行政协作法律机制研究

加强行政机关间的配合协作,是积极避免权限冲突,充分发挥行政整体优势的有效措施。实践中的行政协作带有较强的行政色彩,依赖于各职能部门的主动配合,缺乏法律规制,效果不佳。在行政管理体制改革中,应通过立法规范行政协作行为,将行政协作纳入法制化轨道,以构建和谐行政,建设法治政府。     

Empathy through Animals: Generating Evidence‐based Outcomes for Empathy Development

Low empathy is a prominent trait associated with juvenile offenders. Many juvenile justice service providers strive to reduce risk factors associated with juvenile delinquency, while producing evidence‐based outcomes for targeted programming. The Youth Services Agency (YSA) Nature Center provides empathy development through animal therapy to adjudicated youth. This project generates evidence‐based outcomes and quantifies the impact of animal therapy on empathy development of adjudicated youth at the YSA Nature Center by utilizing self‐assessment tools. Results indicated trends that animal therapy increases the emotional empathy of YSA clients. Qualitative evidence implied that animal therapy had notable therapeutic value to YSA clients.     

Market Darwinism vs. Market Creationism: Adaptability and Fairness in the Design of Greenhouse Gas Trading Mechanisms

International rule-making and compliance routines with respect to the Kyoto Protocol are evolving rapidly. This paper examines potential designs of emissions-trading programs by comparing the emissions credit trading (ECT) and cap-and-trade models for achieving cost-effective reductions in atmospheric greenhouse-gas (GHG) loading in terms of their adaptability and fairness. Adaptability is a valuable attribute when markets and their governing institutions are evolving rapidly or when regulated entities do not yet have well-established and predictable compliance routines. Fairness in both procedures and outcomes is central to efforts to establish and maintain institutions of international governance. The key difference concerns the awarding of tradable emission rights, which occurs at the launch of a cap-and-trade program but following when firms reduce emissions below baselines in an ECT scheme. Implications of this difference are explored in terms of institutional adaptability and fairness during program-design stages. By not locking in emission rights at the outset, and by being amenable to incremental roll-out, ECT appears to have superior adaptive and fairness qualities during periods of rapid institutional evolution.     

Are Outcome Fairness and Outcome Favorability Distinguishable Psychological Constructs? A Meta-Analytic Review

Manipulations of outcome favorability and outcome fairness are frequently treated as interchangeable, and assumed to have redundant effects. Perceptions of outcome fairness and outcome favorability are similarly presumed to have common antecedents and consequences. This research tested the empirical foundation of these assumptions by conducting a meta-analytic review of the justice literature (N = 89 studies). This review revealed that outcome fairness is empirically distinguishable from outcome favorability. Specifically: (a) there is weaker evidence of the fair process effect when the criterion is outcome fairness than when it is outcome favorability, (b) outcome fairness has stronger effects than outcome favorability, and equally strong or stronger effects as procedural fairness on a host of variables, such as job turnover and organizational commitment, and (c) manipulations of outcome fairness and favorability have stronger effects on perceptions of procedural fairness than the converse.     

Societal Actors Shape Collective Identities of Minorities: Procedural Fairness Climate Effects on Identification,Subjective Well-Being and Psychological Health

In the present studies, we aimed to show that the perceived procedural fairness of societal actors’ multicultural decisions promotes ethnic minority members’ societal identification. These enhanced identification levels, in turn, contribute to better psychological health and well-being. Firstly, a vignette study in a sample of African Americans explored the effect of procedural fairness climate on identification. The second and third studies used self-report questionnaires. Study 2 consisted of a sample of sojourners in a university context, Study 3 analyzed online data through an African American sample. The studies provided evidence for the effect of procedural fairness climate on increased societal identification, which in turn mediates the fairness effect on increased well-being and psychological health. Societal actors can use procedural fairness to increase well-being when making decisions that involve ethnic minorities.

     

Expertise, Counterfactual Thinking, and Fairness Perceptions: A Test of Fairness Theory

While fairness theory (Folger & Cropanzano, 1998, 2001) suggests perceptions of injustice are due to accountability judgments and counterfactual thinking, few studies have examined the influence of contextual variables on counterfactual thinking and the mediating role of counterfactual thought. Further, the few studies that have examined this have resulted in mixed findings, which may be attributable to the methodology used. The present research utilized a unique approach to examine fairness theory: the double-randomized design. Study 1 showed that agent expertise is related to would and should counterfactual strength and the generation of other-attributed counterfactuals (X → M). Study 2 showed that would and should counterfactuals are related to fairness perceptions (M → Y). This study integrates previous research examining fairness theory and highlights the importance of counterfactual thoughts on fairness perceptions when a person’s level of expertise is made salient. Additional implications for research and practice are discussed.     

Affect and Fairness in Economics

A strained relationship exists between mainstream economics and ethics. Over the last decade, behavioral economists have strongly argued for the importance of fairness in motivating behavior, based on substantial experimental evidence. Two main approaches to the modeling of fairness have been proposed: the outcome-based inequity aversion approach, and the intention-based reciprocity approach. Both approaches have been quite successful in explaining the experimental evidence. Nonetheless, this paper questions the role that is assigned to fairness in these models and the way fairness is incorporated, using recent experimental findings concerning emotions and fairness perceptions. The analysis supports the view that feelings are important for justice, also from a policy perspective, and pleads for closer attention being paid to the functioning of emotional brain systems.

论刑事诉讼中实体公正与程序公正之关系

程序公正近年来在我国法学理论界引起很大争论与探讨,就刑事诉讼中实体公正与程序公正之关系,各种观点百家争鸣,而该问题不仅为诉讼理论问题,且关系到诉讼中人权保障、诉讼模式等一系列实质内容,但有些提法抛开法律文化背景与法制现状,一味强调程序优先或过分坚持实体优先,有失偏颇。     

Police Bias,Social Identity,and Minority Groups: A Social Psychological Understanding of Cooperation with Police

The present study uses Social Identity Theory as a framework to investigate the collective effects of perceived police bias, ethnicity and self-identification with different groups on respondents’ intentions to cooperate with police in general crime control efforts and in counter-terrorism policing. Drawing on survey data collected from 1,272 individuals from three ethnic minority backgrounds in Australia, the present study reports findings including: (1) significant and large direct positive associations between superordinate identity and willingness to cooperate with police, (2) small-to-moderate significant associations between perceived police bias and cooperation with police (positive for Vietnamese subsample; negative for Indian and Arab subsamples), and (3) significant interaction patterns between subordinate identity, perceived police bias, and ethnicity. Findings are discussed with respect to community-engaged prevention and prejudice reduction.     

Re: Fairness in UNHCR RSD Procedures: Open Letter

1 September 2006 Dear Mr. High Commissioner, We write to you on the anniversary of the publication of ProceduralStandards for Refugee Status Determination under UNHCR's Mandateto urge you to take immediate steps to fully implement basicstandards of fairness in refugee status determination at all     

Packer in Context: Formalism and Fairness in the Due Process Model

Herbert Packer's The Limits of the Criminal Sanction (1968) has spawned decades of commentary. This essay argues that Packer's two‐model conceptualization of the criminal process is best understood within his professional milieu of doctrinal legal scholarship and the political context of the Warren Court revolution. Within this context, the essay suggests a distinction between two due process visions: formalism and fairness. This distinction is useful for illuminating debates and decisions on criminal procedure matters in the Supreme Court such as Terry v. Ohio (1968) and Apprendi v. New Jersey (2000) . I conclude by encouraging sensitivity to legal and historical context in future commentary on Packer's framework.     

Empathy and objectivity in the legal procedure: the case of Swedish prosecutors

The role of empathy, the capacity to read someone else’s emotions, in the legal context has previously been studied in relation to primarily judges’ decision-making, often with a concern for objectivity. Our purpose is to study professional emotion management in the legal process through an analysis of Swedish prosecutors’ use of empathy. An ethnographic data collection took place between 2012 and 2015, including shadowing, observations and interviews with 36 prosecutors from 3 prosecution offices. The analysis shows that during the investigation, empathy helps identify the prerequisites of a crime and deciding if and how to prosecute. When preparing for trial, empathy is used to anticipate the situation in court. During the trial, the empathic process includes management of the emotions of others in order to stage credible testimonies, convince the judge and calm victims. The empathic process is oriented and restricted by the emotive–cognitive judicial frame through which prosecutors are rewarded by emotions of comfort and pride in demonstrating expertise of legal coding. We conclude that empathy is integral to prosecutors’ professional performance, including the requirement to be objective. The study points to the problems with silencing emotions and maintaining a positivist notion of objectivity in the legal system.     

Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders' Psychological Mechanisms in the Canberra RISE Drinking-and-Driving Experiment

Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences more effectively engage the psychological mechanisms of reintegrative shaming and procedural justice. This study uses longitudinal data from the drinking-and-driving study in the Australian Reintegrative Shaming Experiments (RISE) to evaluate the long-term impact of reintegrative shaming and procedural justice on support for the law and on later recidivism as assessed through the use of police records and by self-report. Analysis first suggests that there is no direct effect of experimental condition on later recidivism. However, it further suggests that both traditional court-based prosecution and RJ conferences increase support for the law and lower the rate of future reoffending when they engage the social psychological mechanisms of reintegrative shaming and procedural justice and thereby increase the legitimacy of the law. Hence, the results argue for the potential value of procedures such as the RJ conference but indicate that those procedures will only achieve their objectives if they are effectively designed and implemented.     

Fairness and Ethics in Social Decision Making

Social Justice Research -     

Fairness and participation in evaluation procedures: Effects on task attitudes and performance

A laboratory study was conducted to examine the role of two components of participatory work evaluation procedures on fairness attitudes and work performance. Opportunity for influential opinion expression and knowledge of evaluation criteria were manipulated in a business simulation exercise. Thirty-eight male and 49 female undergraduates worked under a task evaluation procedure that either did or did not allow them to express their opinions to the evaluator. In addition, subjects either were or were not provided with specific information about the criteria to be used in making the performance evaluation, and they received either a favorable or an unfavorable outcome. Questionnaire responses indicated that influential opinion expression enhanced perceptions of procedural and distributive fairness independently of the outcome of the evaluation. Both knowledge of evaluation criteria and perceptions of evaluation fairness correlated with subsequent task performance. The implications of these findings are discussed with respect to understanding the influence of procedural justice on attitudes and task behavior in organizational settings.     

Ambivalence in Intergroup Evaluation: The Role of Fairness Norm

We conducted two studies to examine the role of the social norm of fairness on cognitive (beliefs and judgments) and affective (emotions and feelings) ambivalence in an intergroup context of evaluation. As predicted, we found that ambivalence toward the ingroup is constantly higher in the cognitive dimension than in the affective dimension. Instead, cognitive and affective ambivalence toward the outgroup are generally similar but when the outgroup is highly protected by the fairness norm (i.e., the elderly), cognitive ambivalence is considerably lower than affective ambivalence. These findings provide evidence that (1) cognitive ambivalence is more controlled by the fairness norm than affective ambivalence, and that (2) it holds an adaptive function, changing in accordance with the demands of the normative context.

Ensuring Fairness and Justice for Noncitizen Survivors of Domestic Violence

Immigrant women who are abused face multiple barriers to seeking legal protection from the abuse. In many cases, immigrant women are unaware of the protections afforded noncitizens by the Violence Against Women Act (VAWA) and subsequent immigration laws. They may assume that noncitizens cannot access legal remedies or may fear deportation from being exposed as a noncitizen. These and other barriers such as language access and misinformation about U.S. laws about violence further shift the burden to judges, attorneys, and advocates to ensure that immigrant women are not underserved. The courts must also be aware of the consequences for noncitizens who perpetrate domestic violence. This article will provide a comprehensive overview of issues facing the courts when noncitizens are petitioners, respondents, or both in domestic violence cases, including a discussion of findings that can be made for immigrant survivors of domestic violence.     

The Neurobiology of Fairness and Social Justice: An Introduction

The study of social justice has always been an interdisciplinary undertaking, but in recent years neurobiologists have joined scholars and scientists from other areas to tackle complex questions concerning fairness, empathy, equality, hierarchy, and ideological conflict and polarization. By synthesizing insights from multiple, mutually informative levels of analysis, it is possible to shed new light on basic biological processes that reflect, inspire, and inhibit the pursuit of a more just society. With this special issue we highlight groundbreaking research on the neurobiology of fairness and social justice, bringing together six articles that address core themes of social justice, including individual variability in definitions of fairness, the genetic basis of economic egalitarianism, neural bases of empathy in environmental and intergroup domains, and the neural and genetic correlates of ideological polarization. Taken in conjunction, these diverse contributions bring multiple theoretical perspectives and research methods to bear on the shared goal of understanding and promoting social justice.