject area is in need of more and better theory. It is an unfortunate fact that discussions of civil justice—and suggestions for reform—have been marked by contradiction and confusion and have been engrossed with small matters that tend to obscure from view the system as a whole.
The first part of this essay focuses on what the civil justice system is and does. It presents a five-stage model of civil case processing and examines relationships between this model and the criminal justice system. The second part of the essay considers this model in a broader context. Here the authors examine two paradigms of civil case processing and their implications for the implementation of legal norms and the pursuit of justice in society.     

民法的回顾与展望

主题:“中国民法建设论坛”第一场讲演人:江平(中国政法大学终身教授)评论人:苏永钦(台湾政治大学教授)主持人:米健(中国政法大学教授)时间:2005年12月19日下午2:00-4:30地点:中国政法大学研究生院教学楼219室米健教授(主持人):谢谢诸位光临“中国民法建设论坛”首场讲演现场。“中国民法建设论坛”是中国政法大学比较法研究所和中德法学院联合举办的第一个大型的民法学术论坛。今天的首场论坛请到了大家都很敬重的江平老师担任主讲。江老师今天讲的题目是“民法的回顾与展望”,实际上他是要把近几年来,他对民法学的研究以及参与民事立法的…     

尊重生活、承续传统:民法典编纂与民事习惯

编纂民法典是一项十分复杂的工作,从尊重生活、承续传统出发需要处理好民法典与民事习惯的关系.我国现有宪法、法律(狭义)、行政法规、地方性法规、部门规章、地方政府规章都对民事习惯有具体规范或概括规范,涉及物权习惯、商事习惯、婚姻家庭习惯、继承习惯、丧葬习惯等民事习惯.但现有法律规定没有明确将习惯规定为一般法源,规定的内容较具体而不能涵盖全部民事行为,需要在民法典编纂时予以认真对待、恰当处理.     

民事诉讼中法院的释明:法理、规则与判例——以日本民事诉讼为中心的考察

在近年民事审判制度改革的的议论中,强化当事人的程序主体地位,弱化法院职权,建构"约束性辩论原则"的呼声似乎已成学界共识,[1]实务界对此也予以一定程度的呼应.[2]这一改革趋向被认为是民事诉讼的必然要求:既然民事诉讼以解决平等主体间的纠纷为目的,私法自治原则在民事诉讼中同样应得以体现,那就是不仅诉讼的开始与终结取决于当事人的处分自由,而且在诉讼资料的收集层面也要强调当事人自治,当事人自我责任是民事诉讼的本质反映.     

民事再审:基础置换与制度重建

本文指出 ,我国现行再审制度是建立在审判监督权和检察监督权基础之上的 ,建构在这种权力基础上的审判监督程序没有能够与民事诉讼的特性、民事诉讼的基本原则、民事诉讼的一般原理整合 ,从而导致了再审制度与民事诉讼基本原则和原理的紧张和冲突 ,现行再审制度运营中的若干问题大多源于这种紧张和冲突。作者认为 ,应当将再审制度的基础置换为再审诉权 ,将再审制度建立在再审诉权的基础上 ,按照诉的原理建构再审之诉。这种置换与重构不仅符合民事诉讼特性 ,也符合民事诉讼基本原则和民事诉讼基本原理的要求。     

Traffic violations: determining the meaning of violence in sexual trafficking versus sex work

This contribution will consider the current linkages among migration, sex work, trafficking in persons, and violence. Efforts to end trafficking in persons are perhaps the most important contribution to antiviolence program design in the global arena over the past decade. Significant funding and technical assistance are flowing to organizations to prevent and alleviate the effects of trafficking, and new legislative regimes have been established within countries and globally (e.g., the 2002 UN Crimes Commission's Protocolon Trafficking in Persons). To explore how trafficking and international sex trade issues converge, the author draws on participant observation in international debates such as Beijing Plus Five and the Crimes Commission from 2000 to 2001, on interviews with key figures in the antitrafficking world and with sex-worker rights advocates, and on program documentation.     

Citizens' perceptions of police misconduct: Race and neighborhood context

One of the most controversial issues in policing concerns allegations of police abuse of members of minority groups. This article examines African Americans' and whites' perceptions and experiences of three types of police misconduct: unjustified street stops of citizens, verbal abuse, and use of excessive force. The study is based on in-depth interviews with residents of three neighborhoods in Washington, DC, which vary in racial and class profile. Findings support the thesis that neighborhood context conditions residents' attitudes and reported experiences with the police. Residents of both the white and the black middle-class neighborhoods were less likely to perceive or experience police abuse in their neighborhoods than were residents of the black lower-class neighborhood. Neighborhood class position thus may be an important, but often overlooked, factor shaping citizens' attitudes and experiences. In encounters with the police outside the neighborhood, however, individuals' race becomes salient. Implications are discussed for understanding the role of race, class, and neighborhood context in police-citizen relations.     

民事诉权论纲

诉权是当事人因民事实体权利义务关系发生争议或者处于不正常的状态 ,从而请求法院予以裁判解决的权利。诉权与诉讼标的是联系非常紧密的一对概念 ,诉权学说与诉讼标的学说更是迈着同样的理论发展脚步 ;诉权学说经历了从私法诉权说到公法诉权说 ,再到诉权否认说的三个阶段 ,实际上每一种诉权学说都存在着明显的缺陷 ,一种完美的诉权学说至今仍然没有出现 ,但是公法诉权说的一些观点已经成为世界大陆法系主要国家的通说 ;诉权必须具备程序上和实体上的要件 ,否则诉权便不能正常行使和切实实现。     

论民事权益位阶:以《民法典》为中心

我国《民法典》虽然已经构建了完善的民事权益体系,并已在相关条款中就权益位阶作出了规定,但并没有全面确立清晰的权益位阶。在普遍存在的权益冲突中,不同权益的价值分量并非等同,在这一背景下,建立妥善的权益位阶理论,有助于防范化解冲突,有效贯彻立法者的价值判断,并辅助裁判者进行准确的利益衡量。通过对《民法典》民事权益体系的解释,可以对民事权益的位阶进行如下排序:物质性人格权、精神性人格权、身份权、人格利益、财产权利、财产利益。民事权益位阶在司法适用中并不是机械地排序取舍,而应结合个案场景妥当地进行利益衡量。民事权益位阶主要涉及高位阶权益的优先保护、低位阶权益的妥协容忍、民事责任的限制和排除、合同的解除以及对利益受损者的适当补偿等效果。     

Courtship violence using couple data: characteristics and perceptions

This study examined courtship violence using couple data. Participants were 50 heterosexual dating couples with at least one member of the couple being a university student. Using the Conflict Tactics Scales 2 (CTS2), both members of a couple reported on received and inflicted physical and psychological violence. The prevalence of physical aggression depended on how violence was defined. On the CTS2, 60% of couples were considered physically violent when within-couple agreement was not considered; this dropped to as low as 28% when agreement had to be present. Women were more likely than men to report inflicting psychological aggression and to report aggressing against their partner with a playful intent. Taken together, these findings demonstrate the need to continue to examine courtship violence, especially by utilizing responses from both members of a couple.     

《民法通则》规定的民事责任——从物权法到民法典的规定

权利、义务、责任是法律的基石,法律的内容是在权利、义务、责任的基础上展开的,民法也不例外。我国《民法通则》关于民事责任的规定值得重视,物权法和未来的民法典应当继受《民法通则》创立的民事责任制度。未来我国民法典应当借鉴《德国民法典》和旧中国民国时期的民法典,设立物权编和债权编,但是不必规定物权请求权,可将物权请求权转变为侵权责任,规定在民法典的侵权责任编中。将物权请求权转变为侵权责任,不仅不会破坏物权与债权的科学体系,而且会使物权与债权的区分更加明晰,使债与责任的区分更加明晰。     

论民事习惯与民法方法——以《日本民法典》的制定经验为例

中国未来民法典与其传统伦理、传统法文化的重要渊源——民事习惯之关系问题在民法学界基本没有深入展开讨论.日本民法典制定过程中对民事习惯所采取的从排斥到吸纳甚至给予极高地位的反复经验对中国未来民法典如何体现中国特色可能具有重要的启示.日本民法典有关民事习惯的制度安排及其后续遗留问题的处理模式对中国未来民法典民事习惯位置的讨论提供了生动的个案.中国当下的社会结构以及经济发展程度需要将来的民法典必需慎重对待中国固有民事习惯,以便保障民法典的伦理基础和惯行定式.