Procedural unfairness and managers surviving layoffs: Self-threat and coping in the context of organizational change

The affective and cognitive responses of managers who survive layoffs are explored. Evidence from two field studies suggests that managers who perceive that their organization was procedurally unfair exhibited greater anxiety than their nonmanagerial counterparts. Also, managers who perceived that the organization was unfair were more likely to withdraw from the organization, as measured by reduced organizational identification. Evidence that managers’ degree of identification with their managerial role moderated this relationship provides evidence of the psychological process driving these reactions to unfairness. Implications for the research and practice of organizational change are offered.     

中国与德国民事司法的比较分析

与德国相比，中国的民事司法在裁判质量、审判效率以及程序公正等方面都有一定差距。德国的民事诉讼法自从2002年1月1日改革以来，不断推陈出新，日新月异。而我国的民事诉讼法律规范在制订与革新方面则显得过于谨慎与犹豫，2007年10月《中华人民共和国民事诉讼法》的最新修订也仅仅囿于改革审判监督和执行程序的范围。无论从法官总数的设定、法官独立原则在实践中的贯彻，还是从法院执行官和司法辅助人员的配置，乃至简易程序、督促程序、和解与调解等制度的完善与改进等方面看，德国的民事诉讼法都能在一定程度上为我国的诉讼制度改革提供思路。     

Criminalizing Complicity: A Comparative Analysis

The Rome Statute's provision on complicity is remarkably vaguegiven the significance of the issue in international criminallaw. In search of guidance, this article takes a closer lookat the models for accomplice liability in domestic criminallaw, focusing on two systems that may be taken as representativesof the civil law and common law world, respectively: Germanand American criminal law.     

比较法对国际私法的意义——以国际私法的适用、研究和法典编纂为视角

国际私法的对象的涉外性意味着它与两个或两个以上国家的法律体系均有联系.较之其他法律部门,国际私法的适用更需要运用比较法方法进行实体法的比较和冲突法的比较;比起其他法学分支,国际私法的研究更需要运用比较法方法,以探究不同法系的异同和各种方法的特点;国际私法规则的国内立法和国际统一也离不开比较法.本文以国际私法的适用、研究和法典编纂为视角,阐述了比较法对国际私法的重要意义,以及对中国未来的国际私法立法、司法和理论研究的启示.     

The Significance of Statistical Significance:

This essay reviews The Cult of Statistical Significance: How the Standard Error Costs Us Jobs, Justice, and Lives, by Stephen T. Ziliak and Deirdre N. McCloskey. The book's core message is that statistical significance should not be equated with substantive significance and that empirical researchers should convey more information about the magnitude of relationships and effects than many now do. This essay summarizes, approves of, and elaborates on Ziliak and McCloskey's message with special attention to concerns of the legal academy. It clarifies appropriate uses of significance tests within the research framework of controlling for plausible rival hypotheses.     

The New Hong Kong Domain Name Dispute Resolution Policy: A Comparative Analysis

On 24 April, 2001, Hong Kong adopted a new Domain Name Dispute Resolution Policy. This represents the efforts of Hong Kong to strengthen management of its domain name disputes, particularly for 'cybersquatting' cases. This article first analyses the salient features of the Policy, including grounds for complaints, rights of complainants, confusingly similar domain names, use of domain names, evidence of registration and use in bad faith, and legitimate interests of domain name owners. The article evaluates the merits of the Policy, including its flexibility, low cost and time-saving efficiency. It also evaluates its demerits, including its restrictive scope, bias toward trademark owners, inadequate coverage for 'reverse domain name hijacking', limited range of remedies, and possibilities for further court proceedings. The article then concludes that the Policy is laudable as it demonstrates the determination and intention of Hong Kong to observe the international standards and practice in its information technology laws.     

Sanctioning Traditional Crimes with Fines: A Comparative Analysis

Rising crime rates within traditional sanctioning patterns have resulted in a search for alternatives to incarceration in order to control both the economic and the social (humanitarian) costs of punishment. The paper explores this response in four countries: England, Germany, Sweden, and the United States—all modern, industrial democracies. The paper focuses upon the response in terms of the role accorded monetary penalties as an alternative to incarceration. This role is analyzed in terms of the actual use of fines relative to incarceration, as a sentencing disposition for traditional crimes. The major finding is that among the four countries the United States accords fines a very minor role. The reasons for this difference are explored and it is concluded that the use of fines in the United States—when compared to European experience—appears to be far below the level that would minimize the economic and social cost of punishment.     

Corrections in Israel and the United States: A Comparative Analysis

The general underlying philosophical intent of corrections in both Israel and the United States is the restoration of the offender to a productive role in the community. Since the correctional intent is essentially the same, it is not surprising that the systems established to implement this aspiration are rather similar and exhibit many of the same ambiguities, weaknesses, and frustrations. The focus of the paper is on two correctional alternatives: incarceration and probation.

As in America, Israel's prisons are overcrowded; most of the correctional facilities are unfit for human habitation; sanitary conditions are poor; occupational, vocational, and educational opportunities are virtually non-existent; and rehabilitation exists in name only. The recidivist rate of criminal offenders is as high in Israel as in the U.S. Various Israeli commissions in recent years have decried the prison conditions and have called for reform but, again as in the U.S., the problem has defied an acceptable solution.

Israel's probation services are part of the country's social services delivery system rather than the penal or judicial systems. That is the case because, unlike the U.S. conception, probation in Israel is not considered a punishment. Probation services are utilized by the Criminal Justice System, but organizationally they are not part of it. Still, the functions carried out by the Israeli probation officers very much resemble those of their counterparts in the U.S. Probation services in Israel have not expanded in recent years, even though the number of incarcerated offenders has increased.

Corrections has never been a priority in Israel and will not be so long as the country remains preoccupied with security matters. On the other hand, the crime rate continues to increase and so does the prison population. Consequently, the country's correctional problems and policies, in all their dimensions, should be re-examined, and the sooner the better.     

Communicating Dissent in Judicial Opinions: A Comparative,Genre-Based Analysis

To date, there has been surprisingly little research on separate opinions in legal linguistics literature. Scarce attention has been paid to the linguistic and communicative aspects of how judges frame their disagreements. This paper serves as one of the early attempts to examine the institution of votum separatum, or separate opinion, from a comparative, cross-language perspective using a linguistic methodology. The evidence indicates a clear similarity in terms of how separate opinions are integrated within the respective macrostructures of the US SC opinions and the Constitutional Tribunal judgments. This study demonstrates how judges tend to employ highly formulaic expressions to signal their disagreement despite the absence of clear guidelines to communicate such stances. The analysis of their frequent phraseology demonstrates that declaring votum separatum and providing its justification are two different acts, not only legally but also linguistically, especially in terms of their formulaicity. The Polish and American justifications differ in the degree to which the frequent phraseology reveals peculiarities of judicial argumentation in addition to the presence of strong evaluative concerns.

     

社会网络分析之犯罪学意义

社会网络分析是西方社会学领域关于社会结构的一种崭新的观点和研究范式。社会网络分析强调社会关系对个人生活的影响,着眼于用关系的思维方式解释社会。社会网络分析为犯罪原因论的整合、犯罪对策的选择提供了新的思路,因而具有重要的犯罪学意义。总体而言,社会关系网络对犯罪生成起着一种抑制作用,但少数情形例外;不同历史时期的社会关系网络有其不同特征,对该时期的犯罪生成与犯罪控制也就会产生不同的影响;可以从社会网络角度对现行刑罚体系、相关社会政策及潜规则等做法进行反思。     

RECIDIVISM AMONG OFFENDERS AND EX-MENTAL PATIENTS: A Comparative Analysis

Prior work has demonstrated a consistently higher rate of arrest for ex-offenders than for ex-mental patients. although as a group ex-patients are more often arrested than the general population. From 1968 and 1975 data, the current study examines some of the possible explanations for the higher rates of offenders as compared to ex-mental patients. Even when age and prior arrests are controlled, the variables with the strongest association with subsequent arrest, a higher proportion of offenders are arrested after release than ex-patients.     

用工法律问题初探

随着我国《劳动合同法》把建立劳动关系的判断标志从“签约”修改为“用工”,研究与用工相关的法律问题显得日渐迫切。用工的内涵,可界定为用人单位招用劳动者为其成员,劳动者在用人单位的管理下,提供由用人单位支付报酬的劳动行为。认定用工是否成立,我们应根据双方主体是否合格、是否有劳动给付和接受行为、双方关系是否符合“从属性”标准要求等要件来作出判断。其中,对于“用工之日”的认定,应设置特别规定。关于如何理解用工和签约之间的效力关系,应区分“同时用工和签约”、“先用工后签约”、“先签约后用工”这三种不同情形,进行具体分析。     

高等教育投入模式的国际比较研究

基于2005—2015年的相关数据,发现OECD国家的高等教育投入模式分为三种模式:政府投入占绝对主导地位的北欧模式、以政府投入为主的欧洲大陆模式和以非政府投入为主的非欧洲模式。我国当前的高等教育投入模式与俄罗斯相似度较高,接近于欧洲大陆模式,但政府投入占高等教育投入的比例偏低而社会投入占高等教育投入的比例偏高。未来我国的高等教育投入政策宜更多的借鉴欧洲大陆国家(包括俄罗斯)的经验,加强政府投入的努力程度和主导作用,适当提高学费水平并建立学费的动态调整机制。     

Employment After Prison: A Longitudinal Study of Former Prisoners

Finding sustained employment is an important component of the transition from prison to the community for exiting prisoners. Anecdotal reports from former prisoners indicate that most individuals experience great difficulties finding jobs after their release. However, little systematic information is available about the employment experiences of individuals released from prison or the characteristics of former prisoners who are successful in locating employment. Using a causal framework, this paper examines the employment experiences of a multi-state sample of former prisoners, and identifies the individual factors influencing the likelihood of employment after release from prison, using data gathered from interviews with prisoners before and at multiple times after release. Findings indicate that consistent work experience before incarceration, connection to employers before release, and conventional family relationships improve employment outcomes after release. Individuals who relapse to drug use quickly after release, have chronic physical or mental health problems, and are older or nonwhite are employed fewer months after a period of incarceration.     

高校在促进大学生就业中的职责定位与政府管理的法律纬度

高校在大学生就业问题上的角色界定模糊,政府主导的就业率导向和行政化管理体制是其深层原因。法治政府的权力治理要求政府的权力行使应有相应的法律纬度。解决问题的途径是淡化高校与政府间的＂行政关系＂,发挥政府服务功能,依法落实高校办学自主权,回归高校的办学本质。     

浅议目前的中国政府雇员制

政府雇员制是一项全新的政府用人制度。本文总结了目前政府雇员制尝试的主要模式,分析了政府雇员制产生的动因,重点分析了政府雇员制的利弊,提出政府雇员制只是一种无奈的解决方案,指出真正解决政府人力资源管理问题的关键还在于公务员录用、考核、薪酬等制度的完善。     

The Fight Against Organised Crime in Europe: A Comparative Perspective

This article provides an overview of the measures and actions taken by the Member States of the European Union in their fight against organised crime and transborder crime. The Action Plan to Combat Organized Crime adopted by the Ministers for Justice and Home Affairs during the Dutch EU Presidency, submitted some 30 recommendations with respect to greater harmonisation regarding the fight against organised crime in the EU Member States. The author gives a concise summary of the most relevant changes and the structural characteristics per Member State, paying attention to developments in the specific countries and the organisations involved. One of the conclusions reached is that few or no reforms within national investigative and prosecution authorities may be directly traced back to the regulatory impulses of the EU. Although the EU Action Plan has not yet realised a convergence of the systems, the European process of integration has increased the mutual transparency and knowledge of one another's systems.