Why Japanese citizens evaluate the new indirect tax as unfair: Fairness criteria and their relative importance

The study examined citizens' fairness evaluation of the consumption tax recently introduced in Japan, and explored the underlying criteria and their relative importance in judging the fairness of the tax and the procedural fairness by which the tax was introduced. Five dimensions were obtained in factor analysis. Multiple regression analysis revealed that three dimensions contributed to total fairness of the tax: Procedural Fairness, Outcome Evaluation, and Affective Responses. Further analyses revealed that ramming the bill, sufficient discussion, and reflection of citizens' opinions were crucial for Japanese citizens judgment of procedural fairness. The results supported Leventhal's theory: ethicality, accuracy, and correctability were important.     

Sensitivity to befallen injustice and reactions to unfair treatment in a laboratory situation

At Time 1, 171 students were administered questionnaires for measuring sensitivity to befallen injustice (SBI), trait anger, anger in, anger out, anger control, self-assertiveness, and attitudes toward principles of distributive justice (equality of chances, equity). Two months later (Time 2), 75 of these subjects were treated unfairly in a laboratory situation dealing with competition and achievement behavior. Two justice principles were violated: the equality of chances principle and the equity principle. Four weeks later (Time 3), 32 subjects evaluated the unfair treatment in retrospect. All three occasions were presented as independent studies with the subjects perceiving no connection between them. In line with our hypotheses, we found that immediate and delayed reactions to the unjust treatments depended to a considerable degree on SBI. For example, the combined score of the SBI questionnaire predicted, with a beta weight of .71, a combined rating of three experts who used various sources of objective information (e.g., tape-recorded interactions between subject and experimenter) to estimate the degree to which the subject displayed emotional, verbal, and behavioral resentment against the unfair treatment. At the same time, measures for other constructs (e.g., assertiveness, trait anger, anger expression), which can also be linked theoretically to the criteria, explained either none or a much smaller proportion of variance in reactions to unjust treatment.     

Toward Understanding the Psychology of Reactions to Perceived Fairness: The Role of Affect Intensity

In social psychology it has been argued that the importance of justice cannot be overstated. In the present paper, we ask whether this indeed is the case and, more precisely, examine when fairness is an important determinant of human reactions and when it is less significant. To this end we explore what drives people's reactions to perceived fairness and argue that although social justice research has reported effects of fairness perceptions on people's affective feelings, a close examination of the literature shows that these reactions appear less frequently and less strong than one would expect. It is proposed here that this has to do with the neglect in the social psychology of justice of an important determinant of affective reactions: individuals' propensity to react strongly or mildly toward affect-related events. As hypothesized, findings of two empirical studies show that especially people high in affect intensity show strong affective reactions following the experience of outcome fairness (Study1) and procedural fairness (Study2). When affect intensity is low, however, weak or no fairness effects were found, suggesting that then fairness may not be an important issue. In the discussion it is thus argued that incorporating affect intensity into the justice literature may further insights into the psychology of reactions toward fairness.     

Acting on delusions: the role of negative affect in the pathway towards serious violence

Acting violently on delusions is a significant clinical problem. Recent research has identified state anger as key component in the pathway from persecutory/threat delusions to serious violence. To determine the magnitude of the effect of delusional anger and to investigate a dose-response relationship we carried out a prospective follow-up study of forensic in-patients discharged into the community. Men and women (n = 409) were assessed before/after discharge at 6 and 12 months (Positive and Negative Syndrome Scale, MacArthur Community Violence Interview). No association was found with a content un-specific measure of delusions, thought disorder, hallucinations, grandiosity and violence. Suspiciousness/persecution was significantly associated with both violence and anger. Anger was also associated with violence. Mediation analyses suggested that 84% of the association between suspiciousness/persecution and violence was explained by anger. Key target of interventions should primarily be the anger; treatment of delusional beliefs plays a secondary role in the management of risk.     

Policing protest,security and freedom: the 2014 G20 experience

This article examines the policing of a major international political event (the G20 Meetings in Brisbane, Australia in 2014) from the perspective of the police and representatives of demonstrator groups who participated in the event. The article locates the policing of the 2014 G20 meetings within the history of the policing of major international political meetings in other countries. It analyses the legal framework within which the policing of the Brisbane G20 meeting was undertaken, comparing and contrasting these with legal frameworks developed for similar meetings and associated demonstrations in other jurisdictions. In the case of the Australian G20 Act, the legislation prioritized security over human rights, including the freedoms of expression and peaceful assembly. The strategies and planning processes applied by police in the lead up to the G20 are discussed, including the efforts made to ensure policing responses were respectful of the democratic rights of protesters. Drawing on interview and other data, the article reveals a diversity of perspectives on the ‘human rights’ policing and dialogue models, and provides an assessment of ‘Operation Southern Cross’ based on the post-event review of the G20 legislation undertaken by the Queensland Crime and Corruption Commission. The authors conclude that the policing of G20, based on extensive dialogue and minimization of coercive public order strategies, fostered a peaceful G20 event. The article concludes with observations about the perceived success of G20 policing in Australia, and indicates some lessons learned for best practice policing for future global events.     

议海上保险代位求偿之诉的程序障碍

虽然近些年来理论界对海上保险代位求偿权的相关问题做出了较多的分析和研究,但在程序问题上仍然存在争议,例如被保险人对第三人的诉讼已进行至二审和执行程序时,保险人赔付后如何行使代位求偿权,目前实践中对此认知还比较混乱。从相关法律法规出发,结合理论和实务进行讨论,以期为理解中国的海上保险代位求偿权程序法律制度提供思路。     

The effects of procedural aspects and outcome salience on procedural fairness judgments

The effects of process control and decision control on procedural fairness judgements are examined with regard to the procedure used by commercial banks in granting business credits to entrepreneurs. Male and female entrepreneurs with experience in requests for business credits were interviewed about several aspects of the procedure for granting business credit. Respondents had either a positive or a negative experience with credit granting (i.e., the request was or was not rewarded). The outcome-oriented and the procedure-oriented explanations for the effects of process control on procedural fairness judgments are discussed. The results show that, contrary to expectation, process control had no effect on the procedural fairness judgments. On the contrary, perceived seriousness of treatment, as well as the predicted effects of decision control, did influence procedural justice judgments. Moreover, some support was found for the contention that seriousness of treatment functions as precondition for process control effects (Tyler, 1987). Neither the outcome-oriented, nor the procedure-oriented explanation could fully account for the findings. It is assumed that the specific aspects of the situation are responsible for the results, indicating how important the situational context is in research concerning procedural justice.     

Injustice and Employees' Destructive Responses: The Mediating Role of State Negative Affect

The focus of this study was employees' destructive behavioral intentions (i.e., exit, neglect, and aggressive voice) as a result of perceived injustice. In order to get an indication of the generalizability of the results, two studies employing different methodologies were conducted among different samples: a survey study (Study 1) among 244 female maternity nurses from The Netherlands, and a vignette study (Study 2) among 71 male and 43 female employees from an international company in South Africa. Furthermore, the second study tested whether the effects of injustice on destructive behavioral intentions were mediated by state negative affect. Two models appear to fit the data well. The first model suggests that interactional injustice gives rise to negative behavioral reactions through an increase in state negative affect. The second model shows that procedural justice can buffer the negative effects of low distributive justice. Specifically, employees report more negative affect and, subsequently, a stronger tendency to leave the organization only when both distributive and procedural justice are low. The theoretical and practical implications of these findings are discussed.     

刑事诉讼法第120条实施后对法医学的负面影响

正当我国法医学鉴定体系处于机构重叠、人员分散、三家鼎立、政出(鉴定)多家的无序状态时,新刑诉法(指1997年1月1日起施行的<刑事诉讼法>)第120条的规定又重新增添了法医学鉴定机构,即省级人民政府指定的医院,来负责对有争议的人身伤害案件进行法医学重新鉴定.这一规定施行两年以来,使我国原本就十分无序的法医学体系,更加混乱不堪,种种弊端和隐患在短时间内迅速地暴露出来,给我国法医学事业造成了严重的负面影响.     

Frustration effects in procedural justice research: The case of drug-testing legislation

A scenario methodology was used to investigate reactions to negative outcomes resulting from drug-testing procedures. The drug-testing procedures reflected variations in State law governing the use of drug tests in employee selection. Results suggest that individuals responded most negatively to negative outcomes resulting from the legally mandated procedures. Results are discussed as an example of the frustration effect observed in the procedural justice literature. Frustration effects were most severe for individuals who were most certain, based on personal knowledge, that the drug test results were inaccurate.     

Context effects on procedural justice: Effects of interrelatedness,trust, and penalty on procedural preferences

The relationship of context to procedural preferences was studied by examining the effects of interrelatedness, trust, and penalty on preferences for adversary and inquisitorial hearing procedures. Subjects imagined themselves members of different communities and were led to believe that they had been accused of committing an offense of which they knew they were innocent. Interrelatedness, trust, and penalty interacted to affect subjects' ratings of both hearing procedures. Subjects in highly trusting settings (i) preferred the inquisitorial procedure more than those in nontrusting settings and (ii) preferred the adversary procedure less than their nontrusting counterparts. A penalty effect was also found. As penalty increased, subjects increased in their preference for the adversary procedure and decreased in their preference for the inquisitorial procedure, but only in noninterrelated communities. The implications for prior research and for the role of interrelatedness in procedural choice are discussed.     

Personality and Ability Effects on Reactions to Argumentative Unfairness

The study focusses on the relationship of personality and reactions to unfair argumentative contributions. Unfair contributions were embedded in four argumentative episodes and presented in written, auditory, and role-play mode. Each participant's cognitions, emotions, and verbal responses were assessed and aggregated across the four episodes. Although no differences in evoked cognitive, emotional, and verbal responses arose between the different presentation modes, the identification of unfair contributions and the verbal responses' collaboration depended on the participants' cognitive abilities and personality traits. Implications for theory and practice of social justice research are discussed.     

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).     

程序正义视阈中的我国侦查程序

正当法律程序所包含的程序公正性与合理性的标准,实际上构成了人们所公认的程序正义理念的最基本内容。具有现代性的中国侦查程序理念并非都是本土资源自然生长的结果,但如果对西方现代侦查程序理念进行＂照搬式＂的移植,会使我国侦查程序成为诉讼诸多＂病灶＂的集中地之一。因此,应从侦查程序正义理念的基本价值为起点,在剖析我国侦查程序现状与缺陷的基础上,对未来侦查程序的构建提出一些有益的思考和建议。     

论民事抗诉对实现司法公正的价值

司法公正是社会主义法治内涵的核心价值,它直接关系到公民的人身、财产安全和社会的稳定与安宁.民事抗诉制度对于实现司法公正具有重要的价值,具体表现在:它能有效地监控法官的自由裁量权,有效地节省司法资源,克服司法地方化.正因如此,在我国目前条件下,民事抗诉制度只能不断完善与加强,决不能削弱,更不能废除.     

程序法律论证基本问题研究

获得合理的裁判结论最终是追求实体问题的合理解决,但在司法实践中往往只注重实体问题本身,忽视了程序性证明对实体性裁判结论的影响。法律论证由实体法律论证和程序法律论证组成,通过程序法律论证体系的构建,其所涉及的程序法规范论证、程序性事实论证、逻辑推理方法论证、程序性结论论证等能阐明其论证范围及对实体裁判结论的影响,以获得程序性证明体系的基本内容和方法。     

刑事诉讼中推定的适用

推定是根据经验法则或法律规定,由已经过证明的基础事实直接推出另一事实存在的替代证明制度。它导致证明责任的减轻,在刑事诉讼中应当慎重使用。以比较方法对推定的概念进行了分析,并系统说明了推定的理论基础、适用条件、救济等基本问题。     

Procedural decisions in intergroup conflict situations: The influence of hierarchical group membership

A review of research on procedural and distributive justice shows that whereas distributive justice research has examined people's actual choice of outcomes, procedural justice research has paid little attention to the investigation of people's actual choice of procedures. In the present paper, three experiments are presented, all investigating people's actual choice of procedures. In all three experiments, participants were in a middle-management position where their subordinates demanded an opportunity to voice their opinion, while their superiors demanded that the subordinates should not be allowed voice. In Experiments 1 and 2 it was found that participants who were induced to identify with the low hierarchical group (subordinates) allowed more voice than participants who were induced to identify with the high hierarchical group (superiors), but that the effect of hierarchical group membership was absent when maximizing performance (Experiment 1) or participative values (Experiment 2) were explicitly emphasized. In Experiment 3 it was found that the effect of hierarchical group membership on procedural decision making was also evident in persons who progressed from identifying with both hierarchical groups to identifying with one hierarchical group. In the discussion it is argued that cross-fertilization between the fields of procedural and distributive justice will deepen our understanding of social justice in general.     

民检抗诉制度的发展定位与原则思考

在司法改革中如何重构民检制度,这是目前学界议论较多的课题之一。本文作者对此进行了一些思考,提出民检抗诉制度的发展定位应当体现促进检察制度的发展、规范监督方式和提高审判水平的内容,同时,应当遵从尊重当事人诉权与处分权、维护国家利益和社会公共利益、严格依法办事、以及适度调查取证的工作原则。     

民事诉讼侵害阻断制度释义及其必要性分析

在诉请法院判令对方当事人履行特定行为义务的诉讼中，传统的作法是必须待到判决确定后才能对侵害行为采取措施。在此前，无论是法院还是权利人均没有权利制止侵害的继续发生。这种做法会使权利人的利益蒙受巨大的损失，也会造成社会资源的浪费。因此，有必要针对诉讼中发生的侵害设立阻断侵害以保全现状的制度，避免权利人遭受难以弥利、的损失。我国现行有关侵害阻断的规定，大多属于应急性措施，立法界对其必要性缺乏足够的认识，理论界既有的研究成果中对该项制度的本质与特征也存在着误解。