中国行政诉讼：多中心主义的司法

<正>在学术界有关司法功能的讨论中,司法被赋予了下述功能中的一种或几种:纠纷的解决者、社会进步的推动者、规则的确立者、民众参与的平台。由于行政诉讼直接触及行政系     

THE ROLE OF SOLICITORS IN DIVORCE PROCEEDINGS*

“I was walking down the boulevard one day with my sister who was down for a week's holiday. She said off the cuff ‘When are you going to get divorced?’ I said ‘I don't know.’ Seeing a solicitor's office, I said ‘ I'll pop in here’—just the job, just like going in the shop for a loaf of bread. So I sees the receptionist. She said ‘ I'll see if he can see you straight away.’ Well, he gave me an interview straight away. Within an hour everything was done. He told me to bring all the gen I could in a couple of weeks time, which I did and then we got on with the job.”     

INTERORGANIZATIONAL UTILITY OF WELFARE STIGMA IN THE CRIMINAL JUSTICE SYSTEM*

The appropriation of “welfare stigma” or stereotypes about poor people's overreliance and abuse of public aid in two core criminal justice functions is examined: felony adjudication in a court system and space allocation in a jail. Through a comparative ethnographic study in which an abductive analysis of data (20 months of fieldwork) was used, we show that criminal justice gatekeepers utilize welfare stigma to create stricter eligibility criteria for due process in criminal courts and occupancy in jails. Specifically, the number of court appearances, motions, trials, jail beds, food, showers, and medical services is considered by professionals to be the benefits that individuals seek to access and abuse. Professionals view their role as preventing (rather than granting) access to these resources. The comparative nature of our data reveals that welfare stigma has interorganizational utility by serving two different organizational goals: It streamlines convictions in courts, which pulls defendants through adjudication, and conversely, it expands early release from jails, which pulls inmates out of the custody population. In the context of diminishing social safety nets, our findings have implications for understanding how discretion is exercised in an American criminal justice system increasingly tasked with the distribution of social services to the urban poor.     

THE CONCEPTUALIZATION OF DISCRIMINATION IN THE JUVENILE JUSTICE PROCESS: THE IMPACT OF ADMINISTRATIVE FACTORS AND SCREENING DECISIONS ON JUVENILE COURT DISPOSITIONS

Research on race, sex, and social class discrimination in the juvenile justice process has yielded mixed results. These conflicting findings have been attributed to the use of diverse research strategies and various methodological shortcomings. There are, however, two potentially important issues that have not been previously addressed: the need to examine the juvenile justice system as a process, rather than as a series of separate and unrelated decision points, and the failure to control for the impact of administrative factors such as pretrial detention. The purpose of the research reported here is to examine the impact of race, sex, and social class on juvenile court dispositions while controlling for pretrial detention and appropriate legal factors. The analytical strategy employed permits an examination of the impact of these factors over three stages of the juvenile justice process: referral, adjudication, and disposition.
Findings indicate that while legal factors and pretrial detention decline in importance as predictors of disposition as one moves from an examination of all referred to adjudicated youth, race and social class become more important. These results are discussed in terms of their methodological significance and their implications for the conceptualization of discrimination in the juvenile justice process.     

THE ROLE OF PEERS IN THE COMPLEX ETIOLOGY OF ADOLESCENT DRUG USE*

The role of peers in adolescent drug use is analyzed by integrating differential association and situational group pressure notions with propositions derived from social bond theory. The resultant causal model is tested for self-reported use of alcohol, cigarettes, marijuana, amphetamines, and depressants. The model explains 49% of the variation in combined drug use among 768 adolescents. The variables from social learning traditions have the strongest effects in the model, but associations with drug-using parents or with prodrug definitions received from parents or friends have far less impact on drug use than do associations with drug-using friends per se. It is argued that differential association with situational pressure to join others in drug use may be more relevant to adolescent drug use than are social bonds or differential association with a ratio of prodrug to antidrug definitions.     

THE ROLE OF ATTENUATED CULTURE IN SOCIAL DISORGANIZATION THEORY*

Current criminological research rooted in social disorganization theory has primarily focused on structural disorganization and has largely ignored the role of cultural disorganization. This paper develops the theoretical role of cultural disorganization in the contemporary social disorganization model, integrating aspects of both the systemic model and a cultural attenuation model. This model is empirically examined using structural equation modeling. Survey data from residents in 66 neighborhoods in a Southern state provide the primary data. In part, the findings show that concentrated disadvantage and the level of social ties affect cultural strength, which in turn significantly affects informal social control. These findings demonstrate the relevance of weakened culture in explaining informal social control and call for further theoretical expansion of social disorganization models to include cultural disorganization.     

THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS*

The parole board plays an integral part in the reentry of offenders into the community from prison in most states; yet, little is known about the decision‐making practices of this group. In particular, few studies have used quantitative data to examine parole among a large group of offenders, and less is known about the direct and joint effects of race and ethnicity on this decision point. We extend previous work by considering variation in parole timing among a sample of young, serious offenders incarcerated in one state. Results from a series of proportional hazard models reveal substantial variation in parole timing. Consistent with the existing theoretical research on parole, parole actors are most concerned with community protection and heavily weigh measures of the current offense, institutional behavior, and the official parole guidelines score. The direct effects of race and ethnicity were also revealed. Black offenders spent a longer time in prison awaiting parole compared with white offenders, and the racial and ethnic differences are maintained net of legal and individual demographic and community characteristics. These findings provide important insight into the parole process and augment the existing theoretical work on disparities in decision making.     

THE ROLE OF ARREST IN DOMESTIC ASSAULT: THE OMAHA POLICE EXPERIMENT *

This paper reports on a replication of the Minneapolis Domestic Violence Experiment in Omaha, Nebraska. Suspects who were eligible for the experiment were randomly assigned to one of three police dispositions: mediation, separation, or arrest. No differences by disposition were found in prevalence or frequency of repeat offending, using jive measures of recidivism to assess outcome six months after police intervention. A survival analysis, using three of the measures for which dates of failure were available, also produced no differences by disposition     

THE ROLE OF CRIME IN HOUSING UNIT RACIAL/ETHNIC TRANSITION*

Previous research frequently has observed a positive cross-sectional relationship between racial/ethnic minorities and crime and generally has posited that this relationship is entirely because of the effect of minorities on neighborhood crime rates. This study posits that at least some of this relationship might be a result of the opposite effect—neighborhood crime increases the number of racial/ethnic minorities. This study employs a unique sample (the American Housing Survey neighborhood sample) focusing on housing units nested in microneighborhoods across three waves from 1985 to 1993. This format allows one to test and find that such racial/ethnic transformation occurs because of the following effects: First, White households that perceive more crime in the neighborhood or that live in microneighborhoods with more commonly perceived crime are more likely to move out of such neighborhoods. Second, Whites are significantly less likely to move into a housing unit in a microneighborhood with more commonly perceived crime. And third, African American and Latino households are more likely to move into such units.     

THE SPECIALIZATION OF JUSTICE ORGANS AND PROFESSIONALIZATION OF JUSTICE PERSONNEL IN CHINESE JUVENILE CRIMINAL CASES

Juvenile criminal cases should be investigated, prosecuted and judged by specialized organs and full-time personnel China should follow international criminal judicial criteria and implement the relevant laws, such as the Chinese Criminal Procedure Law and the Law on Protection of Minors in China, to promote the specialization of justice organs and the professionalization of justice personnel involved in juvenile criminal cases.     

EMERGING ROLES OF THE FAMILY LAWYER

The author examines the problem of representing adverse interests of the parties in family law disputes and proposes some measures for attorneys to address this need. The role of the attorney shifts from being merely an advocate to becoming a consultant and adopting other roles, depending on the needs and wishes of the client. According to this article, the bar must become more sensitive to the needs of the public and the call for a simpler, more “user-friendly” system.     

THE LIMITED ROLE OF CHANGING AGE STRUCTURE IN EXPLAINING AGGREGATE CRIME RATES*

Changes in the age structure are shown to have a limited impact on aggregate crime rates. Even the dramatic transformation of the age distribution accompanying the baby boom shifted crime rates by no more than 1 % per year. Projected changes in the age distribution between 1995 and 2010 will lead to slight declines in per capita crime rates. These results are at odds with recent predictions of an impending demographically driven crime wave. Such predictions have focused exclusively on a rise in juvenile crime and ignored the offsetting decreases among adults.     

ROLE OF THE STREET NETWORK IN BURGLARS' SPATIAL DECISION‐MAKING*

Explaining why crime is spatially concentrated has been a central theme of much criminological research. Although various theories focus on neighborhood social processes, environmental criminology asserts that the physical environment plays a central role by shaping people's activity patterns and the opportunities for crime. Here, we test theoretical expectations regarding the role of the road network in shaping the spatial distribution of crime and, in contrast to prior research, disentangle how it might influence offender awareness of criminal opportunities and the supply of ambient guardianship. With a mixed logit (discrete choice) model, we use data regarding (N = 459) residential burglaries (for the first time) to model offender spatial decision‐making at the street segment level. Novel graph theory metrics are developed to estimate offender awareness of street segments and to estimate levels of ambient guardianship, distinguishing between local and nonlocal guardianship. As predicted by crime pattern theory, novel metrics concerning offender familiarity and effort were significant predictors of residential burglary location choices. And, in line with Newman's (1972) concept of defensible space, nonlocal (local) pedestrian traffic was found to be associated with an increase (decrease) in burglary risk. Our findings also demonstrate that “taste” preferences vary across offenders, which presents a challenge for future research to explain.