宽恕：当代心理学研究的新主题

长期以来，人们始终认为“宽恕是一个有着深刻宗教渊源的概念”，直到最近才开始出现了关于人际之间宽恕的心理学研究。宽恕和寻求宽恕的倾向会伴随人们的生命历程而逐渐发展成熟，宽恕与心理健康、心理治疗呈现正相关。当代心理学关于宽恕的研究越来越表现为对多种理论观点进行整合，呈现出良好的发展势头。     

宽恕心理学：理论蕴涵与发展前瞻

从理论研究的角度来看，宽恕是一个动机结构；从社会实证角度讲，宽恕还是一种亲社会行为。影响人际宽恕的重要变量主要包括：属于认知和情绪过程的因素，属于人际关系质量方面的因素，属于情境方面的因素。这些因素是我们把宽恕应用于各项临床实践的重要前提。宽恕对于改善由于冒犯而造成的人际关系损害具有明显的积极影响作用。宽恕从动力机制上讲可以防止进一步寻求复仇和促进亲社会化改变。许多社会心理因素对于宽恕都具有正面的影响和决定作用。     

青春期不同阶段宽恕心理发展水平的质性研究

本研究以当代青少年青春期宽恕发展的特征为切入点,采用质性研究方法,从认知、情感、行为三个层面对处于青春期三个阶段的35名学生进行深度访谈,了解处于青春期不同阶段的青少年宽恕心理发展的特点和趋势,归纳青少年应对人际冲突时宽恕心理发展变化的特点,研究宽恕对缓解青少年人际冲突产生的影响机制,构建影响因素之间的关系,并揭示干预对宽恕发挥作用的心理机制,进而探讨以宽恕为导向的心理辅导对青少年的作用模式。本研究的主要结论如下:1.青少年宽恕水平随年龄增长而变化,青春后期的青少年宽恕水平最高,青春前期、青春中期的青少年宽恕水平次之。2.宽恕干预在减少青春期人际冲突中具有显著作用。3.青春前期是对青少年实施宽恕干预的最佳时期。4.干预导致了对宽恕内涵的认知变化、对冒犯事件的情感体验变化和处理冒犯与冲突的行为变化。5.影响干预有效性的因素包括他人期待、社会规范、社会与人际和谐。     

宽恕与健康

目前,宽恕作为积极心理学的一部分己经成为越来越多的研究领域所关注的主题,日益展现出它的理论价值及应用潜力。宽恕与健康的关系研究也成为新的焦点,具有重大的意义。本文主要分析影响宽恕的主观因素和客观因素,阐释宽恕对身心健康的影响,以提高人们从宽恕的角度去促进健康的意识。     

论刑事被害人宽恕对量刑的影响

被害人行为对形事诉讼的影响日渐加深,这迫切要求我们对被害人的行为进行系统的研究,以适应不断发展的社会实践。本文选取被害人宽恕对量刑的影响这一议题,从基本概念的阐释到国内外有关被害人宽恕理论的介绍,最后落脚到将被害人宽恕引入到我国刑事法学之具体制度构建,基本结构是从宏观到微观,从抽象到具体,以期能够对我国刑事法学的发展与改革产生贡献微薄之力。     

没有宽恕就没有未来——恢复性司法视野下的罪犯宽恕之道

在恢复性司法的环境下，被害人的补偿、被害人和犯罪人之间关系的修复以及补救由犯罪造成的其他损害的做法进入了我们的视线。面对社会的复仇传统、现代人情感的缺乏以及对宽恕、和解存在误解的种种困难下，我们如何宽恕罪犯、与罪犯和解呢？认识自我、不推卸社会责任、破除“恶”的神话等是实现罪犯的宽恕之道。     

美国反垄断法宽恕制度及对我国的启示

垄断协议是反垄断法所规制的对象中存在最普遍、危害性最大、最难规制的垄断形式,各国均将其作为反垄断法规制的重点和难点。由于其形成和存在的高度隐蔽性,常使反垄断执法困难重重,宽恕制度应运而生,同其他制度一起在很大程度上减轻了执法机关的执法难度。而我国关于宽恕制度过于简单显然给执法造成了很大困惑,关于主体、执法程序、适用条件等方面都没有具体的界限与规定,很难直接被反垄断执法机关适用。     

略论我国反垄断法的宽恕政策

卡特尔是一种普遍存在的严重的垄断行为，如何有效打击卡特尔是反垄断法的重要任务。由于卡特尔都是秘密协商，证据难以被发现，因此反垄断执法机关发现并查处秘密卡特尔的难度很大。为此，许多国家都采取了宽恕政策以鼓励参与卡特尔的经营者主动告发。我国《反垄断法》第46条第二款也引入了此项法律制度，但与其他国家相比，我国的宽恕政策仍然有诸多不完善之处，本文就此提出了进一步完善立法的建议。     

检察官的升华和女囚重生

“宽恕是不幸的受者对施者的权利，也许，我可以宽恕她的溺婴之罪，但是，面对她的苦难和不牵，我有资格宽恕吗？我只有惭愧，为我曾经对她的指责和愤恨，以及冷漠无情。”     

论《反垄断法》上之宽恕制度

宽恕制度源于美国,作为反垄断法上的一项重要制度,逐渐成为各国启动卡特尔侦查程序的主要手段,当今世界卡特尔呈现越来越隐蔽的趋势,宽恕制度本身具备的合理性与合法性,使得世界上越来越多的国家将这一制度纳入自己的反垄断法体系中。我国在2007年颁布的《反垄断法》中也引进了这一制度,但是无论在立法还是在实践中,我国对宽恕制度的规定都存在许多不足,有一些问题亟需解决。     

被害人宽恕与量刑

传统的司法观念将追究犯罪单纯看作国家的职能，因此容易忽视被害人事后宽恕情节对量刑的影响。司法实践中虽然也有将被害人宽恕当作量刑情节的案例，但是却很少有人对此作出详细论述。从量刑的根据、被害人宽恕作为量刑情节的理论支撑和具备的优秀实践价值出发，全面列举了被害人宽恕应该成为一个酌定的量刑情节的理由。     

An Integrated Model of Legal and Moral Reasoning and Rule-Violating Behavior: The Role of Legal Attitudes

Legal socialization theory predicts that attitudes mediate the relation between legal reasoning and rule-violating behavior [Cohn, E. S., & White, S. O. (1990). Legal Socialization: A Study of Norms and Rules. New York: Springer-Verlag]. Moral development theory predicts that moral reasoning predicts rule-violating behavior directly as well as indirectly [Blasi, A. (1980). Bridging moral cognition and moral action: A critical review of the literature. Psychological Bulletin, 88, 1–45]. We present and test an integrated model of rule-violating behavior drawing on both theories in a longitudinal study of middle school and high school students. Students completed questionnaires three times during the course of 1 year at 6-month intervals. Legal and moral reasoning, legal attitudes, and rule-violating behavior were measured at times one, two, and three respectively. Structural equation models revealed that while moral and legal reasoning were directly and indirectly related to rule-violating behavior among high school students, legal reasoning bore no direct relation to rule-violating behavior among middle school students. The implications for an integrated model of reasoning and rule-violating behavior are discussed.     

The Limits of Reconciliation: The Story of a Perpetrator,Katherine Ann Power

In this paper, I apply concepts of restorative justice, along with moral philosopher Joanna North's (1998) multistage model of the process of earning forgiveness to the case of 1960s antiwar militant, Katherine Power. Both frameworks assume that forgiveness ought to culminate in reconciliation between perpetrator and victim. On September 23, 1970, Katherine Ann Power, a 20-year-old college student, was a member of a group of five who were robbing a bank near Boston to support the movement against the Vietnam War. One from the group stayed at the bank and shot and killed a Boston police officer and father of nine. Under Massachusetts' felony murder law, all five were chargeable with murder. Power went underground for 23 years, remaining on the FBI's Ten-Most-Wanted list longer than any other woman in history. During her fugitive years, Power lived her life in a purposeful attempt to make atonement. Ultimately, though, she came to understand that her crime was not a private matter, but demanded social and relational modes of remediation, including public confession, public penance (in a penitentiary), and efforts at reconciliation with the family of her victim. So in 1993, she turned herself in, pleaded guilty to manslaughter, and began serving an 8–12-year sentence in Massachusetts. She completed her prison sentence in October, 1999. Power spent her years in prison engaging in reflection and action that maps well onto the first five stages of North's model and onto much of the restorative justice model. So far, though, Power's efforts have failed to yield the hypothesized reconciliation with her victims. Examination of the parallels and divergences between these theoretical frameworks and Power's narrative provides significant insight into the meaning, the promise, and the limits of reconciliation.     

A Vigilante Model of Justice: Revenge,Reconciliation, Forgiveness,and Avoidance

Once a working relationship is damaged through an act of injustice, how do the victim and offender repair their relationship? What causes the victim to let go of the anger and resentment and then reconcile with the offender? We propose a theory that the likelihood of forgiveness and reconciliation is greatly enhanced, and revenge and avoidance greatly decreased, if justice is first served. That is, forgiveness follows justice; without justice, forgiveness is much less likely. Justice may be served one of three ways: (1) by the victim evening the score; (2) by the organization punishing the offender; or (3) by the offender repenting. We recommend that managers establish a procedurally just climate so that victims of offense seek distributive justice through formal channels rather than seeking it themselves through revenge.     

Feeling guilty to remain innocent: the moderating effect of sex on guilt responses to rule-violating behavior in adolescent legal socialization

Legal socialization researchers have ignored the role of emotions such as guilt to explain rule-violating behavior (RVB). The purpose of Study 1 was to determine if anticipated guilt or guilt proneness was a better predictor of RVB. Participants were 325 university students who completed an online questionnaire. Correlations indicated that both measures were related significantly to RVB; however, when both were entered into a multiple regression as predictors, only anticipated guilt was significant. This suggested that anticipated guilt was a stronger predictor of RVB than guilt proneness. The purpose of Study 2 was to investigate the effects of anticipated guilt on future RVB while controlling for the integrated legal socialization variables. Participants were 283 middle school and 187 high school students. Multiple regression analyses were conducted to predict students' future engagement in RVB. Anticipated guilt predicted RVB for middle school and high school students. However, sex moderated these effects. Male students low in anticipated guilt committed more RVBs than male students high in guilt. Female high school students showed a similar effect but not at the same magnitude as the male students. Guilt had no significant effect on RVB for female middle school students. Implications for the findings are discussed.     

水域污染的社会学解释——东村个案研究

本文选择太湖流域的东村进行田野调查 ,发现 ,传统社会水域保持清洁的原因是 :农业社会长期形成的生产、生活方式有利于圩田系统的生态平衡 ,并且 ,村落的社会规范及村民的道德意识也有效地约束了村民的水污染行动。 90年代以来 ,东村及其周围水域被迅速污染。水域污染问题主要不是科学技术问题 ,而是经济社会问题。利益主体力量的失衡、农村基层组织的行政化与村民自组织的消亡以及农村社区传统伦理规范的丧失是造成水域污染的主要原因。与市场经济体系相适应的法律制度建设是解决水污染问题的根本途径     

Moral judgement,cognitive distortions and empathy in incarcerated delinquent and community control adolescents

Abstract

Immature moral judgements, cognitive distortions and low empathy could contribute to criminal offending and are often targeted in interventions aimed at reducing risk of recidivism. We compared 58 delinquent 13–18-year-olds, incarcerated in youth homes in Sweden (29 males, 29 females) with 58 (29 males, 29 females) community control adolescents individually matched on age, gender, ethnicity and socio-economic position. Self-report questionnaires examined moral judgement, cognitive distortions, and empathy. Delinquent adolescents exhibited less mature moral judgements and more cognitive distortions than control adolescents. However, no association between delinquency status and self-reported empathy was found. In addition, girls reported more mature moral judgements, less cognitive distortions and more empathy than boys did. Moral judgement and empathy were positively correlated and both measures were negatively correlated with cognitive distortions. Our data support the idea that moral judgement and cognitive distortions are important treatment targets for juvenile delinquents, whereas empathy may be less meaningful to address directly.     

Retributive and Inclusive Justice Goals and Forgiveness: The Influence of Motivational Values

Who is more likely to forgive, given that justice is important and motivating for people? In this article, we argue that the relation between justice and forgiveness depends on the type of justice involved; specifically, the goals of justice, i.e. retributive versus inclusive. We also explored the influence of motivational values on justice goals and forgiveness. Using data from 178 undergraduate psychology students who responded to measures of retributive and inclusive justice attitudes, forgiveness attitudes and dispositions, and values, we found support for our hypotheses that retributive justice goals are negatively related to forgiving attitudes and dispositions; inclusive justice goals are positively related to forgiveness; and benevolence and power values play the dominant role in predicting forgiveness. The results have implications for how the relation between justice and forgiveness is conceptualised and applied.     

Apology and Remorse in the Last Statements of Death Row Prisoners

The role of apology is beginning to receive attention from within the criminal justice system. Research suggests that both victims and offenders can benefit when the offender offers an apology and shows remorse. Less is known, however, about the frequency with which offenders apologize and the content of their apologies. In this study we conducted an exploratory analysis of remorse‐related content in the last statements of inmates on death row in Texas between December 7, 1982 and August 31, 2007. Almost one‐third of the offenders offered an apology, most of which were directed toward the victim’s family. In addition, these apologies were linked with other indications of remorse and sincerity, such as asking for forgiveness and showing empathy. Logistic regression analyses showed that apology was reliably predicted by these remorse‐related variables, but not by demographic variables or variables related to the crime itself. Implications and future research directions are discussed.     

Educational tracking and juvenile confidence in the police in China

Juvenile confidence in the police (JCP) has become an important research topic in policing. In spite of an increasing amount of research literature on JCP, the influence of educational tracking especially vocational tracking on juveniles’ confidence in the police has received limited scholarly attention. Extant literature suggests a noticeable difference in family backgrounds, attitudinal perceptions, and problematic behaviours between vocational school students and regular high school students. Using the survey data of 3628 students collected from these 2 distinctive segments of educational tracking in a southwestern Chinese city, this study examines if and how youths in vocational schools perceive the local police differently from their regular high school counterparts. The findings indicate that vocational school students had more confidence in the police than their regular high school peers. In addition, school contexts played a significant role in shaping their respective attitudes toward the police. Implications of these findings are discussed.